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633c61dc
Community Member

New milestone by a Client without prior consent

Hello UpWork Community,

 

I am sincerely curious to know how could it be ever justified that any UpWork Client have a technical possibility to create a new milestone within an ongoing fixed price and term commitment without having a freelancer's prior consent to it?

 

Under no terms this should ever be possible.

 

What is going on, UpWork?

30 REPLIES 30
martina_plaschka
Community Member


Alex S wrote:

Hello UpWork Community,

 

I am sincerely curious to know how could it be ever justified that any UpWork Client have a technical possibility to create a new milestone within an ongoing fixed price and term commitment without having a freelancer's prior consent to it?

 

Under no terms this should ever be possible.

 

What is going on, UpWork?


There is no formal step in place for a freelancer to approve the client's milestone. It is just weird that the client does it without prior discussing the work and the payment with the freelancer, and you are under no obligation to perform anything for that milestone, assuming that you provided all work for the prior milestone, submitted it, and klicked the submit for payment button. 

If anything feels strange to you, you are able to end the contract at any time and never work with that client again. 

I would try to discuss with the client what his expectations are, though. Maybe a simple misunderstanding, who knows? You will find out when you ask him. 

Hello Martina,

 

Thank you for your quick response.

 

That basically means that any freelancer may be potentially taken hostage by any Client by being assigned with additional milestones over and over again with a feedback being withheld until actions specified by that Client are accomplished by a freelancer.

 

And since such a possibility is being built in to the UpWork by default that sounds like a very clear and loud alarm bell to stay clear from this platform once and for all.

 

And THAT is for 20%? OK.

 

WIsh you every success and best of luck.

 

I will be served by contractual law, high court and escrow in a much more efficient way at a(the) fixed rate(s).


Alex S wrote:

Hello Martina,

 

Thank you for your quick response.

 

That basically means that any freelancer may be potentially taken hostage by any Client by being assigned with additional milestones over and over again with a feedback being withheld until actions specified by that Client are accomplished by a freelancer.

 

And since such a possibility is being built in to the UpWork by default that sounds like a very clear and loud alarm bell to stay clear from this platform once and for all.

 

And THAT is for 20%? OK.

 

WIsh you every success and best of luck.

 

I will be served by contractual law, high court and escrow in a much more efficient way at a(the) fixed rate(s).


No, absolutely not, which is what I was saying. You can end a contract at any time, block the client, no hostages taken. If your aim was to vent, I hope you accomplished that, there are many other platforms where you might be happier.

UPWORK BOTTOMLINE

FREELANCER VERSION

 

(A) insanely overcomplicated signup process, with soon to come retina scanning prior to registration;

(B) after logging in from one locaiton/IP with an email first once, there is no possibility to further change freelancer's country unless deleting the whole account and creating again - which is not permitted by the UpWork applicable terms and conditions (which are over 200 printed pages long);

(C) Freelancer's location is tied to residency with two documents level of approval, nomads not welcome, as you cannot change your country once registered from, let's say Bermuda;

(D) Project rates below average market rates in an order of magnitude with clients' expectations above the possibilities of a dedicated 360 degree agency with two floors of staff to accomodate them;

(E) 20% per each first USD 500, 10% up to USD 10k with 5% herefrom per Client;

(F) 5 calendar days "cooldown" per each and every milestone disbursment before a freelancer even sees that amount on their balance;

(G) A Client is allowed to create new milestone without freelancer's consent within what is considered a "fixed term, fixed price contract" with all milestones being pre-defined by a freelancer in advance;

(H) once a week specific schedule per withdrawal transfer with specific minimums;

(I) momentary funds/accounts lockdowns - freelancer always guilty first until proven otherwise.

 

I could personally create this freelancer account only because I have been a client here earlier.

 

**Edited for Community Guidelines**

 

It is truly eye opening for an understanding of the scale of catastrophy to see how many people have had signed up for this.

 

If this message goes down / being deleted, a corresponding note goes to the corresponding court and/or officials.

 

A copy of this thread has been saved in electronic writing and will be presented to any 3d-party such as online/offline media upon sole decision of the publishing party.

