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Awarded to Contractor by Mistake

I recently awarded a Job to a Freelancer, however, 24 hours later there has been virtually zero communication from his end. Needless to say, I'm having second thoughts about this Freelancer.

 

I would like to cancel the contract with him, and award the job to a different freelancer who applied to the same job. What steps do I need to take?

 

Do I need to cancel this job completely, wait for a refund that I paid to escrow, then open a completely new job with the same requirements?

ACCEPTED SOLUTION


@Paul S wrote:

Hi sorry for the confusion.  Is closing the Contract the ONLY way to resolve this?

 

If I cancel this job completely, I would need to wait for a refund that I paid to escrow correct?

 

Then once that is done, open a completely new job with the same requirements- right?


 You will ONLY get a refund of the Escrow funds if the freelancer agrees, or after 7 days if the freelancer does not react. If the freelancer disputes it gets messy and drawn out!


You have entered a legally binding contract to pay $ X for work specified. You have to give the freelancer TIME to do the work specified, and not everyone works at weekends.

 

Unless you have specified that you need a response within 24 hours for all you know the freelancer may already be working on this.

 

There is nothing stopping you hiring an ADDITIONAL freelancer and only carrying on with the one who did the best work.

 

It **IS** Saturday and really 24 hours, at the weekend, is a bit short to be talking about cancelling a contract for non-response.

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33 REPLIES 33
yitwail
Member

Paul, it depends a bit on how pressed for time you are, but how about first messaging the freelancer and let him know you're considering going with someone else, in case there are extenuating circumstances?

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce

Hi I have done that.  And I will give him a little more time.

 

I just really would like to know what the process is.

it's the weekend are you serious? LOL

Yes? He accepted the proposal DURING the weekend, and at night even.

 


@Paul S wrote:

Hi I have done that.  And I will give him a little more time.

 

I just really would like to know what the process is.


 Did the freelancer KNOW that you expected something in the past "nearly 24 hours?"

 

Is there a pressing deadline that was clearly agreed by the freelancer AND is now in jeopardy?

 

Freelancers usually have several clients, have to organise and arrange their time, and even freelancers sleep, have a life, and have weekends.....

I kind of expected some acknowledgement, I did not expect the final deliverable in 24 hours. 

But perhaps knowing that he is able to connect with FTP with the credentials that I gave to him.

 

Considering that the other 3 proposals indicated that they could start immediately.  I just don't feel any sense of interest from this Contractor, so I asked what would be the steps to get out of the contract

IF I needed to do that.

 

It would be helpful if anyone had an answer to that question.


@Paul S wrote:

I kind of expected some acknowledgement, I did not expect the final deliverable in 24 hours. 

But perhaps knowing that he is able to connect with FTP with the credentials that I gave to him.

 

Considering that the other 3 proposals indicated that they could start immediately.  I just don't feel any sense of interest from this Contractor, so I asked what would be the steps to get out of the contract

IF I needed to do that.

 

It would be helpful if anyone had an answer to that question.


Just close the contract.

 

Is that, specifically, what you need help doing?

Hi sorry for the confusion.  Is closing the Contract the ONLY way to resolve this?

 

If I cancel this job completely, I would need to wait for a refund that I paid to escrow correct?

 

Then once that is done, open a completely new job with the same requirements- right?

If the deadline hasn't passed and you closed the contract on me, I'd make sure you paid in some way.

 

Chill out. God. The people who say they can start right away are really not the people you want anyway.


@Jennifer M wrote:

 

The people who say they can start right away are really not the people you want anyway.


 Jennifer makes a good point here. That's not to say you should never hire someone who has a lot of availability, but it is perhaps wise to question why a qualified freelancer would be able to "start right away". Though some people experience gaps from time to time and everyone is new at some point, most successful freelancers will have other work in progress when you connect with them.

How has he ripped you off? There is escrow.

 

Getting all female doggy about a freelancer that hasn't responded on a Saturday/weekend is stupid. You're the one that chose him, so it's on you pal.

 

 


@Paul S wrote:

Hi Jennifer- You're still a funny lady! 

You must get off telling people what you think on this forum, because you made thousands of posts and you think you know so much.  Perhaps you can't get attention anywhere else.

 

The Freelancer still hasn't responded, and the deadline past YESTERDAY.  What do you say now Jennifer?

 

Do you always condone Freelancers ripping off Clients?


 I know you're talking to Jenn M but - why so insistent with the "I told you so, I was right, you were wrong!" posts? Especially when...

 


@Paul S wrote:

I had a sixth sense.  Most of the time these guys are eager to work, and I could just tell something was off.

 

Apparently I didn't pay enough attention this time, because one of his reviews indicated that he isn't even a programmer.  His last review was from last summer.  It turns out, he is actually a facilitator for other developers/programmers.  They probably all moved-on for the lack of work, and he thought he could do the job himself. 

 

It wasn't even expensive, but the job was a small html, css, jquery fix for an image box. 

 

I met this Freelancer from a previous job posting when he applied but wasn't hired.  I brought up the fact that I have another job coming up, which involves the membership api, which is fairly substancial. And he kept hitting me up on skype about that job, every couple of days for weeks, even though I haven't worked out the design or wire frame.   He couldn't convey what his approach to the job would be for that job, which made me question his skills even then.

 

 


 If you had so many doubts why did you hire them?

 

Like Jenn M said, if they haven't delivered anything before the due date you communicated to them (you did clearly communicate a due date, right?), then you're free to cancel the contract, which result in a refund from escrow request the freelancer has 7 days (I think) to review.


@Paul S wrote:

 

If I cancel this job completely, I would need to wait for a refund that I paid to escrow correct?

 


 You don't *have* to wait for a refund. The refund will come your way on Upwork's schedule, assuming the freelancer doesn't dispute this, as Petra pointed out after me. And the freelancer *may* dispute, because you're still able to leave him private feedback after cancelling the job, and he has reason to think it will not be good private feedback. Nonetheless, nothing keeps you from going ahead and creating another job, and inviting those other freelancers who applied to your original job. 

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce


@Paul S wrote:

Hi sorry for the confusion.  Is closing the Contract the ONLY way to resolve this?

 

If I cancel this job completely, I would need to wait for a refund that I paid to escrow correct?

 

Then once that is done, open a completely new job with the same requirements- right?


 You will ONLY get a refund of the Escrow funds if the freelancer agrees, or after 7 days if the freelancer does not react. If the freelancer disputes it gets messy and drawn out!


You have entered a legally binding contract to pay $ X for work specified. You have to give the freelancer TIME to do the work specified, and not everyone works at weekends.

 

Unless you have specified that you need a response within 24 hours for all you know the freelancer may already be working on this.

 

There is nothing stopping you hiring an ADDITIONAL freelancer and only carrying on with the one who did the best work.

 

It **IS** Saturday and really 24 hours, at the weekend, is a bit short to be talking about cancelling a contract for non-response.

Just an example of someone you want to avoid.

 

"Nearly 24 hours" means the contract was agreed on Friday afternoon for some people... Saturday for others. It's the weekend and this guy is all OMG WHERE IS MY FREELANCER

 

**Edited for Community Guidelines** Unless there was an agreement for hte weekend, I hope the freelancer fights for some of the money. 

ahaha funny lady- Did I sayy I did not want to pay this freelancer.  Did I sayy I was freaking OUT "where is my freelancer" ?

 

My question was straightforward about 'what is the process'  and nothing more.

If you have a sense of urgency, it sounds like this contractor may not be right for you. But, it also sounds like you're reading in a lot about the contractor's level of interest. Often, the most efficient contractors block out time to work on a project based on the deadline, and don't tend to engage in unnecessary interaction. 

 

I'm not saying you shouldn't switch contractors if you're uncomfortable, but nothing you have related here is in any way a measure of what you can expect from the contractor in terms of quality or on-time delivery.

If you have a tight deadline, why did you hire only one freelancer?

 

The tighter and more important the deadline, the more freelancers you should hire.

 

Don't you understand contingency planning?

Well I didn't know that I could hire more than 1 contractor. 

You can hire 20 freelancers, as long as you pay them for their work!


@Paul S wrote:

Well I didn't know that I could hire more than 1 contractor. 


 

It would appear that "paying" is somewhat of an issue here on Upwork.

 

Again just to recap- never once did I indicate that I did not want to "pay" a freelancer.  And I appreciate the suggestion made by "super user" Jennifer.  But I guess some users enjoyed her comment.

 

I just wanted to find out what the options are, if IN FACT I needed to go that route- AGAIN not that I would do that.

HOly ..... But thanks for your help!


@Paul S wrote:

It would appear that "paying" is somewhat of an issue here on Upwork.

 

Again just to recap- never once did I indicate that I did not want to "pay" a freelancer.  And I appreciate the suggestion made by "super user" Jennifer.  But I guess some users enjoyed her comment.

 

I just wanted to find out what the options are, if IN FACT I needed to go that route- AGAIN not that I would do that.

 

Sorry, but no you did not say, if IN FACT, what you said, was " however, 24 hours later there has been virtually zero communication from his end. Needless to say, I'm having second thoughts about this Freelancer. I would like to cancel the contract with him,"

 

If you had a deadline that you needed to hear back from "any" freelancer concerning your job, or if you needed your job completed by a tight deadline you should have specified that in your job description, contract and interview phase. I don't know about other freelancers, but I don't sit at my disk 12 hours straight. I go shopping, I have personal business, I run errands, company comes, I visit my family etc. 

For all you know, this freelancer may be working on your job and either has no questions for you, or doesn't need any additional information at this point.

 

If you have a strict deadline and you want to cancel the contract, - if this freelancer has done some work, then you need to pay for that. And that's why we all are saying that. If that's the case, and you close the contract the freelancer will probaby dispute that, And you really don't want to go that route.

HOly ..... But thanks for your help!


 

Thank you for your insight.  I will hope for the best!

