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Re: Client wants to pay 50% for about 95% of the work?

Community Guru
Jennifer M Member Since: May 17, 2015
51 of 62

Hi Michael, thank you for the update. It's hard to know when it's time to cut off contact and let the dispute team assist. If it's anything like Elance's dispute process, it requires you to try to resolve it first so I think it's a good idea.

 

Remember to be careful with what you say,  because it will be used during the dispute. But I think it will look good if you try to resolve the issue and he just ignores you. Although, at the same time, if he's made up his mind, sometimes it's smarter to say nothing.

 

Worth a shot. I've always wondered how disputes pan out for other people. I've had good outcomes.

Community Leader
Michael Z Member Since: Jul 19, 2015
52 of 62

We have  entered the dispute...honestly didn't want ti to come to this.

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Community Leader
Michael Z Member Since: Jul 19, 2015
53 of 62

Another update:

So I finally got a response today. Apparently me and the client are supposed to come to an agreement and if not,  it will be moved to arbitration for a fee which would exceed the amount I would be paid. 


They sent the wrong message to me (it was intended for the client). Stating that they have to specify an amount they're willing to pay. Now I don't expect them to specify an amount, but I'll see how it goes. 

Obviously, it isn't worth it moving such a small contract to arbitration. 

Community Guru
Preston H Member Since: Nov 24, 2014
54 of 62

Michael, thank you for the update.

your story reinforced my perspective on disputes, which is that if you enter into a dispute, you have already lost.

Community Leader
Michael Z Member Since: Jul 19, 2015
55 of 62

Indeed. It's bothersome for both parties involved.

I am/was new to upwork at the time. I think the effort put into it is usually not worth it. And it's worth more to focus on other projects.  I have learned that now and will keep that in mind for in the future. Although, I'm hoping this is the only "bad" client interaction I will encounter. 

 

Ace Contributor
Fatima A Member Since: Sep 26, 2013
56 of 62

@Michael Z wrote:

Another update:

So I finally got a response today. Apparently me and the client are supposed to come to an agreement and if not,  it will be moved to arbitration for a fee which would exceed the amount I would be paid. 


They sent the wrong message to me (it was intended for the client). Stating that they have to specify an amount they're willing to pay. Now I don't expect them to specify an amount, but I'll see how it goes. 

Obviously, it isn't worth it moving such a small contract to arbitration. 


 So basically, freelancers pay to get screwed over? (-_-)

 

Why on earth is the arbitration fee not a percentage of the total contract amount? Presumably, Upwork does not waive its usual fees from the amount even if you were to win it, so the arbitration fee would be on top of that--even if they want to be paid for their time and to discourage frivolous disputes, this would work. And it would empower everyone to stand up to exploitative clients, regardless of the contract size. Not all freelancers begin to win $200+ jobs straightaway.

 

EDIT: Ah. Apparently, it's because Upwork doesn't handle arbitration itself at all.

"Fees

The fee for Arbitrations by the AAA is $875, regardless of the amount at issue.

Each of the Dispute Parties and Upwork will share the cost equally ($291 each).

Client and Freelancer will solely bear and pay any other costs it incurs related to the Arbitration."

Source: https://www.upwork.com/info/terms/escrow/fp/

Community Leader
Michael Z Member Since: Jul 19, 2015
57 of 62

The arbitration fee is 875 USD. So yeah...

 

That amount is split 3 ways between upwork/client and the freelancer (291 each).

 

So to even consider that arbitration fee worth it, the project would basically have to be worth significantly more than that.

Community Leader
Michael Z Member Since: Jul 19, 2015
58 of 62

Last update:

Won the dispute... or not won, but I received 50% of the payment.  
I was contacted by upwork and they told me that the client was willing to release payment if I were to change their feedback. Kept my word and gave them positive feedback. Payment was released and is now pending.


Guess everything worked out for me. 

Community Guru
Jennifer M Member Since: May 17, 2015
59 of 62

Glad to hear it worked out for you Michael. Release of funds contigent on good feedback is kinda worrisome considered CS was OK with it.

 

I suppose it's better than arbitration!

Community Guru
Douglas Michael M Member Since: May 22, 2015
60 of 62

@Jennifer M wrote:

....Release of funds contigent on good feedback is kinda worrisome considered CS was OK with it....


OK, let's see if I've got this right:

  • Clients using the threat of bad feedback to skip or skimp on payment is against ToS
  • Clients demanding good feedback for half payment is fine and dandy, and recommended by CS, presumably on higher authority.

@I would love @Upwork to comment on how my interpretation is wrong.

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