Is hourly work not protecting the client, or is the freelancer a fraud?

[b91bd12a]

I requested a project to create a Shopify app.

The conditions were that there was a set budget and that 2000-3000 vehicles had to be connected to the product.

And I contracted hourly contract with the developer.

But after receiving the result, the app is useless. The freelancer continued to say there was no problem, but Shopify said it was impossible with the current app because there were 128 limits for each the list metafield value.

I raised a dispute, and the mediation team asked him to return half, but the freelancer did not accept it, and the mediation team closed the dispute.

The freelancer said he would compensate, but there has been no action yet.

So it seems like a hourly work doesn't protect the client at all at this point. Or is the developer a scammer? So, should only the client be the one suffering now? Why should clients have to pay fees and suffer? If this is the case, shouldn’t the client have to pay the fee to the Upwork?

[spectralua]

With hourly you pay time but not results. FL worked with your app so within rules all good.

You can use fixed price where agreed result is a must.

[b91bd12a]

We don't know the outcome in advance, and he deliberately delayed it. 

Finally, he only earned lots of money. I was scammed.

[spectralua]

Yep, but Upwork team following own rules: if FL playing games instead of coding then Upwork will force FL to refund. But if coded then Upwork think that all ok.

[b91bd12a]

So should I sue? My current feeling is that I want to sue both Upwork and developer. I'm not protected at all, so there's no need to pay commissions to Upwork, right?

[wlyonsatl]

There is nothing preventing you from suing whomever you wish.

But Upwork is pretty clear in its approach to hourly projects. If the freelancer uses TimeTracker correctly, that's all that matters in terms of payment due from a client. Upwork will typically make no attempt to determine the quality of work done by a freelancer. 

[b91bd12a]

Thanks. 

Of course, Upwork suggested as below. 

=>

Upon further checking, we have noticed that the freelancer was logging manual hours on this contract and some of the tracked hours also have low activity levels. 

Per Terms of Service: Hourly Payment Protection does not apply to Manual Time and logged hours that does not have adequate and fair activity levels. Based on our review, the freelancer has logged 39:20 hours of manual time and and 2:30 hours of logged hours with low activity level. These hours have a combined billing amount of $836.66. Therefore the freelancer is requested to issue a 50% refund of this amount to the client which will be $418.33.

================================

They suggested but it is not binding, as you know. But I can't dispute in advance. I can recognize after finishing work. So the freelancer didn't agree that. He said he will compensate it but he didn't do anything for the useless app until now. 

Also he kept charging after finishing work.That I raised dispute, but he returned 50%.

I think he is a fraud. In my opinion, Upwork has to give him a kinda penalty or they prevent him something. 

I can't leave any feedback about his work. 

Finally, I lost money and time. But he pocketed too much money.

[wlyonsatl]

You were not allowed to leave feedback for this freelancer on this project?

[b91bd12a]

I left a review when I ended the contract, but all I saw on his profile was a star rating and no comments left. Can freelancers hide or delete reviews?

[spectralua]

Should be you filled private feedback but not public. It is uneditable anymore.

It is good idea to read how it works before you will spend money.

[wlyonsatl]

Yes, certain freelancers have a limited ability to remove public feedback from their profiles and/or private feedback in the calculation of their Job Success Scores:

Feedback removal – Upwork Customer Service & Support | Upwork Help

There may be cases in which Upwork removes either client or freelancer feedback, but that is probably not typically communicated to either client or freelancer by Upwork.

[339dfdb4]

 Thank you.

[b91bd12a]

Can you imagine? The freelancer asked me if I had the time and budget to rebuild the app. He thinks I am a foolish

[spectralua]

FL able to ask fo chance to complete jobs within agreement. But asking for additional money for job paid already its a crazy.

I would take this as a mockery and would be very angry.