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canceling a contract

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Active Member
Jeffrey M Member Since: Sep 28, 2019
1 of 20
I was awarded a project that I now would like to cancel. It was my first project (I've gotten two since then and am close to getting two more).
 
The reasons being:
1.The project is for branding a medical clinic. Unfortunately the client was unable to register his name and thus can't legally use it.  I actually saved them from a potential lawsuit as they thought they could go ahead without registering it I also suggested a modification to their name which would enable them to register it but they rejected that idea.  The want me to design the identity without a name which is not impossible but pretty unusual and not best practices.
 
2. Since getting these other clients, I'm too busy to do their project now. 
 
3. This being my first project the budget is so low that I would essentially be doing it for free.
 
The project is on a milestone basis. They put money into the escrow account but since I've not done anything, no money has changed hands.
 
Question: Will this have a negative impact on my "JSS" score? How important is this? Please advise
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Community Guru
Miriam H Member Since: May 16, 2017
2 of 20

A contract with no earnings is a problem.

As you performed some work in the form of discovery, I recommend requesting a nominal fee from the client and requesting that amount via the submit work button.

 

I believe you have to wait until you recieve the funds (i.e. client approves or 14 days pass) before you can close the contract and ensure it's a contract WITH earnings.

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Jeffrey M Member Since: Sep 28, 2019
3 of 20
Getting paid for the nominal work I did is not a problem I don't care about the money. I just don't want my JSS to be dinged as there are issues on the clients side that have made it difficult to do the project.

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Miriam H Member Since: May 16, 2017
4 of 20

Jeffrey M wrote:
Getting paid for the nominal work I did is not a problem I don't care about the money. I just don't want my JSS to be dinged as there are issues on the clients side that have made it difficult to do the project.


Yes, as long as the client pays you something, it shouldn't ding your JSS - although I don't know what will happen with feedback. That's why i suggested the nominal payment. 

 

I understand your frustration that you are unable to complete the contract because of poor client requirements (for lack of a better word), unfortunately that's not a defense when it comes to private feedback.  The client may still leave poor feedback, but there is nothing you can do.

 

 

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Petra R Member Since: Aug 3, 2011
5 of 20

Jeffrey M wrote:
Getting paid for the nominal work I did is not a problem I don't care about the money.

You need to care, because contracts that end without earnings count as unsuccessful and this would seriously slam your JSS.

 

If the client pays some nominal amount both sides can leave feedback.

Obviously if the client leaves poor feedback (public or private) the contract will count as unsuccessful either way.

 

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Jeffrey M Member Since: Sep 28, 2019
6 of 20

so even if the money is in the escrow account and I haven't started the project, I need to get a nominal amount?

 

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Petra R Member Since: Aug 3, 2011
7 of 20

Jeffrey M wrote:

so even if the money is in the escrow account and I haven't started the project, I need to get a nominal amount?

 


Well, if you close the contract the funds in Escrow go back to the client = "Nothing paid contract"

If the contract ages out at 90 days the funds go back to the client = "Nothing paid contract"

= "Nothing paid contract" = Unsuccessful outcome = bad hit on JSS.

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Jeffrey M Member Since: Sep 28, 2019
8 of 20

So the first UpWork project that I was awarded, was way way way underbid. I'm really not sure how it happened as I was bidding on a lot of jobs initially. It is a brand identity including brand strategy and identity design, for a new business. Not wanting to start with a bad mark, I've been moving forward on the project. I've saved the client from possibly being sued because his new company's name infringed on another company's name. I've completed a brand strategy deck,  which normally would cost twice as much as the whole budget. The client keeps taking trips and is extending the project while saying that we need to get it done because of his upcoming lease. And we still don't have a name. I have been paid a grand total of $50 so far. I want to cancel the project  but I don't want to screw up my record as I'm fairly new. I have one 5 star review so far and have worked on 3 projects to date. What should I do?

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Community Guru
Virginia F Member Since: Feb 15, 2016
9 of 20

Jeffrey M wrote:

So the first UpWork project that I was awarded, was way way way underbid. I'm really not sure how it happened as I was bidding on a lot of jobs initially. It is a brand identity including brand strategy and identity design, for a new business. Not wanting to start with a bad mark, I've been moving forward on the project. I've saved the client from possibly being sued because his new company's name infringed on another company's name. I've completed a brand strategy deck,  which normally would cost twice as much as the whole budget. The client keeps taking trips and is extending the project while saying that we need to get it done because of his upcoming lease. And we still don't have a name. I have been paid a grand total of $50 so far. I want to cancel the project  but I don't want to screw up my record as I'm fairly new. I have one 5 star review so far and have worked on 3 projects to date. What should I do?


Is this still the same job you asked about and got advice for in October?: https://community.upwork.com/t5/Freelancers/canceling-a-contract/m-p/656332#M397489

 

If you really want out, sometimes you just have to "cut bait and run".

 

ETA: You should be aware that it is against TOS to include your web address on your profile if there is a way to contact you through the site.

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Active Member
Jeffrey M Member Since: Sep 28, 2019
10 of 20
It is.

This brings up a real issue, that I have experience with. If I cancel, he could theoretically sue me (or upWork) for lost income because he would have to start over. That's why I have a liability clause in my personal contracts.

So he's paid me a little money. Does that help my record if I cancel and what exactly happens when I cancel.

I thought I would go back to the client and tell them that I made a mistake in the fee and I can't afford to do the work and give him the opportunity to pay me more.
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