Website Ownership

[The Little Guy]

I am building a site for a guy, and if he doesn't pay me, do I have a right to destroy the site, or not allow him to have access to the files?

 

He designed the site's layout in photo shop, then I recreated it on the web to look exactly like his layout. He was also thought of the idea.

 

Other than that, I programmed it (HTML, CSS, PHP, JavaScript/AJAX, FLASH, ActionScript, MySQL), hosted it on my server (database and files), put all of his ideas in there, put some of my own ideas in (OK with him), built a page one time, then he decided it was not what he wanted so he re-created it, and now I am in the process of making his newer idea. Basically the new idea is a full featured game that uses AJAX to so the page never reloads during game play, but if someone happens to refresh/reload the page, it starts where you left off.

 

Basically, is the site mine until he pays for it?

[TheFilmGod]

This is a complicated issue.

 

You should already have a signed contract with him. - Unless you are doing shady business just to avoid the IRS, then maybe you'll get screwed over. (Sometimes the government is there to help us.)

 

If he owns the domain, then you can't take that away from him. But if the files are hosted on your server, then you can simply delete everything. I don't see why stealing his stuff would be beneficial to you, but I guess you could in essence, retain ownership of the files - since you created them from scratch.

 

You may end up going to court if things go icky... of course you could have prevented this whole thing if you only signed a contract with him. DUH! 

[PFMaBiSmAd]

When you "put all his ideas in" that is the work you are getting paid for. When you "put some of my own ideas in", if they are within the scope of what is necessary to complete the agreed upon project, they are included. If you suggest something that is in addition to what was originally agreed upon, it is your job to stop and tell him in writing that to add that feature it will take x amount of time and cost x amount of money.

 

You should withhold delivery until final/full payment is made. If you do happen to turn over everything but he does not pay, your action should be a legal one only. As soon as you do anything to cause harm (you are only entitled to the agreed upon of money for your work), you will be in the wrong and he can sue you for damages.

 

If he is changing the concept or the scope of the work beyond what your contract with him includes, unless you tell him in writing that the additional work (before you do it) will cost him x amount of time/money, you will end up doing the extra work as part of the original contract price.

 

If your contract is simply "Complete project for x amount of money" it will be kind of hard for you to prove you are entitled to more than what is shown on the contract.

 

In court, where you would be at trying to get full payment for what you delivered, it would be up to you to prove (signed contracts/change orders) that any additional work or money beyond the original contract was agreed upon and authorized.

 

In court, where you would be at if you disabled or damaged the work after you turned it over it him and he is suing you, he would only need to show that you caused him harm after you turned the work over.

[PFMaBiSmAd]

Here is a couple more items -

 

When you do turn over all the work, have him sign a "receipt" stating that all the agreed upon work has been completed, delivered, and is acceptable.

 

If you get paid by check or money-order (a piece of paper) and he pays less than the full amount (perhaps because he thinks the work was incomplete or not acceptable in some way) and writes on the check "paid in full" and you cash it, that amount of money is the most you can get, because by cashing it, you agree that that it was the "paid in full" amount.