Can I send my Upwork clients a subcontract?

[earle-olivia]

I am a web designer and lately it has been an issue that while I am building, updating, or editing sites the client will go in and change a bunch of things that I ultimately have to re-do. For hourly contracts, it is an inconvenience but I am still paid for my time. For my fixed contracts, I am spending a lot more hours than I initially quoted and ultimately losing money and sometimes it results in a design that I am not happy with putting my name on. 

Could I send my upwork clients a subcontract (through Upwork Messenger) that basically says my client agrees to not make any edits to the site but instead communicate them with me?

If this is against the terms of Upwork, could I at least send them something where they have to check a box and say they acknowledge it?

[prestonhunter · Accepted solution]

Olivia:
Upwork allows freelancers and clients to agree to any additional contracts (or "subcontracts", to use your term) that they want to.

So, yes... You can send an additional subcontract to clients through the Upwork Messages tool and have them agree to it. Clients may decide if they want to agree to additional contracts or not. If you have certain requirements that a client will not agree to, then you don't need to work with the client.

[earle-olivia]

Perfect! I just wanted to make sure before I started implementing it. I appreciate your response! Thank you

[elitegra]

You should ALWAYS ask the client first and agree on new terms before sending it. 

[earle-olivia]

I apologize for the delayed response. 

Essentially the additional contract will outline full scope of work what they are to expect with a first draft, everything I will be providing for them, what devices I test their website on, the amount of revisions, etc.. Essentially it is my normal web design contract but without the financial portion since that is handled by UpWork. 

Everything in the contract is something I discuss with the client beforehand, but just to get it in writing. 

I am having an influx of clients who are changing the scope of work or change things last minute, failing to activate milestones, and it isn't working in my favor. I don't really have much support from Upwork since the client can opt to not actiate milestones and I want to try and eliminate being left out to dry. 

[petra_r]

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Olivia E wrote:

I am having an influx of clients who are changing the scope of work or change things last minute, failing to activate milestones, and it isn't working in my favor. I don't really have much support from Upwork since the client can opt to not actiate milestones and I want to try and eliminate being left out to dry. 

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No amout of additional contract will lead to preventing any of that because Upwork won't enforce such contracts, so if a client doesn't play ball, you are basically still on your own.

[wlyonsatl]

Olivia,

I have found it is best to document the specifics of my scope of work with all prospective Upwork clients before I start working for them. This begins with clear terms included in my initial proposal letter or response to a prospective client's request for proposal and I document via the project's Upwork message board all subsequent significant changes to the client's requirements or expectations.

Good clients will honor your agreements or at least tell you when they want changes made to what you've agreed to.

Bad clients will try to get away with free work - a fact of life on Upwork and elsewhere.

But if you ever take a wayward client to arbitration, having clear agreements or confirmations in writing you can show to the arbitrator the better off you'll be. If you do high value projects, your safest bet is to assume you might have to take every client to arbitration and always lay the documentary groundwork you can show the arbitrator, if it comes to that.

And just having the agreements in place will make some clueless/dishonest/fraudulent clients think twice before they try to get away with some bogus claims about what you've agreed to do for them.

Good luck!

[prestonhunter]

If you are getting jammed up by clients asking for out of scope work, and you want to be very specific about the scope, then you are on the right track in your plans to outline these details more clearly.

But I really don't think you need a sub-contract or external contract.

I write out these details and send them to the client to include in the Upwork contract agreement itself.

What matters to me is if the client actually abides by the written agreement and releases money as expected, without asking for out of scope work.

A client who does not strictly adhere to the original agreement loses the chance to hire me using fixed-price contracts, and can then only use hourly contracts.

I always keep in mind the fact that a certain percentage of clients do not and will never comprehend the fixed-price contract model. Some of these can be lovely hourly contract clients.