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by tomp 4314 days ago
Depends what the contract is for. If it's for "programming", then you have to pay, no matter what program you receive. However, if it's for "complete and functional product", then unless they produce that, you don't need to pay. Like in a restaurant, if you order pizza, and get steak, why would you pay?
3 comments

> If it's for "programming", then you have to pay, no matter what program you receive.

Even that would vary considerably depending on the exact contract terms – most of the pure-hourly contracts I've seen had some thought towards standards & quality, client acceptance, etc. Lawyers make a ton of money arguing over the finer points of contracts and given that both parties involved are discussing this in public I'd question whether they had a good lawyer writing the contract given that they appear not to have one now.

If you eat the steak you have to pay. Even "complete and functional product" is unlikely wording as very open to interpretation. Quite likely the contract is vague, people often do not lock these things down well at the start.
But if the steak comes, even if you say to a friend "this steak looks lovely" (eg using alpha for a product briefing with investors) and when you cut in to it it's raw or has a cyst or something then you send it back, you don't pay for it then. That's the implied contract at work.

What's the implied contract here? Well we shouldn't need to ask, there should be an actual contract to refer to.

They're claiming they didn't eat the steak but went and cooked a new pizza.
It's impossible to say without the specifics of the contract but there are some standard practices that can be assumed. If the contract is for a product, as opposed to time spent, for a product there are usually defined acceptance criteria. A large product will have milestones with their own deliverables and acceptance criteria. Once the customer accepts the deliverable it's considered done and the developer should be paid for that deliverable. If the customer later regrets that choice that's too bad. The customer can usually exit the contract at any point although the contract might specify a penalty for this.