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alextooo
Community Member

Client changed details of the contract.

Hello everyone!
I’ve got a problem. Accepted an offer from a client to create corporate identity for his company. When I created some concepts of the logo, he asked me if I don’t mind changing the project scope and going from Corp identity for company 1 to logo/favicon/banner for company 2.

What should I do in this case? Should I ask for another contract to be created? Or is there a way to change details of this one since Che client’s not gonna return to this project in the next few months.

Previous job is not completed as soon as I managed to design only logo concepts of the whole odentity. Fixed price project.

Thank you.
18 REPLIES 18
prestonhunter
Community Member

A client can not "change the details" of a fixed-price contract.

 

A client may releases all escrow funds to you and the close the contract, and then open an hourly contract.

 

Or a client may release all escrow funds and ask to open a new fixed-price contract.

Preston, thank you for the answer. Is there any advice you could give me in this situation? Because I don’t know what to do.

If it was me, I would tell the client: "Yes!"

 

I will be happy to discuss the other project or the new details. First release escrow payment for the correct contract and close that contract. As soon as that is closed, then let's discuss the new project.

 

If I have really only done PART of the first contract, I will tell him:

 

"Sven: At this point, I have only finished half of the work for the original contract. If you want to, you could release only 50% of the escrow payment, and I will immediately agree to a refund of the remaining 50%."

What exactly did you say was the deliverable, i.e. how many concepts and how many revisions? Then negotiate a reasonable price with the client. How much money is in the escrow account - did you split it into milestones? 

Christine, thank you for the answer! Actually I’m not that experienced for right now in the field of terms detalisation, and there was no limits on concepts. But the deliverables are logo, business card, blanks and website design. With no milestones.

I didn't do a very good job of setting this contract up. I did not make it specific enough. I did not specify the number of revisions or state zero revisions.

 

Now the client wants me to do something different.

 

I should use this opportunity to close the contract completely.

 

I am going to try to be very clear with the client and tell him as succinctly as possible:

 

Because this is a fixed-price contract, I can't do anything different or work on a different company's branding needs. So let's close this one first. I will ask the client: would you like to release the full escrow payment? Or a smaller amount? If you suggest a smaller amount, I will probably agree to it.

Thank you, Preston! One more question. Will a refund affect my JSS?
petra_r
Community Member


Alexey T wrote:
Thank you, Preston! One more question. Will a refund affect my JSS?

No, but there is absolutely no need to make the client jump through all the hoops of ending the contract and waiting for a refund and all that unneccessary stuff at all.

 

Just tell the client you're really happy to work on that, complete the original scope, then propose a new milestone for the additional work on the same contract.

 

The less hoops a client is forced to jump through and the less reasons you give them to not start a new contract, the happier your client is and the more you earn.


Keep it simple.

alextooo
Community Member

Petra, thank you for your answer. The problem is that client is not going to complete the old project anymore. At least the next few months from his words.

re: "The problem is that client is not going to complete the old project anymore."

 

Better for client and freelancer both to have totally separate contracts.

 

I don't think they client is interested at all in having me finish the original project. So if I give him the opportunity to get money back from that contract, and let him say how much... I think he'll really appreciate that.

re: "Will a refund affect my JSS?"

 

No.

 

Refunds do NOT affect JSS.

 

But zero-pay contracts have a negative impact on JSS.

jessicasimko
Community Member


Alexey T wrote:
Hello everyone!
I’ve got a problem. Accepted an offer from a client to create corporate identity for his company. When I created some concepts of the logo, he asked me if I don’t mind changing the project scope and going from Corp identity for company 1 to logo/favicon/banner for company 2.

What should I do in this case? Should I ask for another contract to be created? Or is there a way to change details of this one since Che client’s not gonna return to this project in the next few months.

Previous job is not completed as soon as I managed to design only logo concepts of the whole odentity. Fixed price project.

Thank you.

I think... that if this is active now, this should solve your problem:

 

https://community.upwork.com/t5/Announcements/Milestone-Editing-for-Clients/td-p/675576


Jessica S wrote:

https://community.upwork.com/t5/Announcements/Milestone-Editing-for-Clients/td-p/675576


Nope, the client can only edit upcoming milestones, not active funded ones.

