I'm so sorry that my lack of time has caused this to happen for you mate:
I want to vouch for msimonds as an excellent client: for over 12 months I was working for him on his vB projects, and he was always more than reasonable in terms, conditions, payment, project descriptions, etc. We have spent hours on VoIP, Skype, IM and email communicating, and there is no way that you could lose a way to communicate with him if you tried, so I would be leaning twards his side of this argument, and would back him to the hilt.
The only reason why he had to advertise for a coder is because I became unavailable to continue in the development of the project we were working on; the custom CMS is something that I and Dark_Wizard have built, but it is not yet vB 3.5 ready as DW and I have too many other projects on the go to draw out msimonds - so he needed someone to continue some complicated work, and for a very active site as well.
I really hope things get resolved with this guy, that he either returns the money or gets it done - bad outcome so far mate. I hope he hasn't taken off with the code as well, if he is unreliable I would be very sh*@#y if he had also taken off with that code.
Good luck again,
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