[MLUG - DISCUSSION] Extremely Off Topic -- Soured development agreement

["Bob Bobson" <EMAIL:PROTECTED>]

First off, this is my first post to this list, so - hello everyone.

With that said, my first post isn't a happy post... so I will try to keep 
this short and to the point so as not to rain on anyone’s holiday cheer.

Several months ago, via a different LUG, I came into contact with a rather 
active member of MLUG – someone whom I eventually hired to perform some 
development services. And, as you probably suspect, things have gone south.

I will leave out a lot of the back-story (because it really isn't needed), 
and simply say that the development services he was paid for (there was a 
partial payment made in advance) have not been performed – and I would like 
to somehow garner a return of this payment (or a prorated repayment in 
regards to the minimal work he did do).

So, why am I posting this here? Good question.

Long Answer: Four months into development, he ceased responding to emails 
and all noticeable development work came to a halt (Yes, some work was 
indeed performed... but nothing was produced that is useable in the manner 
we had agreed upon). Further, he hasn't posted to the LUG-list we originally 
met on in quite a while, but he is still very active here. And, in my latest 
attempts to solve this dispute (via private emails to him over the past few 
weeks), I have repeatedly stated my willingness to solve this problem in a 
manner that works for the both of us... yet, he ignores them (and yes, his 
email is still working, as he has repeatedly posted to this list from that 
email address in the past few weeks).

Still further, I have been very accommodating on numerous occasions 
throughout this ordeal (an understatement, IMO – for example: he had some 
personnel issues (so he told me) that quadrupled the development schedule, 
yet I was extremely understanding and didn't put any pressure on him to 
focus on our project), yet he has severed contact despite my repeated 
attempts to resolve this as privately and as amicably as possible. So, he 
has left me no alternative but to bring this to the attention of the members 
of MLUG in an effort to garner suggestions on what I should do next. (Yes, 
taking things to the courts is certainly a possibility, but the 
dollar-figures involved shouldn't warrant such ugliness. One would think 
that we could take care of this without having to go that route.)

Short Answer: As stated, he is an active (and longtime?) member of this 
list. Before I out him, there is the possibility that bringing this 
transgression to your collective attentions in this manner might spur him 
into doing the honorable thing. But then again, should he decide to continue 
his current trend of inaction, if anything, my outing him will kill his 
chances of taking money from any of you.

So, Mr. Developer, as has always been the case – I'm STILL willing to 
discuss a mutually beneficial conclusion to this. Please contact me at your 
earliest convenience.

And MLUG members, again, I apologize for having to go this route, but I am 
certainly open to hearing your thoughts on how to best proceed.

Regards,
Kirk


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