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Dispute - Fixed-Price Contract, 0% delivered, freelancer wants payment for their time?

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Community Guru
Petra R Member Since: Aug 3, 2011
21 of 40

@Vladimir G wrote:

Hi Joram,

 

I see this is your first Community post, and you haven't posted in the forums before.


 Really?

 

joram.jpg

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Active Member
joram K Member Since: Jun 3, 2016
22 of 40

I did post my complaints here....You claim this is my first post here and it clear for all and sundry to see that this is my second post Mr Vladmir you claim this is my first post and as Petra has shown through the screen shot it only goes all the way to show there is no transparency here.

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
23 of 40

Joram, let me assure you that we are not removing comments that are not violating our Community Guideliness. A quick glance around the Community will make it obvious that we are not removing posts that express dissatisfaction.

 

As I've already posted, I'll escalate this case with the appropriate team but in the meantime feel free to repost your original comment.

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Active Member
joram K Member Since: Jun 3, 2016
24 of 40

Ok Vladmir,noted!

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
25 of 40

Hi Joram,

 

I just found the comment you posted yesterday, which was flagged by our system due to its nature, which violated the said Guidelines.

 

Please refer to my earlier reply and feel free to follow up on your open ticket in case you need further clarification.

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
26 of 40

Thanks for noticing the count Petra. It's strange since I can't see the other post, which would show up on my end even if it was removed by my colleagues.

 

I'll check with the team and escalate this case.

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Active Member
Richard M Member Since: Jun 1, 2016
27 of 40

 

Hi Joram,
It is disheartening to hear you've had a similarly negative experience without resolve. We wish you the best of luck with it.


The latest in our situation is that the freelancer still contests that they are entitled to 1 week’s payment.

Upwork have asked them to provide evidence of the work completed, but have not given us a timeframe on how long they will allow the freelancer to submit work.


We expressed concerns to Upwork on the second day of the project, with the freelancer’s line of questioning regarding our business.
We asked Upwork CS via chat for reassurance that, in the event that the freelancer is untrustworthy and is deemed unsuitable, that the funds we had locked in Escrow would not be taken from us.
We were reassured by the agent that the funds will remain in Escrow until the freelancer submits the work, after which we would have 14 days to review and approve or request changes to release payment.
The freelancer did not submit any work to us through the Upwork portal, where the 3 parties involved would have transparency over what had been completed.

 


We cancelled the contract with the freelancer soon after, as they had promised to submit smaller milestones to us on dates which they had set, but they did not.


As they had not submitted anything we are struggling to understand why our funds would not be released back to us reasonably quickly?


We have checked and double checked the Terms stated on the Upwork site for Fixed Price contracts, we can only see that in order for funds to be released, the freelancer should submit the work for review, and for the work to be amended or approved to then release payment. This reiterates with the information given to us by customer services, after our initial concerns. We cannot see any information in the terms for a fixed-price contract that states, in the event the freelancer does not submit work for approval through the correct Upwork channels, and has their contract cancelled by the client, the freelancer is entitled to claim for any time compensation from the client.


We have asked our mediator that, given the above circumstances, can they explain why for any reason our funds would not be released back to us quickly?

 

We as yet have not received a reply.

 

We would be interested to know that, if Upwork is willing to consider time compensation in a fixed-price dispute, is the client also due this same consideration? As for our company, this now stands at 19 days.

 

Regards

 

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Community Guru
Petra R Member Since: Aug 3, 2011
28 of 40

@Richard M wrote:

 


The freelancer did not submit any work to us through the Upwork portal, where the 3 parties involved would have transparency over what had been completed.

 


 Did the freelancer submit any work in some other way, by email or whatever?

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Active Member
Richard M Member Since: Jun 1, 2016
29 of 40

Hi Petra,

 

On the submission date set by the freelancer they locked us out of the website. 3 days later they unlocked the website to reveal a generic downloaded ecommerce template with no customisation. 

 

This was the only evidence of work which we saw.

 

The reason they gave for there being nothing to see, was because the work had been done in the backend of the website. We asked for this to be shown to us, but they could not present it and asked for more time.

 

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Community Guru
Petra R Member Since: Aug 3, 2011
30 of 40

@Richard M wrote:

The reason they gave for there being nothing to see, was because the work had been done in the backend of the website. We asked for this to be shown to us, but they could not present it and asked for more time.

 


 So for all we know they might be working feverishly to create something "now"

 

How much money are we talking about here? I am wondering if it is worth calling their bluff, standing firm, and forcing their hand to go to arbitration.

 

Please note that under Escrow rules Upwork CAN NOT decide the dispute. They can mediate, and make suggestions, but those would be non-binding.

 

A binding decision can only be made in arbitration.


Arbitration would, if it went ahead, cost all parties nearly $ 300

 

BUT - if one party fails to pay the arbitration fee they lose the dispute by default, and the party who paid the arbitration fee gets the arbitration fee back.

 

Maybe just mentioning that you are fully prepared to go right through with the whole process and that the freelancer would have to pay the arbitration fee as well would scare him into backing down....

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