 

Preston you're setting him onto the slippery slope towards a nothing paid contract... If nothing from the current contract was done, asking the client to pay any percentage is a really bad idea. The last time someone followed that advice it ended incredibly badly.


Petra R wrote:

Jessica S wrote:

https://community.upwork.com/t5/Announcements/Milestone-Editing-for-Clients/td-p/675576


Nope, the client can only edit upcoming milestones, not active funded ones.

 

Preston you're setting him onto the slippery slope towards a nothing paid contract... If nothing from the current contract was done, asking the client to pay any percentage is a really bad idea. The last time someone followed that advice it ended incredibly badly.


I am not sure I understand the issue here though. I have had clients totally change funded milestones. One time there was a certain dollar amount funded for a certain type of work and the client didn't want that done anymore and wanted something else done which was a different dollar amount that was less than was what was funded. So we agreed on the cost and I completed the work on the existing funded milestone that was labled for something completely different than what I was doing. I submitted it, requesting less than what was funded.  She approved it and there was money left over. Then we we did go back to the original one, she created a new milestone- and added funds to that milestone so that it matched the price. I think this can work with decent clients anyway... It worked for me.  🙂

petra_r
Community Member

There is really no need to make it all so terribly complicated.

Agree on a price for the new scope (it sounds like less than the original scope), add the description in messages, and do the job.

 

Request the new price when done (if it is lower than the original one) and be done with it.

 

Edited to add:

 

 


Jessica S wrote:


I am not sure I understand the issue here though. I have had clients totally change funded milestones. One time there was a certain dollar amount funded for a certain type of work and the client didn't want that done anymore and wanted something else done which was a different dollar amount that was less than was what was funded. So we agreed on the cost and I completed the work on the existing funded milestone that was labled for something completely different than what I was doing. I submitted it, requesting less than what was funded.  She approved it and there was money left over. Then we we did go back to the original one, she created a new milestone- and added funds to that milestone so that it matched the price. I think this can work with decent clients anyway... It worked for me.  🙂


I don't understand the issue either. Exactly my point.

The more fuffing about and contract closing and rehiring and mess and loop hopping, the more scope for it all going terribly pear-shaped.


Petra R wrote:

There is really no need to make it all so terribly complicated.

Agree on a price for the new scope (it sounds like less than the original scope), add the description in messages, and do the job.

 

Request the new price when done (if it is lower than the original one) and be done with it.

 

Edited to add:

 

 


Jessica S wrote:


I am not sure I understand the issue here though. I have had clients totally change funded milestones. One time there was a certain dollar amount funded for a certain type of work and the client didn't want that done anymore and wanted something else done which was a different dollar amount that was less than was what was funded. So we agreed on the cost and I completed the work on the existing funded milestone that was labled for something completely different than what I was doing. I submitted it, requesting less than what was funded.  She approved it and there was money left over. Then we we did go back to the original one, she created a new milestone- and added funds to that milestone so that it matched the price. I think this can work with decent clients anyway... It worked for me.  🙂


I don't understand the issue either. Exactly my point.

The more fuffing about and contract closing and rehiring and mess and loop hopping, the more scope for it all going terribly pear-shaped.


yea, I DEFINITELY would not be closing and creating new contracts because of this. Just work off the existing dollars... and make it work based on a verbal agreement. It doesn't actually matter what the milestone says it is... it just matters that the right amount of money is funded and/or requested upon completion.

Fully agree with you both. Just establish new deliverables with client. Make sure it's clear in the messages what deliverables are (and maybe how many concepts/designs to be delivered); get agreement and then start working. 


Petra R wrote:

 

Preston you're setting him onto the slippery slope towards a nothing paid contract... If nothing from the current contract was done, asking the client to pay any percentage is a really bad idea. The last time someone followed that advice it ended incredibly badly.


The OP did do some of the work - he provided logo concepts, which (for me, anyway) would have taken several hours. Therefore I think that it's reasonable to request a partial payment in order to cover this work. For the client to say that he needs a different logo for an entirely different company - that's additional work that was not agreed to. And the problem with simply accepting the new terms is that the OP also says that the client is "not going to return to this project in the next few months" (read: maybe never), and if that's the case, won't the escrow payment be returned to the client and it'll impact JSS as a no-pay contract anyway? Wouldn't it be better to get paid for the initial concepts now, leave the contract open, then the client can add new milestones if and when he's ready to continue?

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