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Awarded to Contractor by Mistake

c6f7846c
Active Member

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
Community Guru

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.

View solution in original post

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. 


 

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