@ Petra:  How many kudos can I give you for this? lol

The client should also consider the possibility that the freelancer is observing his sabbath, although in that case I suppose he could have informed the client of this.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
millermelanie
Member

Dude, unless I am on a 24 hour turnaround deadline, I wouldn't be talking to the client, either, unless I had a question about the job.  He'll hear from me when I'm done and I submit my work.  If I found out the client was pissing and moaning and threatening to end the contract within 24 hours of awarding it, and the product wasn't even due yet, I'd probably end it myself, refund his money, and block him from ever contacting me again!  You do not own the contractor; nor are you his/her only client!  Plus, it's the freakin' weekend!  If a client wants me at  his beck and call 24/7, he'd better be paying me some top shelf bucks plus bonuses!  Rant over.

cupidmedia
Member

Paul, to answer your original question:

 

If you closed the job when you hired that freelancer, you'll have to repost it which will create a new, identical job (there's a link you can click when you view the job post). You can then either invite the other freelancers you were considering before, or just leave it for new applicants. If the job post is still open, you should be able to just hire an additional freelancer on that job. In either case, if this really is urgent, you would have to fund the job again before you get the refund back because refunds take time.

 

The freelancers who replied to you did raise good points about communication, though. I'm assuming this was a fixed price job (because you mentioned escrow) - when you set the milestone, did you set a due date? Has that date passed? If you set a due date for say, a week away, the freelancer may have blocked out time for you later, because you didn't clearly communicate the urgency of the project.

 

While you're never under any obligation to continue working with a freelancer you're not happy with, you'll always get better results if you communicate your expectations with potential freelancers clearly - preferably in the job post, but definitely in the offer. If you have a deadline, make sure that's clearly communicated to the freelancer. If you expect daily updates on their progress, make sure that's communicated also.

 

For fixed price jobs especially (but hourly jobs too, although they sometimes do have different circumstances), you are not purchasing exclusive access to your chosen freelancer's time. When they work is up to them. As long as they meet the deadline you set them, it shouldn't matter if they spend their weekend surfing or something, unless you've *clearly* indicated a different expectation.

Thank you for your help with this.

 

The Freelancer made it appear via Skype that he was ready to start the job right away. In fact, he's been pressuring me for months to hire him for a project.  This wasn't stipulated in the Requirements however.  I guess I was a little perturbed when I got nothing but silence the moment I awarded the job to him.

Monday has come and gone in India, and still no word from my Freelancer.

 

Looks like my intuition was right ha Jennifer?


@Paul S wrote:

Monday has come and gone in India, and still no word from my Freelancer.

 


It sounds like you should close this contract, get a refund and leave appropriate private feedback. The feedback will not show on the freelancer's profile since no money would be paid, but it would affect the freelancer's "Job Success Score." 

 

In general, most successful freelancers will communicate but may not immediately communicate on the weekend. Most plan out their work a week in advance or so (unless agreed otherwise). I am always surprised when I read about freelancers who accept a contract then disappear. As a freelancer, I am well aware I only am paid if I do the work. Also, it is easier to keep a client happy than to find a brand new client. So I want the repeat business from any good clients I find. I think most of the freelancers who responded are similar in those ways. 

 

Was your freelancer very inexpensive? It seems like the cheaper freelancers are most likely to do this. They accept a very low paying job because they need the work, but if something better paying comes along, they may disappear. Also, they are generally (not always) more likely to take on projects they are not ready for (skill wise) and disappear once they realize they do not have the skills. I think this is less likely if you choose freelancers who charge a professional rate and who have a good job success score (remember things like your situation can count against a freelancer's job success score even though it does not show on their profile).  Of course, everyone is new at some point. 

I had a sixth sense.  Most of the time these guys are eager to work, and I could just tell something was off.

 

Apparently I didn't pay enough attention this time, because one of his reviews indicated that he isn't even a programmer.  His last review was from last summer.  It turns out, he is actually a facilitator for other developers/programmers.  They probably all moved-on for the lack of work, and he thought he could do the job himself. 

 

It wasn't even expensive, but the job was a small html, css, jquery fix for an image box. 

 

I met this Freelancer from a previous job posting when he applied but wasn't hired.  I brought up the fact that I have another job coming up, which involves the membership api, which is fairly substancial. And he kept hitting me up on skype about that job, every couple of days for weeks, even though I haven't worked out the design or wire frame.   He couldn't convey what his approach to the job would be for that job, which made me question his skills even then.

 

 


@Paul S wrote:

I had a sixth sense.  Most of the time these guys are eager to work, and I could just tell something was off.

 

 

 

 


 Well there you go. You know something is wrong when someone is eager to work. People with sound minds don't want to work.

Hi Paul,

 

I'm sorry you have been having troubles communicating with a freelancer. If checking back within a certain time frame was one of the terms the freelancer accepted and they failed to do so, you can close the contract and request for the funds to be refunded to you.

 

Also, let us know if you would like a customer support agent to try and reach out to the freelancer on your behalf.

~ Valeria
Upwork