Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Ask HN: Could you share your general purpose development contracts?

news.ycombinator.com

Post reply on HN
Print view View original

11–20 of 54 posts

Re: Ask HN: Could you share your general purpose development contracts?

#11

Post by Radim »

brudgers wrote: post #10

[IANAL] I come from a field, AEC, which in the US uses a lot of standard contracts. The AIA contracts, though not the only option, are very common and have been developed over the course of 100 years. The architecture series start with B. These are, in my opinion, a good model for a software consulting project because: + Neither party really knows the full scope of the work when the contract is let. As my mentor Ronn…

I don't know what these acronyms mean, but I'd hate NOT being assigned full intellectual property rights, as a client hiring a freelancer.

Is that really common in your field? What's your field's price tag between doing full IP assignment vs. a license-only?

Re: Ask HN: Could you share your general purpose development contracts?

#12

Post by reboog711 »

The ones I use are on the sidebar of my blog; which I posted in conjunction with an article I wrote ( Deconstructing the Consulting Contract ) for a print publication called Fusion Authority Quarterly Update (FAQU):

http://www.jeffryhouser.com/download.cfm/dir/software/file/c... . I do not know if the article is still available anywhere; it is from 2005. [Maybe I should update said documents; but primarily very little has changed]

Bigger clients will have their own contracts [and sometimes very little negotiation room]. I've drive some clients crazy w/ negotiations and about what rights I refuse to sign away.

Update: Here is the original article I wrote http://www.jeffryhouser.com/enclosures/DeconstructingConsult... [I guess it was 2007; not 2005]

Re: Ask HN: Could you share your general purpose development contracts?

#13

Post by k__ »

Radim wrote: post #11
brudgers wrote: post #10

[IANAL] I come from a field, AEC, which in the US uses a lot of standard contracts. The AIA contracts, though not the only option, are very common and have been developed over the course of 100 years. The architecture series start with B. These are, in my opinion, a good model for a software consulting project because: + Neither party really knows the full scope of the work when the contract is let. As my mentor Ronn…

I don't know what these acronyms mean, but I'd hate NOT being assigned full intellectual property rights, as a client hiring a freelancer. Is that really common in your field? What's your field's price tag between doing full IP assignment vs. a license-only?

If you create basic CRUD apps it is probably not so common.

But for anything more advanced it would be wise to have the option of using the software in other projects to save time and money.

Re: Ask HN: Could you share your general purpose development contracts?

#14

Post by reboog711 »

Radim wrote: post #11
brudgers wrote: post #10

[IANAL] I come from a field, AEC, which in the US uses a lot of standard contracts. The AIA contracts, though not the only option, are very common and have been developed over the course of 100 years. The architecture series start with B. These are, in my opinion, a good model for a software consulting project because: + Neither party really knows the full scope of the work when the contract is let. As my mentor Ronn…

I don't know what these acronyms mean, but I'd hate NOT being assigned full intellectual property rights, as a client hiring a freelancer. Is that really common in your field? What's your field's price tag between doing full IP assignment vs. a license-only?

AEC usually means Architecture, Engineering, Construction.

I usually take it to mean the process of building buildings and making sure they won't fall down, but that may be oversimplified from someone who actually works in that industry.

Re: Ask HN: Could you share your general purpose development contracts?

#15

Post by IgorPartola »

Here's what I used last time:

https://gist.github.com/malarkey/4031110

I like the plain language of it. For me, contracts are a necessity. The way I see it is that people who want to not pay, won't pay. You'd need an army of lawyers to craft a bulletproof general purpose contract. Instead, I go by a mutual understanding sealed by a simple contract.

From what I understand, the best tool/weapon you have is a clause that says that copyright assignment from you to them happens upon receipt of full payment. That way you hold their work until you get paid. YMMV and IANAL.

Re: Ask HN: Could you share your general purpose development contracts?

#16

Post by Radim »

k__ wrote: post #13
Radim wrote: post #11

Earlier quoted context omitted.

I don't know what these acronyms mean, but I'd hate NOT being assigned full intellectual property rights, as a client hiring a freelancer. Is that really common in your field? What's your field's price tag between doing full IP assignment vs. a license-only?

If you create basic CRUD apps it is probably not so common. But for anything more advanced it would be wise to have the option of using the software in other projects to save time and money.

Indeed, but that sentence applies equally to either side of the contract!

Which is why I wonder what the "accepted standard" & "cost of giving up IP" is. I assume it varies greatly across domains -- OP's is "web development".

Re: Ask HN: Could you share your general purpose development contracts?

#17

Post by joe9 »

jMyles wrote: post #2

These days, I usually have a recorded sit-down (in person or over the phone) and discuss very specific details with the client and inform them that this recorded conversation will be the basis for the beginning of an agreement. We then share the recordings with them, along with a written summary of the agreement. Fortunately we've never had to go to court, but I'm told by my lawyers that this will hold up just fine.…

That's very interesting. Are your clients typically open to this, or do you run into any resistance?

Re: Ask HN: Could you share your general purpose development contracts?

#18

Post by raverbashing »

jMyles wrote: post #2

These days, I usually have a recorded sit-down (in person or over the phone) and discuss very specific details with the client and inform them that this recorded conversation will be the basis for the beginning of an agreement. We then share the recordings with them, along with a written summary of the agreement. Fortunately we've never had to go to court, but I'm told by my lawyers that this will hold up just fine.…

Yes, this sounds like a good idea

Someone might have an objection to a boilerplate contract and this is always too much of a coming/going between lawyers of both parts.

With a personal discussion you can get whatever interests each part and get to an agreement faster.

Re: Ask HN: Could you share your general purpose development contracts?

#19

Post by johnorourke »

I work on small projects (from $5k to $50k) and have no formal contracts. My thinking is that:

- the client can afford more expensive lawyers than I can, so regardless of the truth they would be able to wipe me out

- if the client has to read the detail of the contract, it's probably too late to save the relationship anyway

- maintaining the relationship is everything, being honest and open and striving to maintain a service that is genuinely useful to the client, even if you're not always perfect.

I do have a contract with one client but any questions about it have been about the 'spirit' of it, not the detail.

Pricing is everything: if you're too cheap, you'll struggle to deliver and will not meet expectations. Too much, and you'll lose out to your competitors.

Re: Ask HN: Could you share your general purpose development contracts?

#20

Post by dripton »

johnorourke wrote: post #19

I work on small projects (from $5k to $50k) and have no formal contracts. My thinking is that: - the client can afford more expensive lawyers than I can, so regardless of the truth they would be able to wipe me out - if the client has to read the detail of the contract, it's probably too late to save the relationship anyway - maintaining the relationship is everything, being honest and open and striving to maintain a…

That's an interesting angle that I hadn't heard before. I'd still rather have a contract, just to avoid confusion about the terms of the deal.
Post reply on HN