Freelance Ethics 11

[Itshim]

Not so long ago I worked as a freelance developer. Several of my projects were through a freelance website like Rent-a-Coder, which is the case with the one I'm referring to in this post.

Anyway, I received an invitation to place a bid on a project. The company which invited me to bid consisted of a local married couple, who were starting a new business. After some negotiations I placed a bid on the project which was about a month's worth of work. Seeing as they were a local start-up I charged $350 for project.

I finished the project on-time and handed over the application. Because they were new to the internet, I went over their house and helped them setup a web server. (This was not part of the contract, but they offered my wife and I dinner for the trouble.) They promptly accepted my work and released the funds to me.

About a week later I received an email that they were having issues with the application. I looked into the problems the same day, and the following day sent them the updates. They said everything looked good and they would contact me if they needed any questions answered. Then I did not hear from them for about a month.

After the month, I received a message which stated they were trying to setup a network with several computers and could not get it working correctly. I offered advice on possible issues they were having, and again did not hear from them for another month.

Now it is the beginning of January and I receive an email on a Saturday, stating they have found two bugs in the application, plus they have a whole list of things they would like changed. I did not respond for two days, an on Monday another email was sent stating that they expected prompt responses and put my work ethic into question.

That same Monday, I explained that I do not check email on weekends, provided them with fixes for both bugs, and suggested that they find another developer to make the changes, because I am now working a full-time time and would not be able to devote my full attention to their project. I also offered to communicate with the new developer to explain the code so work could be completed faster.

Now a week has gone by and I receive a new email that says they cannot use the application because it doesn't work correctly, and they want me to either fix it (including all the changes) or refund their money. If I do not they will go to the website through which they hired me and post negative things about me, try to get the website to force me to refund their money, and if that doesn't work they are going to get the husband's bother (he's a lawyer) to sue me for the money and any losses they incurred because of the application. They also called me immoral, unethical, and accused me of fraud.

I am just stunned. I have remained professional an polite through this whole thing, and now I'm being threatened with a lawsuit? I have kept records of all documkentation and communications, and have proof to back up my claims, but I simply do not know what to do...

 

[EBGreen]

While I don't think that you have done anything unethical, I do think you need to accept some of the blame in the situation. It sounds to me that the expectations for te project were not adequately communicated to the customer.

[red]"... isn't sanity really just a one trick pony anyway?! I mean, all you get is one trick, rational thinking, but when you are good and crazy, oooh, oooh, oooh, the sky is the limit!" - The Tick[/red]

 

[flapeyre]

I think they have a point - they did expect you to support the application you wrote. However, you did offer to bring a new developer up to speed - it's not like you are totally abandoning them. I think the safest thing to do is to get a lawyer to write them cc: their lawyer) explaining the situation. Registered mail, return receipt, etc.

Expensive? Possibly, but it's cheaper than being sued (and losing).

While you have that lawyer on retainer, you might want him or her to draw up a standard contract you can use in the future, spelling out exactly what you will be doing, your availability for support, the client's responsibilities, etc. And don't code a single line until the signed contract is in hand.

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[LFI]

If they e-mailed you that they wanted a refund or you will get negative feedback on rent-a-coder, then I say just cut the check and bid them adieu. In the grand scheme of things, $350 isn't that much. Then, if they're not satisfied, you can show them their e-mail and state that there was never anything in writing that you would support them forever, but there was something in writing for how to settle it. A refund. Then, if they post negative feedback on the website, you can get them for defamation of character since you complied with their request.

'wouldn't you just rather have this behind you and move on?

Dave


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O Time, Strength, Cash, and Patience!

 

[Itshim]

Thank you all for your unbiased views. I knew I was too close to the issue to have an objective viewpoint.

I have contacted rent-a-coder about the issue and found that since they have already rated me (a 10-excellent, by-the-way) and it has been over two months since the project was complete; they cannot post anything about me. Also the only way they can seek arbitration through rent-a-coder is if they accuse me of fraud, which rent-a-coder defines as:

[fraud] means unless they allege the work is unoriginal/copied from someplace else, or the source code was not uploaded.

So the rent-a-coder issue is out of the way, and leaves me with the more important legal issue. Although I do not want to go to court over $350; I do still have a little fight left in me...I went through all their complaints and have referenced them against the requirements document; which was finalized before I bid on the project.

How I read the requirements document (not saying that the law will see it this way) there is one issue with the application in that it does not perform as expected (although I cannot duplicate the problem on my machine). Since I am no longer local to the area, I have offered to work with them to fix the issue.

If this does not resolve the conflict then I guess I will have to get a lawyer to look over the case and proceed that way.

I was actually leaning toward sending the money back and simply being done with the whole thing, but (for better or worse) my wife has convinced me otherwise.

If you care to know how this all turns out I will keep you updated...

 

[LFI]

Please do. I hate jerks. I'm sorry you have to deal with some. It's strange, but it sounds like someone is whispering in their ears, telling them they need to "stand up for their rights" and some such. They don't sound like the same people you had dinner with! Too bad how some things work out.


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O Time, Strength, Cash, and Patience!

 

[MikeLacey]

On the basis of what you've written here Itshim two things are fairly obvious.

1 - These people are taking advantage of you and will continue to do so if they can.

2 - I think that making your commitments to support and to acceptance criteria for future contracts is the lesson to learn from this one.

I would be inclined to suggest that you give them their money back and walk away. You will never make these people happy, they have had a month's work for about a day's pay and they're still not satisfiedd.


Mike

I am not inscrutable.

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[LFI]

If you go that route [refund], I would consider attaching a registered letter to the check with the following message:

"Per the terms of your request (see attached e-mail from you), I am hereby refunding your money and expect the issue to be dropped. Any further attempt on your part to contact me will be regarded as harassment and will be dealt with appropriately."

Pay a lawyer a nominal fee to co-sign it with you.

Of course, it would be nice if everyone were happy, but it sounds like these people will never be. What if you fix their problem now. Will they call again tomorrow?

Dave


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O Time, Strength, Cash, and Patience!

 

[LFI]

Gosh! You can see how angry those jerks are making me! Maybe you don't have to be so harsh. I need to take a walk or something...


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O Time, Strength, Cash, and Patience!

 

[Itshim]

Thank you all again for the advice, I would really like to stand up to these people, but like Dave said:

What if you fix their problem now. Will they call again tomorrow?

One thing I forgot to mention in my original post, was that when they contacted me the first time about the changes; they were willing to pay me to make the changes to the application. (Which to me implies that they understood and accepted that the changes were never part of the original requirements). But when I responded that I was working a full-time job, would not be able to dedicate my time to their project, and suggested that they seek another coder is when this whole thing blew up.

I am hoping that the last offer I sent will kill the issue. Before proceeding with the fix I want a clear declaration from them that this will resolve issue and all matter connected to the issue. I do not see this happening, but I can hope, right?

I need to take a walk or something...

LOL, I actually went and sat on my balcony and smoked a few cigarettes (so much for quitting), just so I could go back to work.

 

[AnotherHiggins]

I'm no lawyer, but it seems to me that the most they could do is take you to small-claims court for the $350. And their brother/lawyer won't be able to advocate for them in that setting.

I see the logic in refunding the money and washing your hands of it, but I understand that it would be very frustrating for you to give in to such ridiculous demands.

I say fight 'em as long as your righteous indignation outweighs your apathy.

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[Itshim]

In their email they said that they would also sue for losses incurred because of the faulty application.

My contention is that the application wasn't faulty until they changed the requirements after the contract was complete and they already paid me.

But even if it was faulty, which it was not:
They had the application in their possession two months prior to the business opening; then they contacted me six days before the opening and said the application needed to be changed. I don't feel I should have to pay for any losses because they decided to wait until the week prior to opening to test the application and ensure it performed up to their standards.

But then again like anotherhiggins said: I'm no lawyer...

 

[LadySlinger]

Did the original code request include anything about support? I can understand including it for the first month, to help work out bugs, but if they placed the program on the network, there should've been an additional fee charged.
With these changes, I would offer it to them for a ridiculous amount of money, i.e. $1000. Maybe they'll get the hint then that you're support is not for free.
I think that people threaten lawyers more than actually sue though. Plus do you know for sure that their brother is a lawyer? It could just be hot air on that one, so that they can get the money back. Or they could just be cheapskates where they're saying that "there's something wrong" when there really isn't anything wrong with the code. So they make up stuff and then demand their money back.

Just my 2 cents tho

 

[LFI]

I had some experience with an a-hole like this once. He went to a lawyer and paid him a small fee to write me a letter. All very official looking and "scary." Instead of fighting what I thought was a sure thing (which would have cost me money to fight), I settled. The lawyer I consulted reminded me that "anyone can sue anyone for anything."

If it's completely frivilous, then there are ways to salvage the situation, but in cases such as this (where everything isn't exactly black-and-white... even though, from the sound of it, you're completely in the right), you can fight it and win, but may not necessarily be able to claim "frivilous." In other words, the court costs you bear will be yours... probably more than $350.

By the time they've pushed it to an actual law suit, I have no doubt they will be requesting more than $350, so the path out of the woods will be longer then.

If you feel compelled to try to get out of this "nicely" once more, do so, but if you visit their house, go with a check and a note in your pocket. Make sure the note says they acknowledge the receipt of a $350 check as a refund for an application they purchased and that the matter is closed. No further claims, etc. will be brought up. At the first sign of trouble, pull out the note, have them BOTH sign and date it, give them the check, and leave.

Good luck! Please let us know how it goes.

Dave


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O Time, Strength, Cash, and Patience!

 

[Itshim]

Did the original code request include anything about support?

No they simply requested an application be built for them. At the time they just had one laptop computer and a couple of old CPUs sitting under a desk in their living room. They wanted the laptop to be the 'main' CPU (because it was the most powerful) then in the future they planned to create a home network with a simple router setup.

I created a web application for them because in the future they wanted to extend the application to take orders on the internet. During development I offered (free of charge, not part of the contract) to go and install Apache/MySQL/PHP on the laptop, which was done prior to them receiving the application.

I understand that if this actually goes to court it is going to cost me more than the application, but I'm standing on principals now, which is always a bad place to be (I guess).

I think I maybe ranting but...
On Rent-A-Coder (RAC) they have a grace period from the time I upload the application and mark the project complete to when they pay me. During this period they are supposed to test the application an ensure it meets their standards. If it does not they can refuse to pay, pay a percent of the original bid, or allow me time to fix the code so I will be able to receive all of the funds.

In the contract with RAC it warns them not to release funds until the application has been completely tested and states that testing is their responsibility. In my message to them when I uploaded the application, I explicitly told them they didn't have to pay me at this time, they could test the application and when satisfied release the funds. Also in the email RAC sends them when I marked the project complete it tells them TWICE to download the application, test it and release funds when satisfied.

But I digress...

 

[LFI]

Well, when you're done being Mr. Nice Guy, get a lawyer to co-sign a letter stating all of these things (basically that payment from them MEANS that your relationship is done) and that any suit brought forth will be met with a counter-suit for court costs, lost-time at work, and other damages. Any further contact (other than a one-time message to indicate your agreement) will be regarded as harassment and will be met with a law suit. Include your regrets that what started out nicely has come to this. Send certified. Do NOT refund their money. In fact (I'm getting riled up again!), include a bill for ANOTHER $350 for lawyer's fees incurred so far and threaten to take them to court if they don't pay!

I need to take another walk...

Dave


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O Time, Strength, Cash, and Patience!

 

[mattKnight]

If you do refund the, are you entitled to demand return of the software? If you are, I'd consider doing so!

Take Care

Matt
If at first you don't succeed, skydiving is not for you.

 

[sleipnir214]

demand return of the software?

It would seem only fair to me.

And after all, their claim is that the software is no good anyway...

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TANSTAAFL!!

 

[zeitghost]

I take it that you have no professional indemnity insurance?

 

[lionelhill]

If it's any consolation, reading behind the lines, I suspect their business is no good anyway, and they sound pretty incompetent.

Firstly, if they were economically sensible they'd be spending their energies sorting out the problem, not hassling an ex-contractor for $350.

Secondly, what's all this "If you don't do what I say my big brother will come and beat you up" stuff with the lawyer-brother?? It sounds like playground childish threats. The genuine approach to applying pressure is to get brother-lawyer to write a nice aggressive lawyer-letter, signed as though he were a huge city lawyer they'd retained to squash people like you, not an obliging family relative.