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915e14fc
Community Member

**: Dishonest and Don't Deliver

This Freelancer called **Edited for Community Guidelines** promised to deliver a project in 8 months, but has now the project is approaching 2 years (13 months overdue). Each week this freelancer promises that the project will be complete but has not delivered. 

 

If I suggested any changes to the project, they would ask for additional money. I simplified the project because they suggested that what I wanted was too difficult, but when I eliminated steps,**Edited for Community Guidelines** raised the fixed price by more than $3000 USD. 

 

**Edited for Community Guidelines** also requested me to locate local providers and payment gateway-- a process that they should have done during their research and development-- and also suggested that I talk to gateway providers about the intricacies of what is needed such as APIs and other technical information that I do not understand as a client. 

 

I've paid this company nearly in full, but have decided to withhold the final $850 usd until I receive a product or project codes. I'm dissatisfied and looking for an avenue to get a refund. If anyone have advise on how to sue a freelancer, please also advise. In addition to a refund of $17K, I would like to sue this freelancer for pain and suffering, loss of revenue associated with these delays, and for the damage they've caused to me and my business name! 

13 REPLIES 13
petra_r
Community Member


Terry P wrote:

This Freelancer called ****** ********* promised to deliver a project in 8 months, but has now the project is approaching 2 years (13 months overdue).

 

In addition to a refund of $17K, I would like to sue this freelancer for pain and suffering, loss of revenue associated with these delays, and for the damage they've caused to me and my business name! 


Did you actually hire the freelancer through Upwork? (Because on Upwork they would have to use their own, real, legal name).

Is that freelancer in the same jurisdiction as you?

915e14fc
Community Member

Yes the Project Manager’s **Edited for Community Guidelines**. Nice guy and really seemed legit, but I dealt mostly with his Team member **Edited for Community Guidelines**.
Thanks for your reply! Any suggestions?

915e14fc
Community Member

Yes the Project Manager’s name is **Edited for community guidelines**of Mohali, India. I’m in the US. Nice guy and really seemed legit, but I dealt mostly with his Team member Swarn (whom I don’t recall his last name).
Thanks for your reply! Any suggestions?

prestonhunter
Community Member

It is the project manager's responsibility to make sure that a project stays on task, on budget, etc.

 

The project manager also ensures that all source code and project files are regularly collected, reviewed, and archived. The project manager fires underperforming freelancers and assigns work to the top-performing freelancers on the team.

 

It sounds to me like you either did not hire an independent project manager, or the project manager that you hired was completely derelict in his duty.

 

Terry:
I really do feel bad for the experience you had. But I believe that you skipped a basic, vital step, and that is why you are having problems.

 

Every development project of significant scope has a project manager. That project manager is one of the following:

a) an independently hired project manager

b) the client who knows how to be a project manager and performs the duties of that role

c) the lead developer

 

I believe that you did not hire (a), did not do (b), and thus the project defaulted to (c). The problem with that is this: Only 20% of lead developers can successfully act as project manager. I think that is what happened: You didn't hire a PM, didn't act as PM, PM role defaulted to Lead Dev, who failed to perform the duties of PM. So the project failed.

I agree! They simply keep telling me that 99% of the project is complete but they are having difficult finding a gateway that will support split payments. They say the problem is because I’m in Guam which is a US territory and has all the same support tools as continental US.
Thanks for your reply, any suggestions?

I agree! They simply keep telling me that 99% of the project is complete but they are having difficult finding a gateway that will support split payments. They say the problem is because I’m in Guam which is a US territory and has all the same support tools as continental US.**Edited for Community Guidelines** is a PM and we spoke on a regular basis as well as with**Edited for Community Guidelines**. 
Thanks for your reply, any suggestions?

You were not working with a real Project Manager.

 

The "Project Manager" you talked to was a "Project Manager" provided by the agency/freelancer team.

 

He was not a true project manager. He was actually a "handler."

 

His job was to make you believe that the the project was being managed and making progress.

 

Based on the numbers you described, there are only two possibilities:

 

a) The team and the project manager were sincere in their desire to provide you with service, but they were completely incompetent.

[or]

b) This was just a scam, designed to obtain as much money as possible from you, without ever having any desire to provide you with a working product.

 

This is an important concept:

For a project of this scope and complexity, the client needs to hire an INDEPENDENT project manager. A project manager provided by the agency/team itself doesn't count. It is okay for a team to have its own project manager, but that person's loyalty is to the team. A team-provided project manager is NOT there to protect the client's interests.

AndreaG
Community Manager
Community Manager

Hi Terry,

 

I'm sorry to hear about your experience with this freelancer. I've escalated your concern and one of our agents has reached out to you via support ticket here in order to assist you further.

 

~Andrea
Upwork

re: “Yes the Project Manager’s name is… Nice guy and really seemed legit, but I dealt mostly with his Team member… Thanks for your reply! Any suggestions?”

 

Suggestions?
Yes:

You dealt with a person who called himself a “project manager,” but he was really a handler. His job was to “handle” the mark (you) and do whatever he can to keep money coming in.

 

Next time, you need to hire an independent project manager, a person who reports to you.

 

A good project manager looks for freelancers who can be fired from the team and replaced with better freelancers.

 

A freelance developer (or agency or group of developers) who you hire is not responsible for making sure the development team succeeds. The project manager is responsible for doing that. One of the main ways the PM does that is by firing underperforming team members.

 

re: “they are having difficult finding a gateway that will support split payments. They say the problem is because I’m in Guam which is a US territory and has all the same support tools as continental US.”

 

You should have immediately hired other people the payment gateway, when you heard this.

 

It is NORMAL to hire a separate freelancer to handle the payment gateway. Payment gateways are a specialized technology, and there are many freelancers who know exactly where to go to get the right payment gateway for you, and how to implement it.

 

You can continue to work with the original development team that you hired, but they definitely should not be the only freelancer working on this project.

Hi Andrea, I am facing same situation with the same company. What can I do?

Tomas this is Terry. Did you find a project manager for your app yet? Do you have any recommendations? I'm in search of a Project Manager because though my app is supposedly finished, I have no way of knowing if it is actually finished. The developers made it too complicated to manage, so I've not been able to use it at all. Complicated in that I need to continue payments with stripe, the developer, iOS, Google platform, business account, and the list continues. 

I do believe some of the freelancers tried to accomplish the mission and perhaps the app is functional, but at this point I'm searching for someone who understands apps and are willing to review the codes and see if the project is salvageable. 
Thanks

Hi Terry P. could we have a remote call to talk about this? Please write me at**Edited for community guidelines**

 

I have no project manager, in fact I am facing way worse situation..

mxbh
Community Member

It really is sad to hear. As a freelancer and a professional tech person It does hurt you see people doing this. I think you need to do some research before you hire someone. Becuase mostly scam freelancers try to make money with taking advantage of the ignorance of a client. They show an innocent face at start in your case I guess hes is the manager whom you think are the nice legit guy. Also as per I know it has to be the responsibility of the manager to handle all these if you are working with the agency. It was really sad to hear about that.

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