I had a client do this same thing to me the other day, I was nearly finished with the contract and BOOM new milestone added.

 

One thing and one thing only went through my head, "Sweet, more money", seriously, new milestone = another 200 on the contract... then I read this thread and wondered if it should have bothered me, it didn't, and I do not see how maturing the contract is a bad thing. another milestone is another payout, that's good right...

Matthew, while I agree with the spirit of what you wrote, it’s still inconsiderate of the client to add a milestone without first consulting you. What if you had existing commitments that would interfere with completing this promptly? Or what if it asks for something you’re not comfortable doing? That’s happened to me not in Upwork but elsewhere and I managed to get the job done each time but was I was not a happy camper. When clients do this, they’re treating you like an employee, so if they want you on call, they need to pay you a retainer.
__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce

It is inconsiderate of a client to create a milestone without consulting with the freelancer.

 

But, yes, it is physically possible to do so within the current Upwork user interface.

 

It's not ideal, but it's a possibility.

 

As always, these are two different topics:

- How should we work within Upwork as it currently exists?

- What changes should we suggest Upwork make in order to improve it?

 

As things are now... This HAS happened to me. I don't love it when it happens, but it needs to be dealt with calmly. I have simply explained to clients that I can't do the milestone they asked for, or I can't do it at that rate. I either offer them an alternative milestone description and rate, which they set up as a new contract, or I suggest that they hire other people with specific skills to do that work.

 

So... when clients do this, it doesn't mean I actually have to do the work. I have been fortunate in that clients have been understanding when I have declined their new milestones.


But this is one of the reasons why I work proactively to encourage clients to always close the contract as soon as I have been paid for a milestone. I work hard to make sure that clients know I work with single-milestone contracts. I don't ever want there to be confusion with clients about what the next steps in a project are.


John K wrote:
Matthew, while I agree with the spirit of what you wrote, it’s still inconsiderate of the client to add a milestone without first consulting you. What if you had existing commitments that would interfere with completing this promptly? Or what if it asks for something you’re not comfortable doing? That’s happened to me not in Upwork but elsewhere and I managed to get the job done each time but was I was not a happy camper. When clients do this, they’re treating you like an employee, so if they want you on call, they need to pay you a retainer.

Yes I can see that now John, I have only taken a few small jobs on UpWork and generally work under retainer from my clients, UpWork is the only exception to this rule, so my responce to it was just out of habit.

 

With the prior commitments, in the situation I mentioned, I did have to explain to the client that I couldn't schedule his new milestone until Friday afternoon(this was on Tuesday evening) he was disappointed, but seemed to understand and approved payment right away still. So it worked out, I could see how it could become complicated though.

The sad thing is that you get no feedback so if you're a newbie, it doesn't help your rating. But if you end the contract, is it possible for this client to rehire you?  Aren't direct contract only for those OUTSIDE of Upwork? Which would mean that this client would have to place another ad to rehire you, thus costing them more money. Hmmm.

Hi Diedra,

 

Thank you for your message. You have the option to work with the same client again even if you terminated the contract yourself. For Direct contracts, you are the one who initiates and sends the contract proposals to the clients you invite to Upwork. These clients cannot post jobs or hire other freelancers on Upwork because they are not part of the Upwork marketplace. Direct contracts are a way for you to use Upwork's payment and invoicing system with your existing clients outside of Upwork. Check out this help page for more information on Direct Contracts.

 

Thank you,

Pradeep

Upwork
mrseby
Community Member

I didn't word that quite specifically enough. I'm working with a great client right now who has given me several milestones in a row - which I truly appreciate. However, I'm new to Upwork (though not at all new to this kind of work) and I really need to have her feedback. And each of these 'milestones' could have stood as individual contracts. Can she hire me for each job individually without having to place a new job posting? I think I figured this out last night after getting on here and finding this community question but I'd love to here a more verified answer.

petra_r
Community Member


Alex S wrote:

 

**Edited for Community Guidelines**

 

...the scale of catastrophy to see how many people have had signed up for this.

 

...a corresponding note goes to the corresponding court and/or officials.


