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Help with Dispute please!

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Community Leader
Nikolaos A Member Since: May 7, 2015
1 of 11

 Who knows what is the best to do in relation to disputes please?

 

I have a client for a small architectural project. I was in close communication with him, prepared alternative designs for him to choose from, responded to his feedbacks preparing additional modified designs. He made his choice for a preferred design and I prepared a final high resolution copy of it with more realistic textures and shadows. During this whole process, everything seemed to be like a usual process of cooperation with exchange of ideas with a mutual target to end up to the preferred result for the client. Once I submitted to him the final image, he asked if he could send one more feedback to change or improve the final image. I replied to him "yes, as long as the changes are not so extensive to become an entirely new design"

After 2 days, I kindly asked him this morning if he has thought about any changes in order to finalize the job. He didn't respond until this evening, where he simply ended the contract and requested refund from escrow without even notifying me beforehand! After a while, he sent me a message to inform me that his brother (who is partner in same business) was very disapointed from me and my work, and therefore he decided to hire a local in-person designer.

 

So my questions are:

 

1. How can the dispute team judge if I delivered the work described on the contract? How can they understand the quality of my work?

 

2. Are we adviced to go to dispute in similar cases or not? If you loose a dispute, does this affect your JSS? 

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 11

Hi Nikolaos,

 

If you believe you've delivered the work as agreed, you can dispute the client's refund request. Upwork team will assist you with communicating with the client and coming to a mutual agreement. Please, refer to this post for more information about Upwork dispute process. 

~ Valeria
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Community Guru
Elba A Member Since: Feb 28, 2017
3 of 11

@Nikolaos A wrote:

2. Are we adviced to go to dispute in similar cases or not? If you loose a dispute, does this affect your JSS? 


The dispute per se cannot affect your JSS, client's feedback (public & private) yes!, but if the client already ended the contract, the feedback already happened (when he/she closed/ended the contract he/she was forced to leave feedback).

 

So at this point, you can do whatever you feel is right, because the worse case scenario (bad or good, private or public feedback) has already happened.

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Community Guru
Jennifer R Member Since: Sep 15, 2017
4 of 11

Have you requested the release of the payment before the contract was closed?

 

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Community Leader
Nikolaos A Member Since: May 7, 2015
5 of 11

Yes I have requested approval of the current milestone and was expecting some feedback.

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Community Guru
Jennifer R Member Since: Sep 15, 2017
6 of 11

Just lean back and relax then. You did everything you had to and could do. There should be no reason why you won't get paid by the client. He probably has given you a negativ feedback but don't worry about that. You leaned about it a while ago. You can always recover. Just remember to leave an honest feedback to the client.

 

When I work for a new client I always wait a few days once the contract is closed to see if the client reaches out. So far I have been lucky but I don't want to leave a good feedback and get stabbed the next day.

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Community Guru
Prashant P Member Since: Sep 29, 2015
7 of 11

Well as others have pointed out the feeback is in past tense.  So now whatever you do is about the money.  The mistake you made was delivering final hi-res images.  Now you can go through the dispute process.  It will drag on for about a month and the buyer can't ask for money that is already paid (I believe you have to hit 28 days as a majic number since last payment) and if you believe you are in 'right' go to arbitration as well.  It will cost you about $300.  If you win you get the money (less $300).  Now if the buyer does not pony up his $300.  You get the escrow amount + $300.  Of course if you lose you are out $300 + money in escrow.

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Community Leader
Nikolaos A Member Since: May 7, 2015
8 of 11

Why is a mistake to deliver final images?? Of course I did that by requesting milestone approval. I don't think any client will pay you before receiving the final delivery. At least to my experience!

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Community Guru
Preston H Member Since: Nov 24, 2014
9 of 11

I always provide clients with the finished, usable files (for example, the high-resolution files).

 

I don't agree with the suggestion to hold back the final version until after payment has been received. That is not how the system is designed.

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Community Guru
Prashant P Member Since: Sep 29, 2015
10 of 11

Preston H wrote: That is not how the system is designed.

 


 Yup when you have trustworthy buyers, the system works the way it is intended.  He followed and gave the final product and is out of money.  Even if you give hi-res files, can you put a watermark or something.

 

And if the system was designed to protect, we wouldn't have half a dozen posts a day in which a freelancer is out of money.

 

Another approach you may want to use is to front-load your milestones.  So you are not out too much money.

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