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ajlavaud
Community Member

DISPUTE/ARBITRATION

Hello everyone. I need your opinion on this matter. I have recently got a contract of $400. We both set the milestones and agreed on each term. Although the client did not get all the data because of the COVID-19, I accepted to start the work. After every work submitted for the 2 first milestones, I asked the client for corrections and comments. We ended up having 3 drafts before the prefinal. When I submitted the prefinal work for corrections, surprisingly, the client told me that a friend took a look at it and it is not what has been asked.

I gently told him that I was sorry to hear that although I followed precisely his instructions and always asked for his comments on it. He could have asked that friend to look at it after each milestone.

He first asked a refund of $60 in the first milestone and to get the remaining $80 on the escrow. I accepted his request. Then, he asked for the totality of the 2nd milestone ($160) and said that after thinking about it, he can only pay $100 since I took some of my time to work on this project.

I told him no way. He then filed a dispute and already said that he would have no problem to pay the arbitration fees for this matter.

I understand that refunding the totality is less than paying the arbitration fees but it just seems unfair to see people play with you and your time and get away with it like this. I just feel like it’s just a game for him and since I refunded part of it already, he just said to himself “let’s go for more”.

1) Can he do that while there’s no fund in the escrow? I released everything to him already.
2) If he goes to arbitration, am I obliged to pay the fees? If no, is there any consequences?
3) Can there be an arbitration decision against me if I don’t pay the fees since I already released to him the escrow fund?

Thank you for your help!
ACCEPTED SOLUTION
petra_r
Community Member


Anne Jennifer L wrote:

1) Can he do that while there’s no fund in the escrow? I released everything to him already.
2) If he goes to arbitration, am I obliged to pay the fees? If no, is there any consequences?
3) Can there be an arbitration decision against me if I don’t pay the fees since I already released to him the escrow fund?


1. Yes, if he is disputing the previous milestone(s)

2. He won't, but yes, if he does you have to, too (or refund). The consequence of not doing so woud be a suspension.

3. If you don't pay there will not be any arbitration.

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3 REPLIES 3
petra_r
Community Member


Anne Jennifer L wrote:

1) Can he do that while there’s no fund in the escrow? I released everything to him already.
2) If he goes to arbitration, am I obliged to pay the fees? If no, is there any consequences?
3) Can there be an arbitration decision against me if I don’t pay the fees since I already released to him the escrow fund?


1. Yes, if he is disputing the previous milestone(s)

2. He won't, but yes, if he does you have to, too (or refund). The consequence of not doing so woud be a suspension.

3. If you don't pay there will not be any arbitration.

ajlavaud
Community Member

Thank you! Can he sue me even if there’s no arbitration?
petra_r
Community Member


Anne Jennifer L wrote:
Thank you! Can he sue me even if there’s no arbitration?

Theoretically, yes. But it's unlikely.

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