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...

 

[Itshim]

I take it that you have no professional indemnity insurance?

No. I was just using Rent-A-Coder to get small side jobs for a little extra money and foolishly never thought anything like this would happen.

The email they sent threatening me with a lawsuit was also CC'd to their lawyer/brother, which I guess was suppose to add legitimacy to the threat. I was just shocked they would CC the brother because the entire email was written in Times New-Roman, 14, red (normally they use Comic Sans), with most of it in caps. I would estimate a quarter of it was actually about the issues they were having, and the rest of it was used to completely flame me personally. It was real professional

For an update on where this issue stands as of now:
Wednesday I responded to their email; with an email detailing the entire progress from them accepting my bid, to finishing the project and them signing off and releasing 100% of the funds, I also mentioned all the support I offered after the project was complete (advice in setting up their network, yada, yada). I also included parts of the Buyers contract they entered into with Rent-A-Coder, and quotes from them where they say they are happy with the product and thanked me for all my help.

So far I have heard nothing, so I figure they are either sending me a registered letter about their next move, or have decided that it simply isn't worth the trouble.

 

[Itshim]

Well, I think this ordeal is finally at an end...

This past weekend I received another email full of additional personal attacks and another demand for a full refund of fees, or they will seek arbitration. I'm guessing that they were referring to arbitration through RAC, becuase the email never mentioned a lawsuit and was not CC'ed to their 'attorney'.

I politely responded that I would not grant them a full refund, and requested that they stop all communication, unless they have filed a lawsuit, or seek arbitration through RAC. (Which I know is not possible since I have already contacted RAC).

Today, I received what I believe to be their final conrrespondence. They had a few more choice words for me and ended it with 'Good Riddance'.

I have declined to email them back, although...dam there are a few things I would really like to say to them...

 

[chiph]

It's probably best to ignore them from this point.

BTW, you are keeping hardcopies of their correspondence, right?

Chip H.


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[AnotherHiggins]

I agree with chiph.

Question: Did you ask them to return the software?

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[Itshim]

Yes I have a hard copy of all communication starting with my first response to their bid request, all the way to this final email.

I also have a copy of the original code I sent them when I marked the project complete. I'm sure my copy of the code is not admissible in court, since I could have altered it after the fact, but RAC also has a copy. I'm not sure when RAC purges their copies, but they still have projects that I completed several years ago. So I think I'm covered...

No, I did not request that they return the software because I did not refund their money so I figure they should get to keep it, and use it if they choose. Now if they do actually sue me then that will be part of my counter-suit.

 

[LFI]

Not a very pleasant way to end things, I'm sure, but hopefully that is that. Good for you for taking a stand!

Dave


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O Time, Strength, Cash, and Patience!

 

[AnotherHiggins]

->I politely responded that I would not grant them a full refund

I completely read over the word "not" in that sentence. Well, that changes things considerably.

Good for you!

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[sleipnir214]

Itshim:
Now for the follow-up questions:

Would you take another job through Rent-A-Coder?
What would you advise anyone who in future takes a similar type of job, regardless of the agency which arranges it?

Want the best answers? Ask the best questions!

TANSTAAFL!!

 

[Dollie]

It seems to me that once the application is developed and payment is made, if significant changes to the application are required, that would initiate a new job. Support should only be done for the original work to take care of bugs and other critters. If bells and whistles are needed, the bells and whistles should be billable.

I'm glad to see that you're at the end of this scenario and hope that future work is easier on you!

 

[Itshim]

Would you take another job through Rent-A-Coder?

I have completed several (small) projects through Rent-A-Coder (RAC) and this is the first time anything like this has happened. During all other projects buyers were friendly and professional, the projects went smoothly and I have made several good contacts for reoccurring work. Because of this I would have to say yes, I would take another job through RAC.

Since this incident has occurred I will now change the way I go about dealing with potential clients (in this medium), but I do not blame RAC for the situation I found myself in. When I contacted them, they were able to definitively answer all my questions within 24 hours, and protected my ‘reputation’ from a vengeful client.

