Re: Good Guys, Bad Guys

[Alexia Prendergast <alexiap -at- SEAGATESOFTWARE -dot- COM>]

As someone who has been a contractor and hires contractors,
I'd feel more comfortable with the "delivery upon payment"
approach rather than the "pay up front" approach -- probably
because there have been a few occasions where I have not
gotten the quality of work I expected from my contractor.
However, waiting to tell the contractor until later is a
bunch of bull. I agree with "Hire a good lawyer." Any
dissatisfaction should be discussed up front, preferably
before the deliverable is due. Claiming dissatisfaction
months later is a classic "we don't want to cough up the
cash" maneuver.

Spell this stuff out in your contracts -- what the deliverable
is, when it's due, whether or not payment is due in net30, etc.
It's the best protection for both the contractor and the client.

Alexia
--
Alexia Prendergast
Senior Technical Writer
Seagate Software
alexiap -at- sems -dot- com

>----------
>From:  Don Smith[SMTP:dsmith -at- ACCESSBEYOND -dot- COM]
>Sent:  Monday, May 05, 1997 4:27 PM
>To:    TECHWR-L -at- LISTSERV -dot- OKSTATE -dot- EDU
>Subject:       Re: Good Guys, Bad Guys
>
>     Dennis wrote:
>
>     (snip)
>     "Finally, anyone that tells you that your work was unsatisfactory,
>     weeks or months after the contract has been completed, is blowing
>     smoke. If your work was truly unsatisfactory, you would have known
>     about it during the contract or immediately upon submission. This
>     objection is a common method for shifting the blame to you. That
>     they're unable to accept the responsibility to pay for the goods is
>     near robbery. Hire a good lawyer."
>
>     While I have not contracted writing (O.K., I did do a couple of small
>     jobs off site for someone), so I don't really know about this, but I
>     wonder: Is it possible to give the client a copy of your finished work
>     (document), but not release the document in software form to them
>     until you are paid? This does not seem unreasonable to me. They have a
>     copy of the finished document to analyze, but they can only make Xerox
>     copies. If you were concerned that they would send your copy to a
>     printer, you could put your name across the top of each page near the
>     first line of text.
>
>     Am I way off base here for some reason? I hope to become a contractor
>     too, one of these days. (I had better hurry, or I'm going to die
>     first!)
>
>     Don Smith
>
>
>
>______________________________ Reply Separator
>_________________________________
>Subject: Good Guys, Bad Guys
>Author:  dhays -at- NOVALIS -dot- COM at INTERNET
>Date:    5/5/97 4:41 PM
>
>
>In all of the years I've been contracting, I've realized one thing. Those
>companies that call me in at the last minute for a "rush" job are, for the
>most part, the same companies I've had financial problems with. So, I have
>a policy (and I'm strict about it)--One half the estimated amount up front
>and a signed agreement. This usually separates the those who will pay from
>those that have no or little intention to pay.
>
>It's difficult to adhere to this if there's wolves at the door and the kids
>are crying for fresh milk. But, in the long run, those that pay have no
>problems with signing an agreement and paying 1/3 to 1/2 up front. Those
>that object are the same companies that slow pay/no pay later. While this
>might sound like generalizations, in 20 plus years I can count the
>deviations on one hand.
>
>In my earlier years, I've taken jobs where the client needed the work
>"yesterday," and my pay came tomorrow. Whenever someone told me their client
>hadn't paid them yet, I said my invoice isn't tied to your receiveables. I
>have an agreement with you, not your client. I spent more work as a
>collections agent for my own money and felt the frustrations of being put
>off. So, I made a contract with myself. Unless I know the company (have done
>business before with them), have them sign the paper and a check first.
>
>Finally, anyone that tells you that your work was unsatisfactory, weeks or
>months after the contract has been completed, is blowing smoke. If your
>work was truly unsatisfactory, you would have known about it during the
>contract or immediately upon submission. This objection is a common method
>for shifting the blame to you. That they're unable to accept the
>responsibility to pay for the goods is near robbery. Hire a good lawyer.
>
>Dennis
>Dennis Hays
>Novalis Corporation
>Telephone: 518/862-3465
>eMail: dhays -at- novalis -dot- com
>-------------------------------
>To possess ideas is to gather flowers; to
>think, is to weave them into garlands.
>     --Anon.
>-------------------------------
>I speak only for myself.
>
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