Situation: We had a software developed in bulgaria 2 years ago. We paid quite a bit for it, arround 60k euro. The contract includes free bugfixes for life.
The software incudes a billing system, which billed our customers arround 70k euro too less over the last 2y due to a bug in the system which was only spotted last week.
The developers fail to acknowledge that this is a bug. Their tone turned quite arrogant and basically they don't want to deal with it.
Basically I'd love to put on some pressure here, but I can also think of a lot more exciting stuff to do than sueing a bulgarian ltd from germany.
How would you handle the situation?
Can you explain the "bug"?
Some invoices were not generated and therefore some customers simply have not been billed.
If you have the source, get another team on it right away.
In the meantime, legally, have a lawyer pursue the bulgarian team. Barring that, insult their football team.
If you had a contract fully written out, file with the necessary authority that there is a breach of contract.
I doubt you can sue successfully someone in Bulgaria, knowing the law system here.Out of curiosity, which company was the one that developed your software ? Knowing some coders they have pretty poor communication skills so it could be misunderstanding, you could try explaining to them more clearly what is wrong, and exactly what do you need them to do.Just an idea
To be honest I wouldn't waste my time trying to sue someone in Bulgaria, especially from outside of Bulgaria.
I used to run the country strategy practice for a very large technology consulting company (with over 200,000 employees).
Many people are often puzzled at how such firms can charge the rates they do (e.g. charge out rate of $1000 per day for a new employee fresh out of university, chargeout rates of several times that amount for more experienced staff)
Well, one of the reasons why clients hire such firms despite such exorbitant rates is that when projects go pear shaped (as some eventually do), the clients have someone they can sue.
In your case, I am afraid you don't have that luxury. The cost of suing a company in Bulgaria is likely to outweigh any potential amount that you can recover.
As much as it may offend your sensibilities or beliefs in fair play, if you really are interested in moving forward, I would suggest that the most pragmatic way to approach this is to just offer them some more money to fix the bug.
Money talks.