**Edited for Community Guidelines**

 

Oh and as for H ( "(H) once a week specific schedule per withdrawal transfer with specific minimums;") - You are free to withdraw your $ 20 any time you like, the "schedule" and "minimum" is only for auto-withdrawals.

633c61dc
Community Member




Petra R wrote:

Alex S wrote:

 

...Welcome to the new wolrd slavery.

 

...the scale of catastrophy to see how many people have had signed up for this.

 

...a corresponding note goes to the corresponding court and/or officials.


Seriously? "Slavery?" - "scale of catastrophy?" - "corresponding court?" Hysteria, much?

You've had one contract and made a grand total of $ 25 on Upwork.

If this platform isn't to your liking, use another one.

Simple.

 

Oh and as for H ( "(H) once a week specific schedule per withdrawal transfer with specific minimums;") - You are free to withdraw your $ 20 any time you like, the "schedule" and "minimum" is only for auto-withdrawals.


"Community Guru" got bitter much?

 

Sharp, dry, objective fact based analysis. Ever heard of it?

 

google.com "Slavery": "a condition compared to that of a slave in respect of exhausting labor or restricted freedom."

 

"slave": "a person who is excessively dependent upon or controlled by something"

 

"freelancer": "freelancer or freelance worker, is a term commonly used for a person who is self-employed and is not necessarily committed to a particular employer long-term ..."

 

UpWork Inc. is an employer here, which I guess adds extra bonuses for "Community Gurus" and their loyalty to the establishment.

 

"Freelancer" is being perseverantly replaced by UpWork Inc. (e.g. agency) with working under controlled, highly restricted conditions far below market prices.

 

Questions?

 

Every time anyone submits their top notch work 10x+ cheaper the market average after all these restrictions, they are undermining the real meaning of the word "freelancer" and their own value.

 

Keep going, keep sleeping.

 

Sweet dreams.

And once again, someone comes to the forums with a question (which I find very interesting because I did not know that this could happen) and, when he gets answers, he just rages.
I have been a freelancer for many years, and a few here and in another portal, and I think you are wrong.
Precisely, the "freedom" to decide with who, how much and how to work is what I like, and being "protected" (even with failures) to be able to charge for my work gives me a security that "working out there", I do not have .
I can not see your profile, but how many problems have you had to be so angry?
And ... I think I've missed something. Where do I have to sign up to be paid as a "Guru of the community"?

 

PS.- I would really like some moderator to comment on the problem raised in the original question.


Maria T wrote:

And once again, someone comes to the forums with a question (which I find very interesting because I did not know that this could happen) and, when he gets answers, he just rages.
I have been a freelancer for many years, and a few here and in another portal, and I think you are wrong.
Precisely, the "freedom" to decide with who, how much and how to work is what I like, and being "protected" (even with failures) to be able to charge for my work gives me a security that "working out there", I do not have .
I can not see your profile, but how many problems have you had to be so angry?
And ... I think I've missed something. Where do I have to sign up to be paid as a "Guru of the community"?

 

PS.- I would really like some moderator to comment on the problem raised in the original question.


I do not see how stating bare facts is considered "angry", yet you have purposefully evaded the outright disrespectful response of the other "Community Guru" to whom my response was addressed, it has been precisely mirrored reaction.

 

"I can not see your profile", yet previous commenter (e.g. "Community Guru") has not just seen my profile, but as well the amount I have been paid for.

 

It is up to you to think who is right and who is wrong - as the matter of fact, it remains a certainty that UpWork Inc. is an agency, and everyone here is their contracted employee with applied limitations as per the contract to serve their respective Clients and provide variety.

 

Yet, the UpWork's claims "start your new freelancing business" are not true.

 

>Where do I have to sign up to be paid as a "Guru of the community"?

 

Every sarcasm has a part of sarcasm. Wild guess - it is invite only, for obvious reasons.

 

>be able to charge for my work gives me a security that "working out there", I do not have

 

That is a false sense of security, the same as you have with any employer. 

