[AccessD] Time for More Legal Discussion - Oh Boy

Brett Barabash BBarabash at TappeConstruction.com
Mon Jan 24 12:12:36 CST 2005


Karen,
First of all, if the total loss is $3000, this is clearly a small claims
court issue.  A civil court won't hear a case under $5K, and it wouldn't
be worth it for the client to pay a lawyer to recover such a small
amount.  Of course, explaining dumbing down the evidence for a small
claims court is no small task.

Secondly, there is the legal concept of mitigation of loss.  The client
will be burdened with the task of proving that they didn't know about
the bug six months ago.  If it can be proven that they did know about it
and said nothing, the actual amount of damage will be greatly reduced.

And finally, if this can be proven to be a Microsoft technology issue
(security flaw, data corruption bug, etc.), and it is documented
(knowledgebase, 3rd party journals, etc.), it should be easy for the
developer to prove that they were not at fault.  I have gone down this
exact road with a MS solution provider for way more than $3000.  After
we reviewed the facts, it was clear to us that the problem was with the
product, not the consultant.  So sue Bill instead (oh, and good luck
with all that!).
 

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson,
Karen
Sent: Monday, January 24, 2005 11:13 AM
To: accessd at databaseadvisors.com
Subject: [AccessD] Time for More Legal Discussion - Oh Boy

What happens when a program is written for a customer using Microsoft
Technology, and the Microsoft Technology is bad - its data, its logic.
It has cost this one client, he claims, $3000 in lost revenue and he
wants the payment for the system refunded plus damages.  The user never
notified said programmer that there was a problem even though they have
been using it for a good six months.

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