Freelancer incomplete job

f0e4c878 · ‎02-18-2021

Good day,

I hired a freelancer for a 4 milestone project for a website. After a few messages I decided to hired him and put $1000 in escrow for the 1st milestone. He then passed me to work with his team. The communication wasn't great but they were doing the job. We paid the first milestone and put another $1000 in escrow. After some messages and asking for changes the freelancer disapeared due to "health issues" and we kept wotking with his team. The communication from the team was really poor, they declined to speak on the phone and have went past multiple deadlines but they kept updating changes on the website so after a few months I released the second payment. I have been trying to contact them and they are avoiding all the messages and they haven't made any changes.

I was told the website would be ready at the beginning of October and it's February and it's far away to be finished.

What are our options? If we cancel the contract, how do we get the work/coding that has been completed so far so someone else can continue with it? If they don't want to give me the work that has been done, can I get a refund?

Thank you

richardrader · ‎02-18-2021

For future advice, when you are working on a site each milestone they should be providing you the files on your server or a repository that you have control over. Never relese until you have those files. I would ask for those files to be handled over and simply close the contract and find a better freelancer. You are entitled to the work you paid for.

f0e4c878 · ‎02-19-2021

Thank you so much. It's a great advised. I am new in this so I actually didn't even think about it. Next time I will be asking for the files before paying.

Thank you

JoanneP · ‎02-18-2021

Hi Laura,

I'm sorry to hear that your project has been delayed. I've requested the help of our team to reach out to your freelancer to follow-up. One of our agents will assist you further via a support ticket.

~ Joanne

f0e4c878 · ‎02-19-2021

Thank you Joanne.

f0e4c878 · ‎02-22-2021

Good day Joanne,

I would like someone from the upwork team to reach out to me. The communication with the freelancer is becoming a nightmare. We would like the code files for the milestones we paid for.

Please, would you be able to let me know how I can contact someone from the team?

Thank you

JoanneP · ‎02-22-2021

Hi Laura,

I'm sorry to hear that the freelancer is not responding to your requests. I have already escalated this to our team to help, and I can confirm that they have already reached out to the freelancer. I can see that you have also chatted with our team. They will update you directly on the same ticket to assist you further.

~ Joanne

prestonhunter · ‎02-18-2021

re: "What are our options? If we cancel the contract, how do we get the work/coding that has been completed so far so someone else can continue with it? If they don't want to give me the work that has been done, can I get a refund?"

It is not Upwork's intention that you receive any kind of refund.

It MAY BE POSSIBLE for you to get a refund, but generally speaking: It is unlikely.

As a client, thinking about refunds as a possibility is a good way to LOSE MONEY and NOT GET YOUR project done.

So the best thing to do is decide that you will never try to get a refund.

INSTEAD: You will proactively review the work that the freelancers you have hired submit to you.

And if you don't love their work, you will stop working with them.

It is far EASIER to not pay a freelancer some money in the first place than to pay a freelancer money and then months later try to get it back.

The freelancer (or agency, or team of freelancers working under a single freelancer account) have already provided you with work.

And you have already reviewed their work and released payment for it.

That DOES NOT MEAN that you must continue working with them.

If you don't highly value their work, or if you don't value their speed, or the quality of their communication, or if you want to stop for ANY reason, then just stop working with them.

Have OTHER members of your team complete the project.

The files that you have received belong 100% to you. You can do whatever you want with them, including passing them to other team members to complete the work. You don't owe this first freelancer (or team) anything.

f0e4c878 · ‎02-19-2021

As I mentioned in my first message. I haven't received any files... That is WHY I am asking what our options are. I am happy to pay for a finish website or for the job that is done ( as I have done) but obviously I want to know what my options are because the freelancer hasn't submitted any files to me.... So if I cancel my contract I will be losing $2000 plus $500 that are in escrow at the moment, plus part of the website that is already done because I DON'T have any files plus months and months of work.

prestonhunter · ‎02-19-2021

The files don't belong to the freelancer. The files belong to you.

You don't need to end the contract immediately.

Ask for all of the files. Don't pay them any more money.

In the future, make sure you always have the files in your possession and under your control before releasing fixed-price milestone payments. For hourly contracts, make sure you have continual access to all files. Archive the files regularly in a place only you have access to.