 

"Out there" (e.g. the real freedom of free commerce) you have:

 

(AA) an agreement with your client for a fixed one-time rate of max USD 150/300 to your lawyer / attorney which terms you totally control by yourself and seek agreement with your Client;

 

(BB) you have your own website, communication channels of your own choice - all of which you control;

 

(CC) you create your own list of potential clients from fortune 500 or wherever you find it necessary;

 

(DD) you are protected by the contractual law + common law of the jurisdiction of choice per your agreement;

 

(EE) all payments go directly to your bank account(s) within max 2 hours (ACH, US) or max 6 hours (SEPA, EU)

 

(FF) in case if escrow is required, there are fixed rate options below 3.5% provided by licensed financial institutions, as well as with multi-jusrisdictional licences for international clients - it is all there, just open google;

 

(GG) and most importantly, you are investing your time in your own brand, in your name, in yourself, in your future, you are under 100% control of the situation(s) - that is called business, that is the real freelance.

 

Yes there are some great over achievers here who are making USD 200k, 500k, 2M+ and whatnot per year here.

 

But still, that does not change the facts that:

 

(FA) Their activity is dependent / grows within the UpWork terms which can be changed anytime without notice;

 

(FB) They are de facto employees or de jure subcontractors of the UpWork Inc. (the Agency) servicing professional (legal entities) and private (natural persons) clients of the UpWork Inc. per the contract herewith by providing fully customized self-regulated services within the Client's terms, acting within the UpWork Inc. terms.

 

(FC) All actual projects' rates within UpWork are artificially reduced below the market rates due to (a) showing "no clue" how much the requested work really costs, (b)  enormous competition and (b) temptation to accept lower priced subcontractors for their project(s) and/or job(s).

 

E.g. people who think they are successful with USD 0.5M+ per annum in earnings here on UpWork, probably are comparably so (besides paying 5% per each transaction given USD 10K+ per client and being tied to UpWork Inc.)

 

However, thinking that they are "freelancers" or "business owners" is illusional, as they could have earned USD 5M (or more) per annum with their own - real - freelance business, as there are no limits for growth.

 

And that exactly is what UpWork Inc. is doing, and this is terrible damage to the actual quiet freelance world.

 

The real freelancers do not have a habit of showing off their tax brackets and weighing opponent's opinion on subject by their demonstrated annual earnings.

 

The side effect of all this is that the majority of clients (e.g. open market, or as you put it - "out there") are hesitating to hire a freelancer at the market price (such as of an agency) and retreat to "status quo" options by copy pasting available solutions - this is why we all still have online shops which all look alike and UX methodology which suppresses actual innovation.

 

That is a serious issue and requires multi iterational approach.

 

First iteration is understanding the problem.

 

You are welcome.

mrseby
Community Member

You are rather naive if you think 'a contract' protects you.


Maria T wrote:

And once again, someone comes to the forums with a question (which I find very interesting because I did not know that this could happen) and, when he gets answers, he just rages.
I have been a freelancer for many years, and a few here and in another portal, and I think you are wrong.
Precisely, the "freedom" to decide with who, how much and how to work is what I like, and being "protected" (even with failures) to be able to charge for my work gives me a security that "working out there", I do not have .
I can not see your profile, but how many problems have you had to be so angry?
And ... I think I've missed something. Where do I have to sign up to be paid as a "Guru of the community"?

 

PS.- I would really like some moderator to comment on the problem raised in the original question.


So would I. OP's tantrum was mildly diverting at first but I can't make it through the most recent wall of text. Meanwhile, the question raised needs attention.

 

In practical terms, I don't see it as likely to create real problems among the genuinely professional clients and FLs who operate with mutual respect, trust, and effective communication baked into their contracts. However, it seems like a(nother) unnecessary pothole whereby an unscrupulous client could strong-arm a FL into accepting a revised scope of work after they're too invested to walk away. That's not good for anybody.

 

At the same time, it needs to be pain-free for a client to add milestones after consultation with the FL, for all of the obvious reasons.

 

Moderators, we're hoping to hear from you soon!

 

Thorough neutral response dismissed and devalued as "tantrum", "wall of text" by yet another "community guru".

 

You are very much welcome to do as you please.

 

Those genuinely interested and who can read English will understand.

 

I personally could not have cared less (or more) regarding your (or anybody else's) strategic life choises.

 

Wish you every success and best of luck.


