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Arbitration Case Amount Incorrect

syeddaniyalrizvi
Active Member
Daniyal R Member Since: Feb 13, 2018
1 of 4

Hello Everyone, I hope you all are healthy and safe.
Project Details:
Milestone 1: $1500 released 3-4 months ago
Milestone 2: $500 released 2-3 months ago
Milestone 3: $800 (Client was not willing to pay, I filed for a dispute and now the case is in arbitration), but in dispute client said that he is schemed for the whole amount he has paid, and he wants all back now since I disputed and left and honest review on his profile
Now in arbitration, I see "Amount in Controversy" $2800
instead of my disputed amount of $800
My question is Can Upwork do that? can Upwork force me to pay back the amount that I was paid in milestone 1 and 2? because I disputed for milestone 3 amount which is $800 and not milestone 1 and 2 which is in total $2000
Can the client claim the previously released amount? (which btw he paid willingly against the work I did and delivered)
I would really like to get more clarity on this since my case is about to start.
Thank you all!

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
BEST ANSWER
2 of 4

Daniyal R wrote:

Now in arbitration, I see "Amount in Controversy" $2800
instead of my disputed amount of $800
My question is

1. Can Upwork do that?

2. can Upwork force me to pay back the amount that I was paid in milestone 1 and 2? because I disputed for milestone 3 amount which is $800 and not milestone 1 and 2 which is in total $2000
3. Can the client claim the previously released amount? (which btw he paid willingly against the work I did and delivered)


The answer to all 3 questions is 1-3:  If you lose arbitration and the arbitrator finds in favour of the client, then yes. 

 

That said, if you can demonstrate properly that the work was done correctly, fully and works, then there is no reason why you would lose arbitration. I've only seen 2 (maybe 3) cases where the client won arbitration, and in those it was very clear that the freelancer messed it up. 


See Upwork legal pages for fixed rate contracts 

 

RULES OF THE PROCEEDINGS
  1. The amount at issue in any claims or counterclaims relating to a Fixed-Price Contract will be limited to the sum still held in Escrow and the sum previously released from Escrow for the Fixed-Price Contract.

 

 

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syeddaniyalrizvi
Active Member
Daniyal R Member Since: Feb 13, 2018
3 of 4

Thank you for the detailed response. 
Yes, I will all/everything, which I already did and the Upwork mediator also said in the dispute conversation that freelancers delivered but the client was not satisfied. So I believe he tried to say that in simple words without pissing off the client. So I am pretty positive about my case.
Again, thank you for the response.

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

Good luck and I hope it works out for you 🙂

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