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

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Community Guru
Joachim M Member Since: Mar 23, 2015
21 of 47

Eddie,

 

As others have already pointed out, with an hourly contract the freelancer owes you his time and not the product. If you want to make sure to receive the desired result the fixed price contract is the way to go.

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Eddie R Member Since: Oct 6, 2017
22 of 47

I offered the job as a fixed price job, the freelancer said they would complete under the same terms and asked me to switch to hourly job. If that's the difference, then I have clearly been misled.

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Baris A Member Since: Mar 15, 2017
23 of 47

A very expensive lesson...

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Katrina B Member Since: Jan 9, 2011
24 of 47

Yes, the client should have been more proactive on checking screenshots and such. He is now owning that. With that said, I still think the situation should be investigated by the Upwork team. He can't get his money back, but we also don't want freelancers like this on the platform. If all the client says is true, then the freelancer(s) should not be on the platform. 

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
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Community Guru
Preston H Member Since: Nov 24, 2014
25 of 47

Eddie, your biggest problem is that you are trying to treat the freelancer fairly. You want him to get what he deserves.

 

Stop doing that!

 

Put yourself and your project first.

 

You have no obligation to put forth time and effort in order to balance the freelancer's karma by ensuring that he is paid less or paid nothing or whatever it is you're trying to do.

 

This was NOT the right person for the job. The sooner you stop worrying about that freelancer and start putting your project first, the better.

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Eddie R Member Since: Oct 6, 2017
26 of 47

@Preston H wrote:

 

 

This was NOT the right person for the job. The sooner you stop worrying about that freelancer and start putting your project first, the better.


 I actually hired another developer 2 weeks ago for the same money (yes, they matched the price and completed in 2 weeks what the other developer spent 2.5 months on), and I have a working app already, however that doesn't mean I will let go of the fact that the first developer cheated me of my time and money.

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Jennifer M Member Since: May 17, 2015
27 of 47

Was this a new freelancer? It seems Upwork doesn't verify profiles until someone has their first job. I'm assuming it's so they don't invest time in anyone who isn't going to bring in money, but it's opened a new scam which is to create a new profile and scam people out of 1-2 weeks of pay and bail.


This is why you have to be careful with new freelancers and should avoid anyone where $1000 is like 10 year's salary for some countries. Those countries where $1 lasts them a year is where this happens, because $1000 doesn't go far in any first world place. It's totally worth it for them to spam the site with profiles, get one sucker and then bail with the $1000, because you just bought them and their whole family a year's rent. Someone that isn't broke wouldn't do something like this, because $1000 is not worth it and they'd rather keep their Upwork account, because it's worth much more. Another reason to stick with freelancers with a long history on the site.

 

If you really like a freelancer and they have no history, then the best thing is to give them a test and see how it works out first. Invest a small amount, and then you'll know if you can invest more.

 

I'm guessing you went cheap, because these people usually log 8-10 hours/day to get you good. It's been 2 weeks, so that's a really low rate.

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John K Member Since: Feb 17, 2015
28 of 47

The OP is new to the platform and thus made some mistakes but the critical one was agreeing to change the job from fixed price to hourly. There’s absolutely no reason to do that and the freelancer took advantage by stalling until the review period passed. There are freelancers who dislike the time tracker so I wouldn’t question a request to switch from hourly to fixed but not the other way around and as someone else wrote, Upwork would do clients a favor by dismissing this freelancer if he won’t give a refund. 

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"No good deed goes unpunished." -- Clare Boothe Luce
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Jennifer M Member Since: May 17, 2015
29 of 47

John, you've never said that they have to switch?

 

Am I crazy but I have. Is that weird? lol  I tell them hourly if I can't estimate. For instance, I had someone hit me up for doing quick reviews of site SEO stuff. A site could have 10 pages or a million pages, so I told them it would have to go hourly. 

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John K Member Since: Feb 17, 2015
30 of 47

@Jennifer M wrote:

John, you've never said that they have to switch?

 

Am I crazy but I have. Is that weird? lol  I tell them hourly if I can't estimate. For instance, I had someone hit me up for doing quick reviews of site SEO stuff. A site could have 10 pages or a million pages, so I told them it would have to go hourly. 


 No, I haven't and yes, it ain't easy coming up with a fixed price estimate for a largish project. But when the client specifies a fixed price and it's not obviously a placeholder, then I assume that's all the client can afford to spend, so switching to hourly wouldn't gain me anything because I have no intention of running up the hours and then telling the client, oops, we're about to go over your original budget because this is taking longer than I thought it would.

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"No good deed goes unpunished." -- Clare Boothe Luce
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