When a buyer (client) places a bid request on the RAC site, they enter into a contract with RAC (actually Exhedra, RAC’s parent company). This contract explicitly states the buyer’s obligations throughout the entire process. Although this contract does not protect the seller (coder), it does provide good documentation in-case a dispute arises.

What would you advise anyone who in future takes a similar type of job, regardless of the agency which arranges it?

I would tell others to have a separate contact which the buyer agrees to, explicitly stating your current obligations, and any future obligations (such as support). This will protect the coder once the project is complete and the buyer has accepted the work. To achieve this there also needs to be an associated requirements document.

Having said this, I understand that this is not feasible in all situations, especially on small jobs for bug fixes or slight modifications to existing programs. In a case such as this I strongly urge the coder to, post exactly what tasks they will be performing and allow the buyer to accept the bid based on those tasks.

Keep documentation of ALL communications between yourself and the buyer, even if it seems trivial at the time. For example; I received a one sentence email stating: ‘Thanks dude, everything looks great.’ Because I had the correspondences leading up to this email I had documentation that the buyer was happy with the finished product, after a review period.

Probably the most important advice I can give is to watch for clues that there could be problems. Other than the separate contract, I followed all the suggestions I have given except this one, and have been kicking myself ever since. I will use my situation as an example of things to watch out for:

The buyer posted a project for an application, and gave a brief overview of what he wanted. I then responded with information and suggestions about how I would complete the project. I was then contacted privately to provide more information on my ideas. This is when I drew up a requirements document which started a lengthy discussion about the tasks the application would need to perform. During this time I remember complaining to my wife that the client did not understand the documentation, would change things on the fly, and assume I knew what data needed to be collected on certain interfaces. I continued to work with the client, because “they were nice people” and figured once the requirements document was finished the hardest part was over and everything would proceed smoothly. Finally, when I thought everything had been settled I placed a bid on the project.

My first clue should have been the generic project description. If a buyer cannot explain what they want or expect in the bid request, then stay away. It will be extremely difficult for the coder to complete the project as envisioned by the buyer.

If during the requirements gathering period, the buyer changes requirements which (you thought) had been settled; or the buyer is confused by documentation, stay away. This is a tell-tale sign that the buyer either has not completely thought through the project, or is unable to clearly communicate the expectations.

And finally always go with your gut feeling!!! Through out the process which occurred before placing a bid on the project I knew that it was going to be difficult to work with a buyer who was unsure of what they wanted. I remember asking myself if I really wanted to work with this buyer, but I figured –once the requirements document was finished the hardest part was over. I could not have been more wrong.

In conclusion always remember problems can arise at any time, and because of this always make sure you are prepared to deal with the them.


This completes my suggestions on working with clients in a Rent-A-Coder type situation, please feel free to add any other suggestions.

 

[Thadeus]

Well done Itshim! A star for you for providing us all with a valuable case study. There are so many threads at Tek-Tips that start with a great question and are followed by wonderful suggestions and advice, never to have the original poster respond or provide info on the resolution... You did a great job of staying engaged with the TT community in a useful manner that should help others in their business dealings.

Thanks.
~Thadeus

 

[sleipnir214]

I couldn't agree more. Another star for Itshim.

Want the best answers? Ask the best questions!

TANSTAAFL!!

 

[Stretchwickster]

Thanks for sharing your experience Itshim!

Clive

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"To err is human, but to really foul things up you need a computer." (Paul Ehrlich)
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[SQLBill]

Disclaimer: I am not a lawyer, not related to one, don't play one on TV.

While you never agreed to provide support, you did IMPLY that you would provide FREE support. How did that happen? By you setting up their server and providing updates (free) every time they asked.

You never provided an 'end time' for the free support. Nor did you state what all would be included in the 'free support'. So far, you showed it included setting up a server and providing updates.

One thing I would do is 'safely' store a copy of the original code, and any updates. That way if anything further does happen, you can prove if THEY tampered with your code.

Again, I'm not a lawyer, but even with all the above I think you would have a case. You provided what you were asked for AND when you were unable to continue the free support, you offered to bring another 'developer' up to speed for them.

-SQLBill

Posting advice: FAQ481-4875