Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Re: Why Can't Upwork Compel Clients to Respect Terms of a Contract?

enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
1 of 42
So I landed a contract with a client about a month ago and I got him to pay an initial fee to get me going (about 15% of the contract sum). Part of our understanding was that he'd help out with critical bits of information necessary for my job to get done - he actually offered to do so and the success and timeliness of the job was hinged on this. Unfortunately, he was unable to supply the required information when I called for it owing to his being on a short vac. I explored other means to get what I needed but was initially unsuccessful. Needless to say, the task was inevitably delayed and my client was profuse in his apologies over his inability to help out like he agreed to.
Fast forward a couple of days and I lay my hands on what I needed albeit not 100% but enough to get the job done. With work in advanced stages, I contacted my client and he asks me not to bother since he's back in his country and will get me exactly what I needed, great! I thought, but that turned out to be the last time he responded to any of my messages.
Thing is, I've had 75-80% of the job completed and there's no Milestone funded - my mistake I know but part of the reason I felt insisting on a funded Milestone may be unnecessary was because he had four other contracts running concurrently all with considerable payments. I've since sent in an initial draft of my work (No point holding on to it) hoping he'd respond but he has chosen to stay mute even though I can see he's been very active with other contracts.
I contacted CC and got understandably lectured on why I should've insisted on a funded Milestone and how there's absolutely nothing Upwork can do if the client chooses not to respond with regards my contract. Now all that has left me wondering; what's Upwork's justification for condoning a seeming irresponsible client? He brings in far more than I do? I just think a client ought to have the decency to respect a contract or ask for it to cancelled and Upwork owes it to its teeming freelance workforce to ensure contracts are respected regardless of the standing of the client.
At this point, I'm neither asking for a funded Milestone nor am I insisting on compensation for work done. All I'm asking is that a client not be so brazen in flouting a contract while Upwork plays unconcerned umpire. A simple message saying "I'm sorry we can't continue" and I'll either move on or consider my options. Total silence from a client that has got other running contracts being managed by Upwork is totally disrespectful. I do understand that even though this is a workplace for some of us, it's still about making money and "he who pays the piper, dictates the tune " if that's truly so, then I'd like someone to tell me that in clearer terms.
Sorry about the length, I hope someone finds the time to read through.
macollinsone
Ace Contributor
Marcus C Member Since: Feb 7, 2016
2 of 42

it tells you when you apply to fixed price jobs, what can happen; i've had clients leave, without warnng, and come back later to pay..i'm certain it was because they didn't have the money to finish the job..probably gamblers or something...

mtngigi
Community Guru
Virginia F Member Since: Feb 15, 2016
3 of 42

"Thing is, I've had 75-80% of the job completed and there's no Milestone funded - my mistake"

 

Yes, it's your mistake entirely, not Upworks. It's on you as a business person to make sure clients respect your contract.

 

ETA: I don't know why you'd think Upwork has the time or resources to insert themselves into the thousands of problematic contracts that come about because freelancers do not set up their projects properly.

lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
4 of 42

"At this point, I'm neither asking for a funded Milestone nor am I insisting on compensation for work done."

 

lol then what are you ranting about?

enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
5 of 42
I've conceded I made a mistake and I'm largely resigned to losing the rest of the contract sum. What I however do not get is why a client that has flouted a contract is free to carry on his business without as little as a reprimand. What's the justification for such immunity?
lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
BEST ANSWER
6 of 42

Cuz you let them walk all over you. i'd walk all over you too. You have the ability to get funds in escrow before entering into a contract but it's not about the money to you, so you are just a welcome mat for people who want free work.

View solution in original post

yitwail
Community Guru
John K Member Since: Feb 17, 2015
7 of 42

@Godwin .U. E wrote:
I've conceded I made a mistake and I'm largely resigned to losing the rest of the contract sum. What I however do not get is why a client that has flouted a contract is free to carry on his business without as little as a reprimand. What's the justification for such immunity?

 Godwin, your profile isn't public so I can't sate my curiosity about the services you offer, but I commend you for being uncommonly articulate. Virginia pretty much nailed it on the head, but Upwork is set up so jobs usually have a satisfactory outcome for both clients & freelancers, provided they follow recommended procedures, such as not doing work until a milestone has been funded. Even though your case may have merit, Upwork to my knowledge won't make any exceptions -- for one thing, that could be construed as favoritism, and could also be challenged by the other party, who hasn't violated any regulations.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
8 of 42

I knew I was going to get beat up by posting this but I just prayed someone would look beyond my mistake and maybe, just maybe something would change. Thanks for being that one person John even though there's obviously no chance now anything will change.Apparently, the buck stops with the freelancer and a client iis absolutely not answerable for any offence as long as there's no funded Milestone .I've made my fair share of mistakes in the time I've been here and I don't yet know if I've made my last but I really do hope I have. 

mtngigi
Community Guru
Virginia F Member Since: Feb 15, 2016
9 of 42

@Godwin .U. E wrote:

I knew I was going to get beat up by posting this but I just prayed someone would look beyond my mistake and maybe, just maybe something would change. Thanks for being that one person John even though there's obviously no chance now anything will change.Apparently, the buck stops with the freelancer and a client iis absolutely not answerable for any offence as long as there's no funded Milestone .I've made my fair share of mistakes in the time I've been here and I don't yet know if I've made my last but I really do hope I have. 


Telling it like it is is not beating anybody up. As a freelancer, you should know how to conduct your business so that you get paid for your services.

 

I don't know what "change" you were looking for. It's not like we're ever happy to hear about crappy clients (and we've all had our share), but it does get old hearing people complain about not getting paid, when they should very well know how to avoid that scenario.

enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
10 of 42

If being called "weak" and unable to think for myself isn't getting beat up then maybe I really do not know what the phrase means  . I did place my entire grouse on the fact that the said client was still actively carrying on with his business and by "change" I meant getting clients adjudged to have erred to at least attempt to answer for their wrongdoing .Would it be out of place for Upwork to send them a warning/reprimand and in repeated cases have their running contracts put on hold like is done when there are issues with their mode of payment? That would qualify as "change" to me. 

With regards complaints like this getting old and obviously getting on your nerves, perhaps you folks already bored with them and incapable of tolerating any more complaints should leave the answering to those that still have the stomach for them or at the very least, leave it to the moderators with the temperament to give weighted responses. Upwork is a liquid workplace and the naive /ignorant will always be with us.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS