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Cancel an Incomplete Job



The person that was in my position(Marketing department) previously hired someone here in July. The freelancer agreed to the terms of the Job. The first Milestone was delivered after some delays but successfully delivered. The guy claimed that he and his wife both were sick at the hospital and couldn't complete the job. He said he would be in contact with the following part of the contract. Obviously, the person that was working here before believed him and understood the situation.  She left the company recently due to stress at work, one thing that she was asked a lot was this project and we were waiting for the freelancer answer. I took over her position recently and checked all their conversations. Also checked his profile and find out he is been working even from a week after he said he was laying in a hospital bed.  I confronted him and ask him to complete his job as the contract required.  He said the contract is too big and that he spent too much time doing the first part and that he wouldn't do the final part for that money. 


He never mentioned that to my colleague and just got sick and never return or came back with an explanation. Now after six months as I didn't hire this job and the freelancer don't want to complete as agreed I want to end the contract. 


Would I be charged for the other 2 milestones if the Job was not compleated? the total value of the job was $1500 and we paid $500 for the first part.


I also think that would be great if Upwork or this community can provide either clients and freelancers with methods to measure workloads and evaluate from both sides the quantity and load of work to see the real scope of the Job. Obviously is in the hands of the client to be clear but is also in the hands of the freelancer to ask and make things clear if he/she doesn't agree. 


Community Member

You don't have to pay.


If he "disputes" it, that's another story; but assume he won't.


Cancel the contract over "non-performance". Then see what happens. You're in the right; you don't have to "wait" for someone to tell you to act.

Community Member

If you have funds in escrow, and the freelancer has not delivered anything for that milestone, you can close the job and the freelancer will automatically be asked to approve a refund of the escrow funds. In this case it seems likely the freelancer would approve that (because they haven't delivered anything) and you'd get the money back.


If the freelancer declines the refund request, you'll go to mediation where Upwork will try to help you and your freelancer work something out (e.g., a partial completion for a smaller amount of money or something). If that doesn't work you may be forced to go to arbitration, where you (and the freelancer, and Upwork) will have to agree to pay the arbitration fee of $291. You'd win arbitration though (assuming that the freelancer really hasn't delivered anything for the milestone in dispute), and the freelancer would also know they'd lose, so it's unlikely they'd agree to pay - in which case, you will get your $291 arbitration fee back, as well as the funds in escrow. (Note that if the freelancer for some reason decides to pay the arbitration fee as well, even if you win arbitration, you don't get your fee back, so you'd be down $291.)

Hi Jeniffer,


I already ended the contract and the amount is not in escrow but I would like to know  is like in the picture what would I have to do?


Screen Shot 2017-12-12 at 3.57.43 pm.png


If the contract is ended and there is nothing in escrow then I'm pretty sure you don't need to do anything, but hopefully a moderator will confirm that for you. I've flagged your post to get their attention.

Thanks Jennifer

Community Manager
Community Manager

Hi Ahrabie, 

All the information that Jennifer has shared is correct. I checked and it looks like both you and your freelancer were able to leave feedback for each other, and you will just create a new contract for him. 

Hopefully this time, everything pans out. 🙂 Let us know if you have further questions!

~ Avery

Please note that if there were no funds in escrow, there was no milestone, meaning the freelancer did not owe your company any work anyway.

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