Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Freelancer purposely stalled the end of a time based contract to avoid dispute period

Highlighted
Active Member
Eddie R Member Since: Oct 6, 2017
1 of 47

The freelancer I have been using has not done any work for the last 2 weeks, and is now stonewalling me and telling me the project cannot proceed. I believe they purposely stalled so that all the billed hours are outside the dispute period. Is there anything I can do besides ending the contract and writing a poor review?
They were hired to fix an app and quoted under $1000 USD. after billing $1300, they now say they cannot get the app to work. (And they are also 3 weeks late past the deadline for the project). When I asked for a refund, they said they have spent the time and it is 'their best effort already'.

Highlighted
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 47

Eddie, this isn't complicated!

 

The freelancer has done what he can do.

 

It is time for you to be gracious, thank him for his time and effort, and move on. Be positive. Work with him to secure all of the source code and work files created so far. Make sure you have those sequestered in a private location that the freelancer doesn't have access to.

 

Then close the contract and work with other people to continue the project.

 

There is nothing to dispute here. There is no reason to be upset or take anything personally. This is a normal part of the lifecycle of a development project, especially when you are trying to economize.

Highlighted
Active Member
Eddie R Member Since: Oct 6, 2017
3 of 47

@Preston H,
I don't understand why it is reasonable they should be paid for not having completed the work? This doesn't make any sense to me. Why is effort even considered when the goal and timeline was clearly communicated at the start of the project?
If you went to a restaurant and ordered a dish, and after waiting 2 hours they came back and told you they burned the food, would you be expected to pay?

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
4 of 47

@Eddie R wrote:

If you went to a restaurant and ordered a dish, and after waiting 2 hours they came back and told you they burned the food, would you be expected to pay?


 That is the wrong analogy.

If you own a restaurant and employ a cook, and the cook spends weeks burning the food and you don't fire them after the 4rth burnt dinner, you still owe them their wages.

 

this is how the difference between fixed rate and hourly contracts differs.

Highlighted
Active Member
Eddie R Member Since: Oct 6, 2017
5 of 47

I offered the job as a fixed rate job. The freelancer requested to change to hourly job based on the same terms.
But the point is, they kept on working on non-core tasks, when they should have known whether or not they could complete the core task. They led me to believe they could complete the core task.

Highlighted
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 47

Eddie, 

thank you for your question. You asked a good question.

 

Is it reasonable? I don't know. Probably not. I didn't say it was reasonable.

 

What I don't think you understand is that the advice I gave you is for YOU.

 

I don't care about this freelancer and I am not trying to get you to be "nice" or "fair" to someone who did not complete the job.

 

I am explaining the course of action that will be the best way for YOU to achieve your goals and minimize your expenses. On this platform.

 

Because this is where the contract took place. And it was an hourly contract. So, taking all that into account, you should understand that an adversarial posture, including an attempt to dispute, will cost you more time and energy and money than if you work with the first freelancer and transition the project to a new team.

Highlighted
Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
7 of 47

Hi Eddie,

 

If you're having an issue on your Hourly contract, you can consider pausing it if it's still active and if communicating with your freelancer doesn't help in resolving the issue, use the option to initiate a dispute the time your freelancer logged. Note that on Hourly contract you're paying for their time and not the product. I'll also ask our team to follow up on the ticket you submitted recently in order to take a detailed look and advise.

Highlighted
Active Member
Eddie R Member Since: Oct 6, 2017
8 of 47

@Vladimir,
I also wanted to point out that when you look at their screenshots, many of them are just idling....maybe they were doing research off screen or discussing it, but the only changes are the cursor being moved around.
Sometimes you will see multiple projects open in the background.
Occasionally, you won't even see our project open, and you can see 'hidden' facebook tabs.

Highlighted
Community Guru
Tiffany S Member Since: Jan 15, 2016
9 of 47

@Eddie R wrote:

@Vladimir,
I also wanted to point out that when you look at their screenshots, many of them are just idling....maybe they were doing research off screen or discussing it, but the only changes are the cursor being moved around.
Sometimes you will see multiple projects open in the background.
Occasionally, you won't even see our project open, and you can see 'hidden' facebook tabs.


 Those sorts of issues are exactly the reason the review period is built in.

Highlighted
Community Guru
Kathy T Member Since: Jul 17, 2015
10 of 47

@Eddie R wrote:

@Vladimir,
I also wanted to point out that when you look at their screenshots, many of them are just idling....maybe they were doing research off screen or discussing it, but the only changes are the cursor being moved around.
Sometimes you will see multiple projects open in the background.
Occasionally, you won't even see our project open, and you can see 'hidden' facebook tabs.


 

Eddie - On hourly jobs, you have a number of days to look at the screen shots and either approve them or dispute those hours. If you say, many of them are just idling, Only changes are the cursor being moved around, and seeing multiple projects open in the background, such as hidden facebook tabs. That is PRECISELY why Upwork gives a client time to look at the screen shots so you can dispute those hours.

 

You mentioned that you are not a programmer and don't know if the code you say was indeed correct code concerning your project. When you are a complete novice that is the time to hire a project manager who knows what the code should look like and can manage a project such as this.

 

 

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS