Mislead by "Architect" am I protected?

fdf5c827 · ‎04-14-2021

Hi everyone, I am new to UpWork and getting increasingly frustrated. I recently signed up to hire an architect and engineer on here to do drawings and MEP work for a new restaurant buildout of mine for a new construction lease I signed. I want to be as up front as possible, this is an all new startup and I have no experience with going into business so unfortunately a lot is trial and error so far. I was up front about my ignorance and naivity to both the Engineer and Architect, I even arranged a conference call with them before offering a contract so I could just make sure what details were needed for my buildout was understood and I wasn't missing anything that I need for a FL commercial space. This architect who shows a Masters in Architecture on their profile, as well as many open contracts and assured me he has experience in FL for commercial AND specifically restaurants but could not send those works due to non-disclosure. Again, my naivity if that is not an industry standard. Anyways, I paid half of the job already when he produced the first couple drawings but had many errors and typos that needed correcting which furthered this process. He did tell my engineer in the beginning that he was not FL licensed and was awaiting it, but was working under a licensed architect and lead us on to believe that architect would seal the plans, over a month later and his "complete" plans are useless since he can't seal them. I do NOT wish to pay him the remainder and I feel extremely mislead given how honest I was about my ignorance to the overall process. Being unfamiliar with this platform, I trusted UpWork freelancers were vetted to some degree or verified, but it appears thats not the case. Makes me terrified to ever use a freelance platform again. Does UpWork protect any of its clients with this or is it a free for all on here with the honor system?

prestonhunter · ‎04-14-2021

You are protected to the extent that you protect yourself.

Upwork provides a service that allows clients to find, hire and pay freelancers.

I can assure you that Upwork is NOT an "architecture" company, nor is it an "engineering" company. Upwork provides a platform through which clients can hire freelancers who do a wide variety of work. Upwork has no "special knowledge" about or "special accommodations for" engineering or architecture. Upwork ToS applies the same whether you are hiring an engineer or a blog writer or a jingle composer.

It is important to keep in mind that when you hire a freelancer on Upwork, Upwork is not party to that contract.

It is not really Upwork's intention to provide protection to you in matters such as you describe.

re: "Being unfamiliar with this platform, I trusted UpWork freelancers were vetted to some degree or verified, but it appears thats not the case."

I can assure you that Upwork freelancers are not vetted or verified in the way that you apparently assumed they were. There are identity verification protocols in place, which are used to verify:

- the freelancer lives in the country he claims to live in

- the freelancer's name is what he claims it is

- the freelancer's photo on his profile page really is him

These identity verification protocols are NOT the same thing as "vetting" and "verification" of things such as competency, education, credentials, etc. Moreover, these identity verification protocols, while far exceeding what most freelance work platforms have in place, are not foolproof or guaranteed. The freelancers you hire on Upwork are VERY LIKELY to have accurate information posted on their profile page with regards to their name, country of residence, and photo. But Upwork does not guarantee this.

re: "Does Upwork protect any of its clients with this?"

No.

re: "or is it a free-for-all on here with the honor system?"

Upwork is absolutely NOT a free-for-all, and transactions here are certainly NOT based purely on the honor system.

There are MANY ways in which Upwork protects clients. But Upwork does not protect clients in all ways.

gilbert-phyllis · ‎04-14-2021

Upwork is a platform where clients and freelancers can find each other. It is their/our responsibility to vet each other. Telling prospective contractors, whether online or in person, that you are new, naive, and don't know what you are doing amounts to an engraved invitation for less scrupulous people to take advantage of you. If you are serious about your new business, it would be well worth your while to find someone who has launched that type of business successfully and pay them for some time to provide some education and coaching.

It sounds like this is a fixed-price contract and you may have grounds to dispute the payment you've already made. I have no firsthand experience with disputes but others who have will probably weigh in.

fdf5c827 · ‎04-15-2021

Thank you for the reply, as stated I am new to this platform and with little direction from anyone, my landlord included, I didn't openly advertise I was unaware, it was during our initial conversation with both freelancers I explained what I needed and that I needed them to produce what was needed to get there. Good thing is my business is food service which I have being managed by someone with restaurant management experience, I am only here in the first place due to ending up on a new commercial space that has not been built out yet. Not something the average new restaurant owner experiences on a regular basis.

AleksandarD · ‎04-15-2021

Hi Matthew,

I'm sorry to hear about your experience working with a freelancer. I checked and it looks like the mediation process already started. The team will continue assisting you through the ticket to resolve the situation. For more information about disputes, I suggest checking out this help article and this Community thread.

Thank you.

~ Aleksandar

petra_r · ‎04-14-2021

Matthew O wrote:
I do NOT wish to pay him the remainder

Then close the contract and request your escrow funds back. The freelancer can either approve that request (then you get the funds in escrow back) or dispute it.

fdf5c827 · ‎04-15-2021

Thank you, this was what I was looking for. I didn't want to pay the remainder escrow for obvious reasons, I didn't realize they had an arbitration process which I am going through now.

8d37c035 · ‎10-06-2022

This appears to be an old forum but its an important point because in most states (if not all?) (I would check with the Florida Architects Board for specifics to this particular case) it is illegal to call yourself an 'Architect' without a license. For example -

in California, where § 5536 of Article 3, Chapter 3, Division 3 of the California Business and Professions Code, Architects Practice Act reads:

It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both fine and imprisonment to advertise or put out any sign, card, or other device that might indicate to the public that he or she is an architect, that he or she is qualified to engage in the practice of architecture, or that he or she is an architectural designer.” Souce: https://archinect.com/news/article/150171751/unlicensed-don-t-call-yourself-an-architectural-designe...

prestonhunter · ‎10-06-2022

re: "its an important point because in most states (if not all?) (I would check with the Florida Architects Board for specifics to this particular case) it is illegal to call yourself an 'Architect' without a license."

Heather: I am certain that you mean well. But what you are talking about has to do with states and various government-based laws. If a person (such as the original poster) wanted to pursue that, he would need to pursue it with proper authorities in those states or professional licensing organizations. Upwork can't do anything about any of that. Upwork is not an architecture company. Only the tiniest fraction of Upwork freelancers are architects or refer to themselves as architects. Upwork's employees and representatives know nothing about any of the things you are talking about. If anybody was able to contact them and try to bring up any of the points you are making, Upwork employees and representatives would only be able to ask them to take up those matters with the proper authorities.

I don't object to you making the point you're making, as long as you understand that Upwork neither enacts nor enforces the type of laws/restrictions/guidelines you are referencing.