[AccessD] Time for More Legal Discussion - Oh Boy

Nicholson, Karen cyx5 at cdc.gov
Mon Jan 24 13:07:10 CST 2005


I am not sure where the locations are, but I know they are scattered
across states.  I have to look in my records tonight to see who billed
this and when.  If it was not me, I have a nice firepit full of garbage
just waiting to be lit.

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of John W. Colby
Sent: Monday, January 24, 2005 1:43 PM
To: 'Access Developers discussion and problem solving'
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


You are not responsible for the system not working under conditions it
was
not designed for.  The "over t1 lines" is, all by itself a potential
show
stopper.  Over T1 lines from where?  The building next door or
California
(or Japan)?  Access is simply not designed to handle latency issues of
that
nature.

Time and materials, $300 / hour, large up front fee.  You will likely
never
hear from him again.  But it needs to come on Atty letterhead.

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson,
Karen
Sent: Monday, January 24, 2005 1:18 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


I just glanced over the letter, the last thing I need is more attorney
bills
for a system when I believe I was working for someone else's company, I
don't think I went direct.  It is some jabber about them taking the
system
up to 27 locations, then of course, the Access backend over T1 lines as
the
system grew.  They need to go to SQL backend - I think this weezle is
just
trying to get something for free.  Right, I am going to rush out and
convert
their Access backend for them.  Wait until they get a shot of my
backend.
NOT MY COMPANY, INHERITED DATABASE, FORCED LABOR.  

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of John W. Colby
Sent: Monday, January 24, 2005 1:03 PM
To: 'Access Developers discussion and problem solving'
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Yep, time top talk to an atty.  I doubt you have a problem just based on
the
length of the silence.  He went away, used it for all this time, and now
claims it doesn't work.  Sounds lame to me.  

Does he have a signed contract with a warranty clause?  If not he
basically
doesn't have a leg to stand on.  Time and materials to fix it, at
whatever
rate you want to put on it... Payment terms to be agreed upon before
work
begins.  Perhaps $300 / hour, $5000 up front, pmt due within 15 days of
invoice receipt.  Your atty will help draft such a letter.  That's how I
made my nightmare go away.  It cost me my atty fees but that was
minimal.

John W. Colby
www.ColbyConsulting.com 

Contribute your unused CPU cycles to a good cause:
http://folding.stanford.edu/

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Nicholson,
Karen
Sent: Monday, January 24, 2005 12:43 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


This is the first I have heard about it. I have been happily
not-contracting
for at least a year and a half, so it has to be that long.

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Charlotte
Foust
Sent: Monday, January 24, 2005 12:34 PM
To: Access Developers discussion and problem solving
Subject: RE: [AccessD] Time for More Legal Discussion - Oh Boy


Sounds like time to have an attorney talk to him.  How long ago did he
discover that the program was "bad"?

Charlotte Foust


-----Original Message-----
From: Nicholson, Karen [mailto:cyx5 at cdc.gov] 
Sent: Monday, January 24, 2005 9:13 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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