Creating a contract for spec work

[heather_lusk]

I know I can't (and really shouldn't) create spec work for a client without a contract.

I also know that I can't propose a contract unless the client and I have previously worked together. 

I've read in several locations that people have done some spec work, paid on an hourly basis, for new clients. 

Here's my deliemma - I have a client who wants me to create material but doesn't want to commit to his original contract of six+ months of work if the initial deliverable isn't up to par. Totally understand - I don't have his specific requirements in my portfolio but have done some slightly similar work. He wants me to create something on spec (paid). I can't create a contract for this work because he's not a client of mine. Would he need to create a completely new contract from scratch and post it publicly? Then hire me from that? Or can he propose a new contract just for me? 

[prestonhunter]

re: "I can't create a contract for this work because he's not a client of mine."

Um....

As a freelancer, I have NEVER created a contract.

Clients have always created the contracts.

Sometimes I write the contract wording. But the client is the person who has created all of the contracts that I have been hired with on Upwork.

re: "Would he need to create a completely new contract from scratch and post it publicly?"

He could do that.

But he does not have to do that.

He can create a new contract and post it privately.

He can create a contract by "cloning" an existing contract.

Regardless of whether the client creates a new contract from scratch or clones an existing contract, the client has the ability to post the contract as a private/hidden job posting. And then he can use that contract to hire you directly. Or he can send you a private invite.

[feed_my_eyes · Accepted solution]

I'm assuming that this is a fixed price project (otherwise you could just do an hour or so of work, and track it). So, go to the project page, click on "Change terms", type in your price for the spec work, then specify the new deliverables in the message box. Then the client can accept your bid. And if he decides to hire you for the rest of the job, he can just create a new milestone.

[heather_lusk]

Perfect solution Christine - thank you!

I'd suggest to anyone who hasn't considered putting together a contract to keep an open mind. One of my first clients mentioned that she was too busy to do the work herself, the reason she hired me. I found out she needed help in a few other areas too but didn't seem to have time to find someone to do it. It was a win win situation for both of us - I submitted the contract which took no time at all, she accepted and I got another job and saved her time which she really appreciated. It's not always going to work that way, but it seems better to look for a partnership with a client than to assume each job is one and done. 

[feed_my_eyes]

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Heather L wrote:

...it seems better to look for a partnership with a client than to assume each job is one and done. 

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Quote of the day.