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I'm in California and I've been working on a project for a company in Canada for 2 years.
I've had no contact with my client since the first. If I had to guess, I'd have to say he's decided to cancel the project. It's $hitty way to do it, but it's his choice.
Problem is, neither I nor the other guy on project have been paid.
[UPDATE]
Problem is, neither I nor the other guy on project have been paid since the first.
I'm considering remoting and removing the DB and click-once.
I'm open to how you would deal with this.
modified 12-Jan-15 14:08pm.
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Did YOU contacted client? Do it first. Ask...
If not other you can gain a bad name around the client...
Skipper: We'll fix it.
Alex: Fix it? How you gonna fix this?
Skipper: Grit, spit and a whole lotta duct tape.
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Do NOT do any damage to the system - even though you wrote it and they didn't pay you this would still be considered a serious matter. (Think law enforcement serious).
IMHO, better to write a letter asking what the status is of the project and payment, and send it to the company by registered post. If it is a large company it is likely that the payment just fell between the gaps in the procurement process...
Then - wait a couple of weeks and if you don't hear back better call Saul.
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Duncan Edwards Jones wrote: if you don't hear back better call Saul
Don't you mean Guido, from "Accounting"?
Psychosis at 10
Film at 11
Those who do not remember the past, are doomed to repeat it.
Those who do not remember the past, cannot build upon it.
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As far as handling this project, it's hard for me to say without knowing the full details. But, as was mentioned, it's best to talk to the client directly about it.
However, for the next project make sure the client pays you in draws / milestones. Don't wait until the end of it all for payment. Clients have a way of making changes anyway; you still have bills to pay.
Jeremy Falcon
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I've been getting paid monthly for 2 years. He just stopped responding after the first.
From a copyright perspective, at least here in California, I own the rights to the code. So since he defaulted I can probably take my product back. Plus I doubt he would try to sue me down here when he's in Canada.
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Plus I doubt he would try to sue me down here when he's in Canada.
I'd be very careful about that. If you harm his business - and it can be construed as intentional, he might be very willing to take those steps. The border isn't really all that much of a deterrent.
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zephaneas wrote: I own the rights to the code.
Which means you can use the code. However what you said was...
"I'm considering remoting and removing the DB and click-once"
And that isn't code usage. And unless you have contract that specifically allows you to do that on non-payment then it is very unlikely that you have the right to do that.
Matter of fact, if you do not in fact have a right to do that, then, far as I know, then per the laws of the US doing that can be prosecuted as a criminal case where you are the criminal.
Criminal cases, unlike civil cases, are at the discretion of the state and can hinge on nothing more that whether they have the jurisdiction and can prove it.
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Oh as was said, don't damage their systems. Personally, I'd remove my software if I talked to the client and they refused to pay. Legally speaking, as a contractor, you own it unless you gave up ownership as per the agreement. But don't damage their system. If you let them keep the software and they didn't pay you could always sue them.
But as was said, talk to them directly first. It could just be a communication issue.
Jeremy Falcon
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I've been getting paid for 2 years on a monthly basis. Also, we went from talking at least once a day, sometimes twice, to no contact since the first.
The app is a WPF app run from a click-once off my server. I could remote in, uninstall it, then disable the click-once.
That would get his attention.
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"since the first" - ah, you mean "first of the month"? Good grief, it's only the 12th today!
I've known people who have been nursing a new-year-hangover longer than that! 
Bad command or file name. Bad, bad command! Sit! Stay! Staaaay...
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I'm assuming he's done with the project. If so, send me a check and we'll part ways.
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Note that in Canada check is spelled cheque. This could be the whole basis of the misunderstanding.
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Exactly. If he's getting paid monthly and the checks are still in the mail, it warrants a few phone calls first before going all "I'm gonna busta cap up in this mofo" gangsta on him.
Jeremy Falcon
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You know the situation better than we do man. If you've tried to contact him for almost two weeks with no luck, then I'd say something's up. Just make sure he's not on vacation, etc. Whatever the case, best of luck to you.
Jeremy Falcon
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You have almost nothing to gain by yanking the app without notice like that. Assuming you've had a good working relationship with this company for the last 2 years, there is a good chance that even if this project gets cut off you'll see more work from them in the future. If not, they might at least be willing to give a reference.
