We are a small custom software company in Florida and we have a client in New York that is far past 90 days due for a large sum of money (exceeding 80k). We stopped work after a month of no payments, and several "payment is coming Monday" emails. We have the code, but we did not deliver it due to lack of payment. Will this hinder any lawsuit efforts?
Answer
The devil is in the detail, and the detail is in your agreement. One would need to review it. However, it is reasonable to assume that this NY company has breached its contract with your company and you would not be under any obligation to give the code until it lives up to the agreement. But you need to have a lawyer look at the agreement.
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