[consulting] Failed Outsourcing Job

[Fred Jones]

A question of legality and ethics: I hired an outsourcer (from
freelancer.com) to make a D7 theme. The deal was crystal clear that he
has until the deadline to finish it 100% or I pay nothing and he
agreed to that.

He has done about 80-85% of it but no more than that. So I will not
pay him and that's that.

But he put in download links on the Appearance page and so I
downloaded his work and I have it. I could now finish it myself and
hire another person to finish it and pay them $100 instead of the $500
that he was supposed to get.

Question is should I just take it and run because we never clarified
who owns anything and he *did* make it downloadable. Or perhaps I
should tell him that I will pay him $100 and take his code and if he
accepts, then OK.

I don't want to continue with him because he clearly can not finish
the job--he keeps asking me to review it and the dropdown menus are
wrong each time plus 30 other details that he just can't get right.

Thanks for any thoughts.

Fred