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My client threaten me!

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Ace Contributor
Duy N Member Since: Mar 20, 2020
1 of 10

I receive an Upwork contract with her since March. At the beginning, I estimate it can be done in early May. But after that, it is unable to complete in early May. When early May come, they quarrel me because of deadline. Then, we postpone the deadline to first June. However, the app cannot be done by first June. After that, we agree to postpone the deadline to 17 June and they threaten me they will do legal action on me if I hit the deadline again and the app must be perfect. It really make me worry and unable to concentrate to the work. They told me they lose money because of delay, but there is not any mention about it at the beginning. Now, they want me pay them compensation and they haven't told me how much I have to pay. I feel so upset about them. So, I end the contract on Upwork solely. I do not care how they give me feedback on Upwork.

 

I hold hourly contract with them, but they force me charge them by the time that I gave them as estimation at the beginning. They force me a lot of work but do not agree to pay more. I work for them just because I want to build my Upwork profile.

Now they threaten me about compensation because the delay, I have agreed to pay them US$1500 because compensation, but they still threaten me if I do not handover this project well, they will seek me to legal action.

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Community Guru
Amanda L Member Since: Jan 23, 2018
2 of 10

When you say "pay" do you mean refund? 

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Ace Contributor
Duy N Member Since: Mar 20, 2020
3 of 10

Yes, I told them I agree to refund about 30% amount of money of the project. And, the project has done 95%. They threaten me a lot, so I end the contract solely.

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Community Guru
Amanda L Member Since: Jan 23, 2018
4 of 10

Duy N wrote:

Yes, I told them I agree to refund about 30% amount of money of the project. And, the project has done 95%. They threaten me a lot, so I end the contract solely.


It's hard to know everything that happened, but if you couldn't deliver on time and were holding up their project, then refunding partially and closing the contract may be the best way to just end the misery. Regardless of anything, you don't deserve to put up with threats. Your JSS will take a dive, but in the future be careful to make sure you understand exactly how urgent a client's delivery deadline is to make sure you can commit to the project. 

 

Also, it's fine to quit. They may raise a dispute to request a further refund. Do not do any more work. Turn over all files and code and let them continue with someone else. If they request additional refunds, consider refunding more since you did not meet their requested deadlines more than once. If you can get a small payment, that is good. I know it sucks, but it sounds like you were overly ambitious in accepting their offer. And perhaps they were overly ambitious to think it could be done so quickly. But you've learned a lesson. All you can do is pick up and move on. 

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Active Member
Rodrigo S Member Since: Jun 3, 2020
5 of 10

Hi Duy. 

 

When you are new on UpWork, the better is to do realistic deadline to the client. If you refund your client, any way he can leave you a bad feedback, and it can harm your score on UpWork and lower your profile.

 

I think you wouldn't close the contract solely. If 95% of the job was made, do the remaining 5%. Negotiate with your client: if he don´t harm your feedback, you refund the 30% of the money paid. But never, never close a contract without a conversation. 

 

Another option is to ask for help to UpWork Support team. They are very professional in conflict solutions, they can contact your client on your behalf and bring some "peace sense" to this dispute. I think this is the better way you can do right now. 

 

But from here ahead, never promise a straight deadline, think about any problem that can occur in the way, and you would need more time to solve all problem and deliver on time. It is better to deliver before the deadline instead of delay the project. 

 

 

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Ace Contributor
Duy N Member Since: Mar 20, 2020
6 of 10

If they don't threaten me by told me seek me to legal advice. I will complete the task for them.

We hold hourly contract, but they do not accept to pay me any more hours.

I wonder that if they seek me to legal action, are they able to do that? We only hold Upwork contract. I don't know about how legal of Upwork contract is.

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Community Guru
Petra R Member Since: Aug 3, 2011
7 of 10
Duy wrote:

 

I wonder that if they seek me to legal action, are they able to do that? 


Of course they "can" - especially as they are in the same country as you are.

 

You are a month and a half past the deadline, over budget, the client still hasn't got what they paid for, and you wonder why the client is upset? 

 

Rodrigo S wrote:

Negotiate with your client: if he don´t harm your feedback, you refund the 30% of the money paid. 


Are you trying to get him suspended? That is terrible advice. Feedback manipulation is strictly forbidden and a violation of Upwork's terms of service.

 

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Ace Contributor
Duy N Member Since: Mar 20, 2020
8 of 10

Yes, we are in the same country. Suppose they seek me to legal action. May I have to pay more than all money I get from them. So far, I earned US$2600 from them, it is fine for me to refund all this money. But I concern they will seek me for a lot of money for compensation.

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Community Guru
Petra R Member Since: Aug 3, 2011
9 of 10

Duy N wrote:

Yes, we are in the same country. Suppose they seek me to legal action. May I have to pay more than all money I get from them. So far, I earned US$2600 from them, it is fine for me to refund all this money. But I concern they will seek me for a lot of money for compensation.


You need to work this out with the client but you really seem to have messed up big time.

In theory the client "could" sue you for damages and in theory you could be held liable for their legal costs *IF* it ever went that far. The legal costs alone could be considerably more than you've been paid. I assume you don't hold any professional liability insurance?


You really messed up letting it get so far out of hand. It seems you were in well over your head and didn't take it seriously. Closing the contract incomplete was a poor idea too.

 

You need to work this out with the client. This is the time to start behaving like a professional and sort out your business relationship.

 

Also, expect your JSS to take a huge nosedive considering the calculation is Dollar weighed...

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Moderator
Joanne Marie P Moderator Member Since: Nov 26, 2017
10 of 10

Hi Duy,

 

Could you please send me a PM with more information so I can check this for you? You can PM me by clicking on my name. Thank you!


-Joanne
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