Lack of response and information from my client

[catherinebeo]

Hi! Please, help me, I don't know how to manage this situation correctly. My new Upwork client doesn't respond me. I can't finish my work because I need his response (he said that he will communicate me new details about this task and get offline for more than one week already). Even if I spent 1-2 hours for this task, I can't complete it due to lack of information from my client, so I don't pretend to be paid. Can I simply end this contract without impacting the JSS?

[25005175]

Do not end your contract. Simply wait. If it is a Fixed-Price contract, Upwork has a "dormant" project protocol. If it is an hourly job, any hours that you logged that qualify for the Hourly Protection will automatically be paid to you.

[catherinebeo]

Hi Jonathan, thank you for your reply. Yes, it's a Fixed-Price contract. But I didn't submit work for payment because I cannot complete it due the client's absence. So am I just waiting without submitting for payment?

[25005175]

Yes. As annoying as it can be (and as painful on your bank account), you just wait. Life happens. Clients can go incommunicado for many reasons.

The only caveat is if you have uploaded any work content, like a draft or concept art. In that case (and if the client's absence is prolonged), my suggestion is to submit the work you have so far for approval, but request a smaller payment than what has been funded, so that it is commensurate with the work that you have already provided.

[catherinebeo]

Thank you for the idea.

[r2streu]

One way to help deal with this, particularly if it is a multi-stage project, is to create milestones when you set up the contract. You do the first part, you get paid. And so on. 
It's also a little troubling that you're ON a fixed-price contract and awaiting instructions from your client. You should have the complete scope of the project before setting a price. This would also save you from future headaches. 

I suggest a combination of these strategies. Know the scope first and price it accordingly. If there are edits, know how many edits you'll allow, etc. AND, set up milestones so once the first draft is in, you're getting paid, and then a second milestone for final approval.

[25005175]

It's also a little troubling that you're ON a fixed-price contract and awaiting instructions from your client. You should have the complete scope of the project before setting a price.

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It may not be a scope issue - it may be that the client hasn't yet provided resources or further direction for the job to proceed past an initial concept/draft.

[r2streu]

Agreed; that's another reason the milestones are important. But to be honest, the only situation in which the need for further direction is NOT a scope issue is in the event of project edits. Now, resources, sure. If the freelancer is waiting on pieces from other team members in order to be able to do her job or whatever, it's understandable. But if she's sitting on a project and doesn't know what to do next, that's part of scope and should have already been communicated and factored in. 

Either way, it's a learning opportunity. Set up milestones. If you can do the first part but need the client before proceeding, that should be a milestone. If your client flakes out, you shouldn't be out YOUR time without compensation. 

[catherinebeo]

Hello Randall, thank you for your reply. Even though this is a fixed-price project, the client told me that he needed to clarify one detail and he would get back to me later. After that, he disappeared.

[r2streu]

If your project is close to finished (save for that one detail), then I would submit work for payment. Explain in the text that you will be happy to address the issue in question once it is clarified. This will more or less force their hand/light a fire under them to get it done. It also keeps you protected because in order to NOT pay, they'll have to present a case to arbitration. Which is a pain. 

[25005175]

It also keeps you protected because in order to NOT pay, they'll have to present a case to arbitration.

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Not exactly. Went through arbitration recently, so I know the course of events pretty well. The client can get away with non-payment prior to arbitration by doing any of the following, if Ekaterina does not reply appropriately in time.

1. Client closes the contract without approving a milestone, even after submission, and requests a refund. (To counter, Ekaterina must dispute the refund request within the time allotted).
2. Once the dispute has a mediator assigned, Client responds to the mediator and requests the refund. (To counter, Ekaterina must reply to mediation within the time allotted).
3. The client formally requests arbitration and puts up their third of the arbitration fee. (To counter, Ekaterina must formally agree to arbitration and pay her third of the arbitration fee within the time allotted.)
4. Client provides statement to arbitrator and, in general, actively and timely engages the arbitration process. (To counter, Ekaterina must also actively and timely engage the arbitration process.)

After all of that, the Client only gets away with non-payment if so awarded by the arbiter.