I have recently started a web business wereby I provide an online resouce for the community I live it. We encourage membership to the site which is free. We make money through web advertising and by providing businesses in the area with a detailed listing on our site and access to a content management system, where they are able to manage their own content as well as post sales and promotions and participate in email marketing to our members. I have over 15 years of Marketing experience but very little experience in website development.

We have sourced a very talent web developer who so far has done a fantastic job with the site. My problem is my developer is begining to miss deadlines and has become aloof and difficult to pin down. To date the project is over 50% complete and I have paid my developer a substantial amount of money for his efforts so far, however, I don't have the source or FTP access to the site, which by the way is currently residing on his dedicated server. Since starting this venture I have learned a lot about web development, however I remain unsure about the process. I feel as if my developer has too much control over my property at this time and I am trying to discern what I should be asking for, hence my post for advice. I have asked him for both the source code as well as FTP access. He will only provide either one or the other, but not both as he says keeping one is his "insurance". However to date I have paid him for all work completed so far.

Can someone tell me, is this a common position that developers take? What actions should I take to protect my business?

Many Thanks,
rainmaker