I have entered into a contract with a website developer 'James' to get my website up and running by a certain date. However I had not heard from him in a while so I called him up to check on the progress. He then told me that he had been too busy to get to it and will have to push back the deadline. This does not work for me as I had already sent out marketing material telling potential customers that my website goes live on this date. Due to an oversight on my part I had not specifically stated in the contract that I need the website ready by a certain date. Is there anything I can do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Dilani Mudalige, Yokine 6060 WA
- If there is no clause in the contract that gives a due date for completion of the website the answer to your question will depend on whether you have you included or referred to a Statement of Work setting out when the website is to go live. If so this would form part of the contract if it is attached or referred to and James would be bound to deliver the website by this date.
- If there is no Statement of Work attached or referred to in your contract is there a clause that states time is of the essence when performing this contract or similar wording to this effect? In this case while James may not be in breach of the contract if he doesn’t have the website ready on the date you were expecting him to he is still under an obligation not to unnecessarily delay his performance of the services.
- You should also check your contract to see whether there is a clause stating that the contract forms the entire agreement and any previous communications are not part of the contract or words to that effect.
- If there is a clause like that then there is likely to be no breach of the contract by James in not delivering the website on the expected date.
- If there is no clause in your contract stating that previous communications do not form part of the contract you may assert that any communication where you requested and James agreed that the website be up and running by a certain date forms part of the contract which James has to comply with.