Judge Andrew Tarantino Jr.
Giumenta Corp. sued for breach of contract against Desktop Solutions Software (DSS) arguing DSS was to develop a working website, but it was never functional. DSS counterclaimed demanding damages, but the counterclaim was dismissed as it was preempted by federal statute. Giumenta alleged it requested DSS build a new website for its company, including a request for quote module to allow prospective customers to provide job specs for Giumenta to respond with pricing. After nearly 20 months of work, the site was never functional, and Giumenta hired someone else to provide a working website. Giumenta's expert witness concluded DSS' web-design for Giumenta was not custom-created, but pre-built which DSS attempted to modify to Giumenta's needs. The court noted there was no doubt DSS invested work hours in the development of the site, yet found it did not function sufficiently to be considered ready to go live. It rejected DSS' argument it substantially performed its part of the bargain, ruling Giumenta proved it was damaged by the non-functioning site. Also, while DSS proved the first three elements of a quantum meruit claim, it failed to establish the reasonable value of its services.
