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Felicia's avatar
Felicia C Community Member

Client upset that I didn't meet benchmarks that she didn't set

Hi,

A client is upset that I didn't meet benchmarks that she didn't set. First, I met with this client to discuss a potential project. We outlined the deliverables, which were in 3 parts. We set a benchmark for Part 1 so that I could get feedback and ensure that I was on the right track for Parts 2 and 3. Then, we set a deadline for all work deliverables. Post-conversation, I sent her a written estimate for Parts 1-3, with the Part 1 benchmark and the end deadline. She created the contract on Upwork and entered those two dates only (benchmark #1 and final deadline). I met the first benchmark early and she sent me feedback. I then incorporated her feedback into Part 1, completed the rest of the work (Parts 2 and 3), and submitted all deliverables on time for the final deadline. Per Upwork's policies, she has 14 days to request any additional changes. I informed her of this and I am of course happy to make any adjustments to the final project.

 

Now the client is upset that I didn't submit drafts for Parts 2 and 3 before the final deadline. There were no other benchmarks set in the contract and she never communicated that she expected multiple drafts and rounds of feedback. She's upset because she says she now has a lot of material to review and she wanted to be able to review my work products little by little leading up to the deadline. I told her that this expectation needed to be communicated to me in the form of additional benchmarks. Otherwise, I had no idea that there were other deadlines that she expected me to meet. I asked her to please show me where in our communication, my written estimate, or the Upwork contract it indicates these additional deadlines. There were none. She is calling this a "misunderstanding" on MY part because I should have assumed that she would want to review the work deliverables in multiple batches leading up to the deadline. She argued that the Upwork contract was "confusing" and that she tried to submit additional benchmarks but wasn't able to. There is literally no record of any other benchmarks or deadlines except the two that I met.

 

What do I do? Can she refuse to pay me for my work?

1 REPLY 1
Preston's avatar
Preston H Community Member

A client has a right to be upset because you didn't meet benchmarks.

A client has a right to be upset if you haven't seen "Star Wars."

 

So what?

It doesn't mean that she has the right to not pay you for your work.

 

If you were hired to do a fixed-price task, then she has to pay you if you did the task, as written in the original agreement.

 

If the agreement says "draw a picture of a cat," and you drew a picture of a cat, then she needs to pay you.

 

She can't come along after you've finished and say "I want it to be a Siamese cat."

She does not have the right to ask you to do that unless she creates a new contract or new milestone.

 

re: "What do I do?"

 

Tell her that the task is finished, and she needs to release payment before you will do anything else. DON'T DO ANYTHING ELSE on the project until she pays you.

 

After she releases payment, then tell her you will continue working on the project after she closes the current contract and creates a new hourly contract.

 

If she won't pay you, then do this:

 

https://support.upwork.com/hc/en-us/articles/211068528-Dispute-Non-Release-of-a-Milestone-Payment

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