Alex S wrote:

Thorough neutral response dismissed and devalued as "tantrum", "wall of text" by yet another "community guru".

 

You are very much welcome to do as you please.

 

Those genuinely interested and who can read English will understand.

 

I personally could not have cared less (or more) regarding your (or anybody else's) strategic life choises.

 

Wish you every success and best of luck.


Hey, just a few more posts, and suddenly you will find yourself to be anointed a community guru yourself! (Just between us: it's just the number of posts that get you there, not the content, ...) Would you not just hate to be part of a group you speak so derisively of? 

 

Alex, Maria and others,

 

The freelancer is not required to work on a milestone is they didn't agree to. The client needs to get freelancer's consent before adding a new milestone. If the freelancer doesn't accept the added milestone, they can reject it by terminating the contract. 

Please, see section 2 of the Optional Service Contract Terms for more information about that. Additionally, please see section 2 of the User Agreement for more information about the purpose of Upwork.

 

We appreciate feedback shared here about fixed price contracts and suggestion to add a functionality to accept or reject milestones without closing the contract. We'll forward this feedback to the team. 

 

Note that some posts on this thread have been edited or removed. Please, be mindful of the Community Guidelines and respectful toward other members of the Community when posting on this boards.

~ Valeria
Upwork

"If the freelancer doesn't accept the added milestone, they can reject it by terminating the contract. "

 

But that's using a hammer to crack a nut. The freelancer might a) not be available that week/day to comply with the demands of that milestone; b) not be skilled at the particular task requested; c) have moral, ethical or legal reasons for refusing a milestone; d) many other reasons.

 

What about planned subsequent milestones besides the one in question?

 

It's ludicrous that Upwork recommends ceasing a business relationship because a freelancer can't or won't do a single task associated with a contract.


Valeria K wrote:

Alex, Maria and others,

 

The freelancer is not required to work on a milestone is they didn't agree to. The client needs to get freelancer's consent before adding a new milestone. If the freelancer doesn't accept the added milestone, they can reject it by terminating the contract. 

Please, see section 2 of the Optional Service Contract Terms for more information about that. Additionally, please see section 2 of the User Agreement for more information about the purpose of Upwork.

 

We appreciate feedback shared here about fixed price contracts and suggestion to add a functionality to accept or reject milestones without closing the contract. We'll forward this feedback to the team. 

 

Note that some posts on this thread have been edited or removed. Please, be mindful of the Community Guidelines and respectful toward other members of the Community when posting on this boards.


Thanks, Valeria. 

I am trying to understand the inner workings of my first contract getting started and was just reviewing the fixed price guide. Isn't it true that the Milestone needs to be funded? Or is that condition only prior to the contract starting?

 

When the client adds a milestone shouldn't it have money attached?

 

As the Freelancer, and I see a new milestone added and wasn't aware of it, why would I not be able to message the client to discuss or negotiate the new work and cost and they would be able to adjust it accordinly? Am I missing something? ( I could be missing something because I haven't experienced this yet).


Scott S wrote:

I am trying to understand the inner workings of my first contract getting started and was just reviewing the fixed price guide. Isn't it true that the Milestone needs to be funded? Or is that condition only prior to the contract starting?

 

When the client adds a milestone shouldn't it have money attached?

 

As the Freelancer, and I see a new milestone added and wasn't aware of it, why would I not be able to message the client to discuss or negotiate the new work and cost and they would be able to adjust it accordinly? Am I missing something? ( I could be missing something because I haven't experienced this yet).


No, you are not missing anything. 

If you receive an offer from a client for a fixed price contract, the milestone must be funded. (When you see a job posting prior to that, is has not necessarily to be funded, but most are)

If I client adds a next milestone, it has to be funded, too. So if the freelancer is surprised by this move, if it has not been discussed prior, he will still see how much money the client has put into the milestone. So no harm is done if this sits for a few days as the next steps are discussed between both parties. If the freelancer is unwilling or unavailable to do the task, he can end the contract, or do nothing.

The whole thing is a complete non-issue. 

Thank You Martina.

Hi Valeria,
I'm sorry, but what you are saying does not clarify anything to me.
The client is supposed to "get freelancer's consent before adding a new milestone".
I just saw a new thread with the same problem (or I think it's the same):
https://community.upwork.com/t5/Freelancers/End-contract-at-my-end/m-p/562620#M342518
A client creates a new milestone without asking the freelancer.
How is it possible, if the client must have his / her approval?

 

And the way to solve it, if you don't want or can't work on the new milestone (created without your consent) is:
"If the freelancer does not accept the added milestone, they can reject it by terminating the contract"
This does not seem to me a very acceptable solution, really.
And more considering the power that customers have with "private opinions"
And, based on this, they can have a freelancer "stuck" indefinitely.

So, how is it possible for the client to create a new milestone without the "consent" of the freelancer?

 

"We appreciate feedback shared here about fixed price contracts and suggestion to add a functionality to accept or reject milestones without closing the contract. We'll forward this feedback to the team."

When?

Kim and Maria,

 

The freelancer can discuss the scope of work and the milestones with the client directly and clarify if there are any issues with added milestones. If they aren't able to come to any mutual agreement, they can close the contract. 

 

The suggestion shared here for an option or a button that would allow freelancers to accept of reject each milestone is valid and I have shared it with the team. Unfortunately, I can't provide any further information as to when any changes will be made to the current process for fixed-price contracts.

 

Thanks.

~ Valeria
Upwork

Valeria,

 

(U1) Only the Subcontractor should be technically allowed to create new milestone within the ongoing Agreement;

 

(U2) The Client should have an ability to accept newly created milestone by the Subcontractor within the ongoing Agreement ONLY after (1) preceeding milestones were funded AND (2) funds released to the Subcontractor AND (3) the feedback to the Subcontractor for their successful job has been given;

 

(U3) For the Client side - creating new milestone within the ongoing Agreement should be replaced with "create similar job" which uses the ongoing Agreement as a template and saves both parties time for typing.

 

Any implementation which is different than above undermines the Subcontractor's ability to control their workflow and creates vulnerability which might be (and will be) exploited by [some] clients.

 

 

AveryO
Community Manager
Community Manager

Hi Alex, 


Thank you for sharing your feedback about the milestone system. I would like to clarify some points on the suggestions you have made

 

"(U1) Only the Subcontractor should be technically allowed to create new milestone within the ongoing Agreement"

While this feature is not available, currently, freelancers can propose milestones when sending a proposal for fixed-price projects. This allows the freelancer to explain their process for the project better, and to set more specific or complex terms than a single bid can express. 

 

"(U2) The Client should have an ability to accept newly created milestone by the Subcontractor within the ongoing Agreement ONLY after (1) preceeding milestones were funded AND (2) funds released to the Subcontractor AND (3) the feedback to the Subcontractor for their successful job has been given."

I would like to clairify that in the current milestone system, the client has the ability to create multiple milestones. However, clients need to release the previously funded milestone before they can activate the next milestone. 

 

We highly encourage freelancers and clients to communicate professionally and extensively, discuss all the terms, deadlines and details before the offer is ever made and accepted. Just the same, our team will share your suggestions about the milestone system and forward it to the appropriate team. 


~ Avery
Upwork
633c61dc
Community Member

Hi Avery,

 

Thank you for clearly stating the position of UpWork Inc. on the matter.

 

"While this feature is not available, currently, freelancers can propose milestones when sending a proposal for fixed-price projects. This allows the freelancer to explain their process for the project better, and to set more specific or complex terms than a single bid can express. "

 

Yet, the whole milestone mechanics become obsolete, when at the very end of a presumably extensive work for the last milestone, the Subcontractor suddenly receives another milestone;

 

It could be the final 1st or 100th milestone with total project value USD 25 or USD 2500000 - it is irrelevant, for as long as the milestones system is fundamentally flawed.

 

Even if that new milestone is fully funded, it still does not make sense as the Subcontractor has lost control of their workflow (and Client's feedback) at the very moment of creating such milestone by the Client.

 

"I would like to clairify that in the current milestone system, the client has the ability to create multiple milestones. "

 

Yet, at the same time the Subcontractor does not have such ability (to create new milestone/s) as has been confirmed by yourself above, even after completing all of the preceeding milestones.

 

"However, clients need to release the previously funded milestone before they can activate the next milestone."

 

When a Client creates new milestone without Subcontractor's consent herewith, an additional unnecessary overhead is being made with added misunderstanding by both parties to resolve this issue through a set of events/actions as follows (the most positive scenario possible with an exceptionally reasonable Client, as seen from a non-affiliated unbiased Subcontractor's point of view):

 

(01) The Supplier completes the work, getting the final funds per final milestone released to their "security" waiting list with corresponding email dispatched and the Subcontractor is expecting the Client to end the contract per its successful completion;

 

(02) Client decides that they need additional work to be made on top of the pre-approved Agreement, which has been naturally completed by Subcontractor with delivering of the final milestone, - and creates a new milestone for such additional work outside of the Agreement, against preapproved list of total milestones by Subcontractor;

 

(03) While expecting final feedback from the Client as per completely delivered works per the Agreement, the Subcontractor receives email notification of a newly created milestone by the Client with additional requirements which were not seen before, which looks as follows:

 

Subject: "ClientFirstName ClientSecondName assigned you a milestone!"

 

Contract Action Taken By ClientFirstName ClientSecondName
Description of needs .......................................................................................................................
.........................................................
.........................................................
.........................................................
.........................................................
.........................................................
Contract details
Contract
[Project name that the Subcontractor has been working on for the past XXX days]
New milestone
Milestone XX: Name of a newly added milestone.
 
View Contract
Thanks,
The Upwork Team

 

(04) The Subcontractor contacts the Client and expresses their discomfort with the newly added milestone and suggests to create a separate assignment instead - as clearly stated within the Agreement - after the current Agreement is completed and corresponding feedback provided to the Subcontractor;

 

(05) The Client apologizes for their misconduct, cancels newly created milestone and requests refund in the amount of the newly added Milestone (USD XXXXX) from the Subcontractor;

 

(06) The Subcontractor receives an email with Subject line "ClientFirstName ClientSecondName has requested a refund" with the contents as follows (an actual copy of received email):

 

Review the escrow refund request
Hi Alex,
An escrow refund request has been submitted for the following contract:
Contract details
Contract
[Project name that the Subcontractor has been working on for the past XXX days]
Requested Amount
$XXXXX.00
 

You have 7 days to review the request and approve or not approve it. If you do nothing, the escrow balance will be automatically returned to the client.

 

 

 

It is worth noting that in a fast paced actual working environment, that might be misunderstood as Client's dissatisfaction with the Works delivered by the Subcontractor per the ongoing Agreement and that the Client is requesting partial refund, as only the project name is shown and the milestone name and its date of creation are NOT mentioned.

 

(07) The Subcontractor contacts the Client and requests their comments on the (full/partial depending on the USD XXXXX value above) refund request and asks to list their points of dissatisfaction which were never expressed before;

 

(08) The Client explains that the refund was intended for the newly added milestone and apologizes for misunderstanding;

 

(09) The Client provides a review to the Subcontractor (ATTENTION which might be slightly different now after the above experience), closes the ongoing Contract/Agreement as successfully completed;

 

(10) The Client creates a new private assignment, invites the Subcontractor and wishes them "a good day".

 

The above "wall of text" and set of unnecessary actions could have been avoided by excluding the very technical possibility of adding a new miletone by the Client within an ongoing Contract/Agreement as it goes against the Contract/Agreement, where Subcontractor's consent for such action is irrelevant.

 

For projects starting at USD 165000 and above lasting for at least 8 (eight) months and more this technical flaw impedes a subcontractor's ability to keep control over the Project, their workflow, the Client's buyer experience and as result - the reputation of said Subcontractor.

 

And since there has not been expressed any considerable effort and/or intent to apply such an effort to address the above disclosed issue, I do hereby understand and accept that Subcontractors who are being generally specialized in delivering relatively big and long term projects at a world class quality are not welcome on the UpWork Inc. marketplace/platform and therefore withdraw any further participation within the UpWork Inc. marketplace/platform until the above issue is addressed as suggested in details.

 

Thank you for paying attention.

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