Hi Kevin,
I'm thinking of how to protect ourselves for future jobs. I believe we could become victims of scope creep... where the client keeps making changes. I've been thinking a lot about what has been going on as far as the client have been doing to us. We've been running around the maypole, so to speak as he keeps making changes as we go along. An email is a legal contract until another email comes along and supersedes that one. If you refuse the other emails and hold him to the first email.. that's one thing, but this client has been changing as he goes along, and you have accepted that, so the original email or contract can't really be enforced.
I'm thinking of how to protect ourselves for future jobs. I believe we could become victims of scope creep... where the client keeps making changes. I've been thinking a lot about what has been going on as far as the client have been doing to us. We've been running around the maypole, so to speak as he keeps making changes as we go along. An email is a legal contract until another email comes along and supersedes that one. If you refuse the other emails and hold him to the first email.. that's one thing, but this client has been changing as he goes along, and you have accepted that, so the original email or contract can't really be enforced.
I have an idea that might change some of that. Maybe you could put together a sort of template of things that you need to know before starting a job, and have the client fill it out. Anything outside of that template would be outside of the original scope of the contract. This template would serve as a binding contract, and would be less formal than a real legal contract. This would prevent the client from trying to wriggle out of an existing 'email contract' to make changes or get a discount or not pay at all due to some change he/she made in an email.
I was going to send this in an email, but then thought you would probably want it here instead.
Good idea!
ReplyDeletePetal
this is exactly what Trish does
ReplyDeleteI think it would protect the writers and the spinners here.. and also protect you Kevin. As it is the clients could keep making changes and we would always be doing something to please them and they would always hold up our pay.
ReplyDeleteI love the term "scope creep" That's exactly what happened here. The problem with "enforcing" a contract is that all work and payment, and also future work stops...until it is all battled out. I hate to say it, but it looks like it is almost at the "battle" stage with Billy, and he keeps asking for us to do more work. With this deal, it won't go to court or anything, but will involve Billy's boss. He'll see the "scope creep" but, that is only going to get Billy in trouble. He seems like a nice guy, and he did offer to pay for the misunderstandings with his own money, but wow, what a mess he's in, and has got us in too. Thank you everyone for your patience. I am heart sick about this. It's so dissappointing. We had everything set up to bang out tons of work, he has the work, plus I have other clients, but I'm shy about going deeper in.
ReplyDeleteI LOVE the template idea! We will definitely do it going forward. I'm at a McDonalds...Irene knocked out water, power, Internet where I live. Thanks for holding down the fort. Sally, could you send Billy the latest articles you have done? Also, could you try to get the forklift one done? I'm going to give him a call, and see what's up. Thanks everyone! I'll make sure you all get paid no matter what. I'll just need some time if it is going to come out of my own pocket.
This is a fairly common problem in the construction biz. I've seen my brother-in-law get quite discouraged by customers that kept changing their plans in the middle of a project and then balked at the idea that it might cost more. Business is business and up front contracts with clear guidelines are a must. Can't do business without them. That doesn't mean being cold and impersonal. On the contrary, anyone serious about doing business with us should appreciate a clear contract they can count on.
ReplyDeleteKevin - Good to hear from you. I was concerned as to how you weathered the storm. Hope all is well and good luck with the "negotiations".