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Client didn't pay, instead changed the milestone.

Active Member
Abhishek R Member Since: Mar 1, 2017
21 of 23

Thanks Mariam & Robin for your valuable inputs. I will put whatsapp screenshot over chat window and make him aware of the fact that things are being recorded. Thanks again.

Active Member
Abhishek R Member Since: Mar 1, 2017
22 of 23

Here is the latest update.

He was blaming me for the delay so I mentioned the whole story over the Upwork message box in points & pasted WhatsApp last conversation screenshot. I am sure he was shocked since after that he was very specific and funded the next milestone ( 3rd milestone- shop section) very next day. Looking at his past behavior I didn't accept the milestone since the dates were not acceptable to me. I shared my terms along with the 4th milestone of support for 1week. FYI, 4th milestone was free support of one month up to 31st August however I agreed to him with 20% project cost as the 4th milestone. Now he wanted that support milestone to extended to 30th September. I gave him my best option of up to 10th September. Finally, he canceled the contract today & requested the refund of the 3rd milestone of 'Shop Section'.
Now here is my question & needs community's guidance- 

I worked for his corporate website and he made me do changes up to his wish for almost 20 days. During the engagement period, I worked over his shop section as well which was supposed to be 3rd milestone, but yes that was not completed since he wanted corporate website changes to be done first. In short, he made me work over the shop section and also took support for about 20 days. Now his 3rd milestone (shop section) payment is in Escrow and he has requested a refund. Can I file a dispute & ask for partial payment for the support provided and the work done over the shop section? 
Please note all the data and website were developed on his server and he has everything with him.

Community Guru
Richard W Member Since: Jun 22, 2017
23 of 23

Abhishek R wrote:

Here is the latest update.

He was blaming me for the delay so I mentioned the whole story over the Upwork message box in points & pasted WhatsApp last conversation screenshot. I am sure he was shocked since after that he was very specific and funded the next milestone ( 3rd milestone- shop section) very next day. Looking at his past behavior I didn't accept the milestone since the dates were not acceptable to me. I shared my terms along with the 4th milestone of support for 1week. FYI, 4th milestone was free support of one month up to 31st August however I agreed to him with 20% project cost as the 4th milestone. Now he wanted that support milestone to extended to 30th September. I gave him my best option of up to 10th September. Finally, he canceled the contract today & requested the refund of the 3rd milestone of 'Shop Section'.
Now here is my question & needs community's guidance- 

I worked for his corporate website and he made me do changes up to his wish for almost 20 days. During the engagement period, I worked over his shop section as well which was supposed to be 3rd milestone, but yes that was not completed since he wanted corporate website changes to be done first. In short, he made me work over the shop section and also took support for about 20 days. Now his 3rd milestone (shop section) payment is in Escrow and he has requested a refund. Can I file a dispute & ask for partial payment for the support provided and the work done over the shop section? 
Please note all the data and website were developed on his server and he has everything with him.


Bear in mind that a client is under no obligation to proceed with unactivated milestones. If he had closed the job after paying for the second milestone (without activating the third one) you would have had no grounds to dispute a refund of escrow. Now that he has activated the third milestone that money is potentially available to you. But the work that you did on the shop section was done during the time of the second milestone, and I don't know whether an arbitrator would be willing to count that as work done toward the third milestone. So going to arbitration would probably not be worth the risk.

 

I would go through the Upwork mediation process, which doesn't cost you anything, and suggest a compromise where you receive part of the money for the third milestone.

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