How much would it cost you to leave the app up and running for a few months? Would the value of potential new work or a good reference be worth that?
I would at least send an email stating your concern about the lack of contact and your plan to take the application down on a certain date (3/1?). If there is still no response I would recommend putting a splash screen on the application warning the users that the application will cease working on the date listed above. That gets their attention without causing them any real pain and/or panic.
You don't want your first move to be the nuclear option.
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Do not even think of deleting anything from the client system.
I don't know Canadian law, I don't know California law.
But it's very likely that it would be construed as the computer equivalent of criminal damage.
And bear in mind, we only get your side of the story: have you spoken to them? Why not? Two years without communications at all? Not something I'd expect from either side: it may be that they have assumed you are not working on the project at all and gone elsewhere. When did you send them an invoice? What were it's terms?
Talk to them, explain where you are and where you want the pair of you to be and see what they say. You can always sue them for breach of contract when you know what is going on.
Bad command or file name. Bad, bad command! Sit! Stay! Staaaay...
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You misunderstood.
I've been talking to the guy daily for 2 years. Since the first of Jan, I've had no contact. I've sent emails, left voicemails, and talked to others at the company and asked them to have him contact me.... no response.
I KNOW he's in the office, I KNOW he's getting my messages. He just all of a sudden started ignoring me. I think he's probably decided he's done with the project and doesn't want to settle up. I agree with your prior post that it's only the 12th, but I'm seeing him disappear, so I want to nip it at the bud now.
As far a legal, at least here in CA, when you're hired as an independent, YOU own the code. I typically hand over ownership once the project is done and they accept it.
So for now, it's within my rights to deny them the use of the app. I don't really want to, but it would get his attention.
I could put in a "Login Denied. Please contact..." kind of thing.
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If he's ignoring you on purpose and you still own the software, then more power to you. I would at least announce your intentions on his voice mail first to give him some time to think about it. Just make sure it's not said in anger, but more along the lines of genuine concern, and "for safety reasons" blah blah, you'll have to suspend it to make sure non-authed users can't access the system. Has the same effect - forcing a phone call - without sounding like you're trying to retaliate.
Jeremy Falcon
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If he's that far away from you how do you KNOW he's in the office and getting your messages??
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Because I talked to other people who are there.
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Well I agree with the other commenters who are suggesting keeping the communication going. If you are in contact with the company but not the individual it might upset any thoughts of doing something to the software - surely your contract is with the company not an individual within it?
Can't you ask one of the people you are in contact with to give him a "nudge" to return your emails?
Most legal approaches would suggest at least 30 days before an action is taken unless you put something contrary to that in your Terms & Conditions.
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There are legal procedures that have to be followed to repossess stuff. Generally it involves sending a certified letter giving 30 days official notice to "pay or quit", or something similar. You obviously don't know what those procedures are, which means you need to talk to a lawyer before you do something that might land you in jail.
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zephaneas wrote: As far a legal, at least here in CA, when you're hired as an independent, YOU own the code. I typically hand over ownership once the project is done and they accept it....
So for now, it's within my rights to deny them the use of the app. I don't really want to, but it would get his attention.
Do NOT do that. You are COMPLETELY wrong.
The legal analogy is as follows.
If someone agrees to buy your book and does not pay then you have the right to sell the book to someone else. You do NOT have the right to break into their house and take it back.
And the US has specific laws about doing just that which make it a federal crime to do so.
Your copyright only extends to the code itself. Your copy on your computer.
Any other access depends on exactly who 'owns' the computer one which the application is running. And 'own' really is a key term here. For example a cloud device for which the other person is paying the bill is unlikely be 'owned' by you even if you have access.
The only safe ownership in this case is if you own the server yourself (the hardware belongs to you) or all of the contracts for hosting/cloud are in your name and only your name. And even that can depend on contracts between you and them.
Repeating this again - stopping the server can result in CRIMINAL federal charges against you.
Even if you are sure that you own the server then I suggest the following
1. Talk to a lawyer with experience in software law.
2. Insure that you can prove that you tried to contact the person. (Ask the lawyer but at least a registered letter.)
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