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464b1572
Community Member

Contract modified after submission of work instead of adding milestone

I started a contract with a client on Oct 5, 2021, and submitted my work for it on the same day, My client made a small customization request which didn't take much time so I did it and submitted work again the next day, and also because I'm new here, I have been focused on building my profile and get work.

 

The work has already been submitted twice based on the client's requirements and what was discussed earlier.

I requested him to pay after the second submission, then instead of approving the request, even though he said himself that my submission worked successfully for him. He set up a call and made further customization requests which are way more complicated than what was discussed before and what was in the contract. In the call, in addition to these modifications, That looked like a problem from the backend server of his team(which was not the job at all). I explained to him politely that he should speak with the backend developer in his team who's working on it. But he said he wanted it to be done further in the project.

At the time, he did agree it's additional work. I discussed with him and we both agreed there would be another milestone made with separate payment for it. After that he texts randomly sometimes in the gap of a day or two, asks for a time to have a call, I share my availability, then he disappears for some days again. Several weeks have passed since then and the contract is still open and there's no surety of what he wants and he never shows up on the meeting time.

 

On Oct 16, instead of adding that milestone as we discussed, He requested for modification in my last submission. I read some similar forums, It looks like if work is submitted and confirmed(he said in the chat before), then I should be paid for that. And I read that payment gets transferred from escrow after 14 days if the client doesn't take any action. But I'm not sure what happens when the Client modifies the contract without informing first and especially when it was agreed for new work to be added in new milestone.

 

Does it mean that if I don't submit the work again as per his new requirements(which I never accepted in the original contract), then I won't be paid? That doesn't seem fair to me and I also don't know what to do in this situation. I have been very responsive and helpful to him. Even when he didn't respond, I timely check on him if he's available or not but he is mostly offline and responds after days. I highlighted the same thing to him also, saying that we discussed for new milestone and the contract shouldn't be modified like that(he kept the payment exactly the same which was low even for the original contract), but he said we'll discuss it over call and then he disappeared again. It's highly unprofessional and unfair to freelancers and I want to know how I should approach this situation further.

10 REPLIES 10
prestonhunter
Community Member

Hi Preston,

Thank you for sharing. I read the document. I also received a mail from the Upwork team, they asked me to request the client one more time, I sent a text and will wait till tomorrow morning. If he still doesn't respond or approve the payment, I will file a dispute.

re: "I sent a text and will wait till tomorrow morning. If he still doesn't respond or approve the payment, I will file a dispute."

 

That sounds like a good plan.


If it was me, I would not send a separate note or message to the client.

 

I would use the "Submit work for payment" button one more time.

 

And I would wait.

If the client DOES NOTHING then I will get paid automatically after 14 days. (Technically: 15 days).
I would wait the full amount of time, doing nothing.

And if payment is released to me, I will then close the contract.

 

But if the client clicks a button to block payment again, then I recommend you file a dispute.

I did that too before sending the message. I used the request payment button again and added a note that he should not modify the contract and can add milestones separately. Though I had already had a discussion about it earlier, I didn't understand why he did that and he never responds to texts.

It seems like for a small amount he expected to get a lot of work done for free, as in a call he asked me about my skills and suggested I should recommend him technical solutions to a few problems in his projects at his company. I tried to be polite and asked him to discuss it in the future after the current contract. But wasted a lot of my time.

 

Also, this is what happens everytime:

 

He asks me for a meeting

I share a time and previously requested him to be available too many times

At the meeting time, he doesn't show up, neither does he respond 

He leaves a text 3-4 days after and asks for a meeting again

This has been going on repeatedly last few weeks.

except just last week, when he requested changes in the current milestone and modified the contract without saying anything. And he also never responds to any texts.

I am assuming he comes online once in a few days. I'm not sure if he's even serious about anything as he already has the work I submitted.

Wow. Yeah... This client is completely clueless about how Upwork is meant to be used, and has no concept of how to use fixed-price contracts properly.

 

Or he DOES know but he's just a bad person.

g_vasilevski
Retired Team Member
Retired Team Member

Hi Pooja,

 

I'm sorry to hear about the bad experience you have with your client. Our team will also reach out to you via ticket as soon as possible and will assist you further. Thank you.

~ Goran
Upwork

Hi Goran, Thank you for your response. I have received the mail and will follow the steps as advised by the Upwork team. 

martina_plaschka
Community Member

You need to be professional, but firm. You were too nice. You need to be paid for your time, and the only way that happens is if you insist on the proper milestones. Serious clients don't take advantage of freelancers. 

re: "I started a contract with a client on Oct 5, 2021, and submitted my work for it on the same day, My client made a small customization request which didn't take much time so I did it and submitted work again the next day"

 

You should have never agreed to that first instance of free work.

 

You would have been better off if you never opened the door to this sort of bad client behavior.

 

When you finished the task you were asked to do, it was time for the client to release payment as agreed.

 

If the client wanted something else done, you should have given the client three choices:

 

a) Create a new hourly contract to pay for additional work.

b) Pay an advance bonus payment of $X00 to do this next task.

c) Create a fixed-price milestone for $X00 to do this task.

 

Then it is the client's choice. The client pays for new work. Or the work does not get done by you.

Hi Martina, 

You're absolutely right. Would keep that in mind for future projects. Thank you for your response.

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