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jnfo
Community Member

fixed price contract gone bad

Hi, I'm fairly new to Upwork as a freelancer.

 

A client recently hired me to help him write a federal grant proposal for his nonprofit organization. We previously interviewed about 6 weeks prior but he had to get zoning approval before he could move forward in applying for the grant.

 

He asked me to help him with only one week to pull the information together and submit the application. I communicated my concern about meeting the deadlin and said that he would need to provide information about the budget, the mission, program design, staffing plan, resumes, and letters of support or it would not be feasible to meet the deadline. He also agreed to be "on call" so I could ask him questions, check on status of documents, etc.

 

I modified the milestones for the contract so that the work was broken down into concrete deliverables. I prepared several sections, formatted the content of the proposal, and added his content into the application. In the last two days leading up to the deadline, it seems things went off the rails, so to speak. I told him my time was limited since it was a work day and I have a regular job. I kept asking him for sections and then informed him I would be out for several hours for a school event for my son. I worked about 15+ hours to prepare this application. He would not return my calls or messages and even edited an earlier document version I spent hours on. At this point, I felt like I was just spinning my wheels. 

 

I submitted the first milestone and will wait the 15 days to have him review, approve, and release payment. However, I am very concerned that he will leave a scathing review and ruin my success rate and I do not think he will pay me what the contract specified.   At this point, I am tempted to do something to avoid getting a terrible review. Please advise me  what my best options are for this situation. Thank you. 

9 REPLIES 9
lysis10
Community Member

The only way to remove bad feedback if you are not top rated is to refund, but the client can still give you feedback anyway. Might as well keep the money at that point unless it's your only review and he leaves a rant on your profile. 

jnfo
Community Member

Thanks for your help. We'll see what happens.
gilbert-phyllis
Community Member

It's not clear what you are "tempted to do...to avoid getting a terrible review", but there isn't much you can do, really. You've requested payment of the first milestone --- which was, presumably, funded -- so if the client does nothing, you'll be automatically paid after 14 days. The client has the option to approve payment sooner, in which case the funds transfer to your account immediately. In your shoes, I would request payment for any additional milestones for which you've completed the work and which are funded.

 

If and when the client closes the contract, he'll be prompted to leave feedback -- which he may or may not do -- and you'll be invited to leave fb for him. (It's double-blind until you've both responded or 14 days elapse.) If he doesn't close the contract, just leave it be (assuming you get paid for the first milestone). An idle contract with something paid does not affect your JSS.

 

In the future, beware of clients with aggressive timelines driven by external requirements (grant submissions are a perfect example). There is a recent thread about this very thing here: https://community.upwork.com/t5/Coffee-Break/Just-curious-how-others-deal-with-this-situation/m-p/65...

 

This hasn't turned catastrophic yet. For the time being, be patient and hope for the best.

 

I appreciate this information. I was not completely sure what what my options are in this case, but now I do. Lesson learned for sure.
a_lipsey
Community Member

 


Jami F wrote:

Hi, I'm fairly new to Upwork as a freelancer.

 

A client recently hired me to help him write a federal grant proposal for his nonprofit organization. We previously interviewed about 6 weeks prior but he had to get zoning approval before he could move forward in applying for the grant.

 

He asked me to help him with only one week to pull the information together and submit the application. I communicated my concern about meeting the deadlin and said that he would need to provide information about the budget, the mission, program design, staffing plan, resumes, and letters of support or it would not be feasible to meet the deadline. He also agreed to be "on call" so I could ask him questions, check on status of documents, etc.

 

I modified the milestones for the contract so that the work was broken down into concrete deliverables. I prepared several sections, formatted the content of the proposal, and added his content into the application. In the last two days leading up to the deadline, it seems things went off the rails, so to speak. I told him my time was limited since it was a work day and I have a regular job. I kept asking him for sections and then informed him I would be out for several hours for a school event for my son. I worked about 15+ hours to prepare this application. He would not return my calls or messages and even edited an earlier document version I spent hours on. At this point, I felt like I was just spinning my wheels. 

 

I submitted the first milestone and will wait the 15 days to have him review, approve, and release payment. However, I am very concerned that he will leave a scathing review and ruin my success rate and I do not think he will pay me what the contract specified.   At this point, I am tempted to do something to avoid getting a terrible review. Please advise me  what my best options are for this situation. Thank you. 


Is your background in federal grant writing? It takes 3-6 months to prepare a federal grant proposal. You got in over your head. Clients will always get busy, and you have to factor that in when you are telling them whether or not something can be accomplished. They usually have no clue how much work they will have to do to prepare a federal grant proposal as well. 

 

One week to submit a federal grant proposal is a fool's dream. You gave him an unrealistic expectation that this could be done. Did you actually meet the submission deadline? Or are you now requesting payment for an incomplete proposal? 

 

If it were me, as a professional grant writer with extensive federal experience, and I were in this position, I would apologize for my miscalculation and negotiate either a partial or full refund. 

 

I know the client seemed to go MIA, but if you have any experience grant writing you would know that one week for a federal grant proposal is unfeasible. Especially since it sounds like you made that promise not knowing what material they had and didn't have, since you were requesting it AFTER the start of the contract. 

 

In the future, fully vet what the client has prepared (by seeing it) and doesn't have prepared beforehand. If you want to get into federal grant writing as a profession, then you need to read all the guidelines from the different agencies and their guidance on how much time it takes to prepare a successful grant. NIH can range from a minimum of 80 hours on the grant writer side (the client usually has to devote around 50 themselves) to 120, in my experience. So how were you going to fit 80 hours of work or even 40 hours of work, if it were like NEA, into one week when you also work a job? 

 

You set yourself up for a scathing review, in my opinion. In the future be clearer about setting up client expectations and my advice as someone who is highly successful in this and as a member of the Grants Professionals Association: last minute never works out. 

Feel like I was a little harsh. My apologies, if so. 

 

Bottom line:  you have some responsibility here because this was not feasible from the get-go. My suggestion is to see if the client releases the milestone or resurfaces or not. And, if you did submit the proposal, then perhaps negotiate a discount for your mistake and take it as a learning experience. 

 

If you work a full time job, I'd suggest only taking nonfederal grant applications in the future, unless you have 3-6 months lead time and have fully vetted the client and every bit of material they already have prepared and don't have prepared for the proposal. You could even set up an initial small milestone that is feasibility planning to review their documents, create the timeline, and give them the expectation of what they will need to put into it. Then, on these types of proposals, only do hourly contracts. Avoid fixed price on federal proposals like this. I won't do federal proposals on a fixed-price contract because there is SO much work, and inevitably they always forget about something. 

 

Good luck.

jnfo
Community Member

Hello,
I will keep your advice in mind for the future and be more realistic with freelance projects I take on, and look for projects that pay hourly. The client was so insistent despite my reservations but I should have listened to my gut. This was a painful lesson to learn. I have written federal grant proposals and on the federal side, I have written requests for proposals and funding opportunities announcements. Yes, you were a bit harsh, but you have many valid points for my future efforts. Thank you.
a_lipsey
Community Member


Jami F wrote:
The client was so insistent despite my reservations but I should have listened to my gut. This was a painful lesson to learn. 

Always listen to your gut. You are the expert, not the client. Whether they like it or not, if you save them from a bad submission by declining, you are helping them. 

 

We all learn this lesson at one point or another. You're not alone. Don't be afraid to put your foot down or take a pass on a project that doesn't feel right. 

jnfo
Community Member

Thank you for this reminder--you are so right.
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