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Re: Freelancer does not deliver the codes after a dispute

44e53faa
Active Member
Alfonso V Member Since: Dec 1, 2017
1 of 11

It was a fixed rate contract with milestones. I paid three of them whilst the contract was progressing and there was no need to give me the codes since the contract was ongoing.

Upon the fourth stage, the work was not good and after a month or not working out, I decided to terminate the contract. The freelancer disputed my termination of the contract and he said he could prove that the had terminated the work. My point was: 1) the fourth milestone of the app doesn't work; 2) even if it worked, I am entitled to terminate the contract and be given the codes as per the contract. Following a mediation through Upwork, they sent it to arbitration: I paid my share and he didn't.

Now he is refusing to surrender the codes because, he says he doesn't have time. He is asking me to pay more to release his work, which he doesn't even dispute has been paid for.

I find it asthonishing that he was able to raise a dispute and I had to follow the process only for him not to comply with it and now Upwork is pretty much ignoring me (until your answer, thanks for that!) and letting that freelancer to offer his work. I'm certain that if I had not paid, Upwork would have happily taken my deposited money, paid the freelancer and tell me that I was at fault. The only real tool of enforcement (other than arbitration, which he refused to pay) is for Upwork to intervene or remove him from Upwork.

Thanks for your response.

Alfonso Valero

vladag
Community Manager
Vladimir G Community Manager Member Since: Oct 31, 2014
2 of 11

Hi Alfonso,

 

Please refer to the information shared on your dispute ticket and note that we can't discuss dispute cases in the Community, since that would entail sharing account-specific and sensitive information. Please check the conversation on your ticket and note that the disputed Milestone has already been returned to your account balance.

Untitled
44e53faa
Active Member
Alfonso V Member Since: Dec 1, 2017
3 of 11

Yet the problem remains: the dispute has been terminated, but the freelancer does not deliver the codes.

bobafett999
Community Guru
Prashant P Member Since: Sep 29, 2015
4 of 11

Well Alfonso.  Sorry it did not work out.  And I am not aware of all the facts.  However, in general codes and such are the intellectual property of the developer.  He is obligated to release the code if the contract was completed.  By cancelling the contract for whatever reason the free lancer may think that if they gives out the code you may turnaround and hire some one at a cheaper price to finish it.  And that happens a lot.

44e53faa
Active Member
Alfonso V Member Since: Dec 1, 2017
5 of 11

Hello,
I terminated a contract with a freelancer. I paid nearly $1,000 for three of the milestones and the freelancer disputed the termination of the contract. He refered it arbitration, following which he didn't pay his share of the arbitration fees and it was concluded. Now he doesn't want to deliver the codes and, in spite of my numerous e-mails to Upwork contact centre, I get no response. How can I have the codes delivered? The freelancer is still offering his services in Upwork even thought Upwork knows that the freelancer is not doing his part of the work.
Thanks,
Alfonso Valero

dataextract
Community Guru
Ramesh K Member Since: Oct 25, 2015
6 of 11

Is that a hourly contract or fixed rate?

Those three milestones you've made the payment only after the freelancer delivered that particular milestone's job, right?

And the dispute is for those 3 milestones or the termination of contract?

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
7 of 11

@Ramesh K wrote:

1) Is that a hourly contract or fixed rate?

2) Those three milestones you've made the payment only after the freelancer delivered that particular milestone's job, right?

3) And the dispute is for those 3 milestones or the termination of contract?


 1) Obviously it's fixed price, there are no milestones in hourly contracts, and no arbitration. Released milestones can not be disputed, only milestone 4, which was done and as the freelancer refused to go to arbitration the client wins the dispute for milestone 4 (ONLY)

 

2) Obviously not, or he'd not be chasing the code. He clearly states that he did not ask for the code all along until it all went wrong.

 

3) There is no such thing as disputing "termination of contract."

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
8 of 11

@Alfonso V wrote:

Yet the problem remains: the dispute has been terminated, but the freelancer does not deliver the codes.


 The dispute was only about milestone 4, which you have won by default, the Escrow funds for milestone 4 are going back to you.

 

Unfortunately, by releasing the funds for milestones 1 to 3 you approved those milestones so there is little to nothing that can be done there. The freelancer will long have withdrawn the money, there is no way Upwork can force the freelancer to either hand over any code or refund any money.

 

Don't release funds without the deliverables per each milestone.

bobafett999
Community Guru
Prashant P Member Since: Sep 29, 2015
9 of 11

@Petra R wrote:

@Alfonso V wrote:

Yet the problem remains: the dispute has been terminated, but the freelancer does not deliver the codes.


 The dispute was only about milestone 4, which you have won by default, the Escrow funds for milestone 4 are going back to you.

 

Unfortunately, by releasing the funds for milestones 1 to 3 you approved those milestones so there is little to nothing that can be done there.


 I believe you are asking for code that includes the work done between milestone 3 and 4.  No one is going to give you almost finished product at 3/4 of the price.

 

Learning lession for me:  Always keep copies of work done for each milestone   Build up on those copies.  I have mentioned it before but in software business you don't have any right to unfinished terminated contract.  The unfinished work is the intellectual property of the developer.

 

Besides I have done enough coding to know that unless the code is documented well it is hell of a task to understand and build up on it.  Often I have re-written the code from scratch.  In major software companies after a developer has finished the code it goes through a  review so that a third person can pick it up in future.  After that it goes to testing group whose sole function is to break it.  I don't know the current 'cost', but back then it was estimated to be about $6-$10 per line.

rj007
Active Member
R J Member Since: Dec 1, 2017
10 of 11

I didn't get my work and now freelance not responding too. I have to end contract with negatve feedback for freelancer but Upwork saying I have to pay first..How can I pay for work which I didn't get it?

 

Please help how can I cancel contract and give him bad feedback without paying himw

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