My Client and I is still not agreeing on the project requirement after multiple deliverables

[jeffrycube]

Hi Everyone,

Just wanting to know your thoughts on this.

I specialized in creating solutions in Excel VBA. I'm working on fixed-price contract with a client(who happens to have another client who will be the one using the tool) for 4th week now. With that span of weeks, I have sent 3 deliverables for her to take a look at and we're able to have a call twice to discuss things. But it seemed like she wasn't able to provide a clear requirement, and it feels like a guessing game on my part, and I just wanted to end the contract.

First deliverable: Sent her an initial deliverable for her to take a look at(sort of a prototype/template). But she seemed busy and wasn't able to provide a feedback if it's okay with her. So I continue to do my thing

Second deliverable: Created the Excel tool with VBA code in it. I've spent somewhere like 2-3 days(minimum of 8 hours per day). Had an opportunity to call with her to discuss. I found it that it is not what she's expecting. She's asking for this and that. 

Third deliverable: Implemented what we have discussed(spent around the same time with 2nd deliverable) but told me it is still complicated to use. She asked if I could simplify it.

Fourth deliverable: Just Sent her another prototype/template now and is I'm now waiting for her thoughts.

My plan is that, after the last deliverable if we still won't agree things/meet in the middle. I just want her to end the contract and told her to maybe find someone else to work on the task. Since from this point in time, I feel like we're still not in the same page and it's consuming time and effort on my end(given that it's a fixed-price contract and I haven't been compensated yet).

What should be the appropriate action on my end so it won't affect my JSS as this is my top concern?

[prestonhunter]

Your problem is that you have a fixed-price contract with an hourly client.

This client is incapable of understanding the fixed-price contract model. You should only work for this person using hourly contracts.

If it was me, I would tell the client:

"Thank you for your notes. I can continue helping you with this. But first you need to release the escrow payment and close the contract. After that, we can set up a new hourly contract to do whatever you want."

That is all. That is clear.

After that YOU MUST DO NOTHING. Don't make changes. Don't do any new work. Don't answer questions. Nothing. This is not a discussion. It is not a negotiation.

[jeffrycube]

Hi Preston,

Thanks for your prompt response. But I don't feel like asking her for releasing the payment when she feels like she doesn't get the completely usable tool. And even so, I'm hesitant if she will leave a bad feedback.

[prestonhunter · Accepted solution]

re: "Thanks for your prompt response. But I don't feel like asking her for releasing the payment when she feels like she doesn't get the completely usable tool. And even so, I'm hesitant if she will leave a bad feedback."

Okay.

I told you what I would do.

But this is not my contract.

I can not make the decision for you.

If you are not willing to ask her for payment, then you need to understand that you are WASTING YOUR TIME by continuing to work for this client.

You are working for free. You should not work for free on Upwork. That is not what this platform is for.

If you are not willing to ask this client for payment, then I recommend you do this. Tell her:

"Janice, I appreciate the opportunity you gave me to work on this project. Unfortunately, it appears that I am not the person you need for this project. I am closing the contract now. All of the money in escrow will be returned to your credit card within 5 business days. You do not need to take any further action. All of the work that I have done up to this point belongs to you to use as you see fit."

Then you need to CLOSE THE CONTRACT.
When you close the contract, you will release all escrow money back to the client.

After that, if the client does nothing, there will be NO FEEDBACK AT ALL, and this contract will not affect your JSS in any way.

If the client asks you to do something else for her, or asks any questions, then tell her:

"Janice, I will be happy to help you with this and answer any of your questions, after you use the client-side Send Bonus tool to pay $XXX.00"

If she pays you that money, and if the feedback she left you on that contract was positive, then you may continue to help her AFTER she creates a new hourly contract.