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New milestones

Ace Contributor
Clark K Member Since: Sep 7, 2015
1 of 14

Is is permissible, once a fixed rate contract has been approved, for a freelancer, who finds that the job has creeped beyond its original scope due to increasing requests for changes, etc., from the client, to ask the client to set up and fund a new milestone to cover the additional work?

Ace Contributor
Maria P Member Since: Jul 14, 2019
2 of 14

A client can fund the next milestone only when the currently funded milestone is released.

 

When I was in a similar situation, my client opened another contract and funded the remaining amount.

Community Guru
Preston H Member Since: Nov 24, 2014
3 of 14

re: "Is is permissible, once a fixed rate contract has been approved, for a freelancer, who finds that the job has creeped beyond its original scope due to increasing requests for changes, etc., from the client, to ask the client to set up and fund a new milestone to cover the additional work?"

 

Clark:

PLEASE do not work for free.

 

If you have a fixed-price contract with a client, then the client is not allowed to ask for anything beyond the original scope. It does not matter what the reason is. If the client asks for anything different or anything more, then the client is violating Upwork ToS.

 

You SHOULD NOT agree to do anything beyond the original agreement unless the client closes out the current agreement, releases all money in escrow to you, and sets up a new fixed-price contract, a new fixed-price milestone, or a new hourly contract.

 

A client is acting unprofessionally simply by asking you to do something outside of the original agreement.

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 14

I recommend that freelancers who have questions about this concept simply think about it from the perspective of what YOU would do if YOU were the client.

 

Imagine that YOU hired a painter to paint your house for $500.

 

When the painter is half-way through, would you ask the painter to ALSO paint the shed and the fence, all for the same price?

 

Of course you wouldn't do that. You would ask the the painter how much he would charge to do that additional work.

 

HELP CLIENTS to do the right thing.

If a client asks for additional work, then explain how they can get that work done CORRECTLY.

Ace Contributor
Clark K Member Since: Sep 7, 2015
5 of 14

No one has answered the question yet.  Sometimes jobs tend to grow. A few unexpected changes are needed. The client wants to rework several files. I'm doing more work than I had expected to do. I want and deserve more pay. Is it permissible to ask the client to fund a new milestone that takes us beyond the original dollar amount of the contract? Or does Upwork expect me to refuse to do the extra work unless the client is willing to set up a new job? I beleive it is permissible for me to ask for an additional milestone. I just want confirmation. All I can find in Upwork help under "Propose Milestrones" is this: "Once a contract is created, all future milestone creation and updates must be done by the client." Which also doesn't answer my question.

Community Guru
Preston H Member Since: Nov 24, 2014
6 of 14

re: "Sometimes jobs tend to grow."

 

That is true.

But a milestone can not grow.

 

re: "A few unexpected changes are needed."

A fixed-price contract means you do precisely what is written in the original agreement. Nothing else.

 

re: "The client wants to rework several files. I'm doing more work than I had expected to do."

You shouldn't be doing that. I don't do that.

 

re: "I want and deserve more pay. Is it permissible to ask the client to fund a new milestone that takes us beyond the original dollar amount of the contract?"

 

Of course. How is that even a question?

 

re: "Or does Upwork expect me to refuse to do the extra work unless the client is willing to set up a new job?"

The client can create a new milestone. OR create a new contract.

 

re: "I believe it is permissible for me to ask for an additional milestone."

Yes, you SHOULD ask for an additional milestone or a new contract any time the client wants new work or changes.

Ace Contributor
Clark K Member Since: Sep 7, 2015
7 of 14

I thought so.

Ace Contributor
Clark K Member Since: Sep 7, 2015
8 of 14

Could you give me a link to where this appears in the TOS, so that I can send that link to my client? Thanks.

Community Guru
Petra R Member Since: Aug 3, 2011
9 of 14

Clark K wrote:

Could you give me a link to where this appears in the TOS, so that I can send that link to my client? Thanks.


What actually happened in the meantime? Is the client saying that he is not asking for anything in excess of what the milestone should have included?

 

Generally, by the time a freelancer tells a client that they are violating the terms of service the whole relationship has gone beyond the point of repair.

Clients are not allowed to ask for free work, but what is "free work" is not as black and white as it first appears and once you have an existing relationship with a client it is much better to sort things out in a friendly, firm and professional manner rather than throwing the terms of service at them.

 

Ace Contributor
Clark K Member Since: Sep 7, 2015
10 of 14

Oh I cut my losses on that job and got out. I couldn't face continuing to argue with that person about whether it was right to calculate a new milestone based on my hourly rate. I didn't lose too much on that job.

I'm asking about the TOS because a have a couple of fixed-rate clients now who are piling on more work, and just in case they object to my asking for more money I would like to be able to show them that they shouldn't.

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