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What Happens When a Freelancer Does Work for a Client Without a Contract

blog.kunvay.com

11–20 of 74 posts

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#11
I'm just going to echo what everyone else is saying: Contract. Contract. Contract.

A contract isn't some scary legal document full of cryptic legalese. It's a clear description of what services will be provided and what the compensation will be. And on what schedule everything will happen. With details about what happens if things go south.

Most client problems are not as cut-and-dry as "he took all of my work and is laughing at me and lighting cigars with $100 bills while he refuses to pay me for absolutely no reason." Most disputes are based on misunderstandings of some sort. They think feature X was in-scope. You disagree and want to bill them additionally for it. They are withholding pay because they don't consider the project completed. You do. And such. Having to threaten a client will waste a ton of your time and sour relationships -- clients you have disputes with can still be good clients. This is why you write down everyone's expectations at the start.

Most clients aren't evil. They want good relationships with the people who work for them. But disagreements arise. Contracts give everyone a neutral document to refer to and say "look, this is what we agreed upon when we started."

Use contracts.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#13
In short you can, and will, get fucked by your client. Never do work without a contract. I would have thought it were common sense but I have seen far too many people owed thousands from clients they did work for who then gave them the finger. Most people/small companies don't have the money or don't want to spend the money on getting the money as it will end up costing them more so they just put it down to "that is the price you pay". Well that is a fucking stupid attitude and you are a fool for doing the work without a contract. Watch http://vimeo.com/22053820.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#14

Recently, I've been using contracts that do not transfer copyright. We grant them unlimited license to our copyrighted content. We also signed an NDA, preventing us from relicensing the codebase to a competitor. We haven't done anything to take advantage of keeping the copyright yet, but I like keeping the rights for ourselves. I imagine of anything it would make it easy for is to open source code that doesn't tie in…

An NDA or a non-compete? These are different beasts.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#16
Question for other freelancers: how do you handle changes in a spec?

I've been nervous about this lately because I'm doing freelance work and the contract outlined a spec that we've now deviated from greatly. I'm not incredibly worried because we do bi-weekly billing but do you regularly ask clients to revise contracts if the spec changes?

And when you begin a contract, what level of specificity in a spec is a good idea? Obviously some level of specificity is a must, but an overly detailed contract leaves you in the position I described above where the contract does not actually describe the work in progress.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#17
post #5

I outsource work on eLance, and this made me investigate. For anyone else wondering, eLance's terms state that any IP for a project belongs to the employer after payment is made: https://www.elance.com/q/sites/default/files/page_pdf/legal/... https://www.elance.com/q/blog/elance-protection-dead-bolting...

Just so you know, it's Elance – no weird Apple iSpelling. :)

You mean aPple, right? :)

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#19
I can see a client canceling a deal without paying after you have done work due to not having a contract. To actually use the work you produced and weasel out of paying with a "ha ha I tricked you into working for free" is really malicious. I would say that client would probably never have paid anyway. However you may force them to reveal their hand by signing a contract. They will probably try to find some other loophole, but at least you have some documentation that helps you to take legal action.

I have had client drag their feet on the contract and the down payment, but rush me to start. My feeling is that if you can't get a check when they are desperate for you to start, then it certainly will be difficult getting one after the work is complete.

The more eager you are for the gig, you may be more willing to agree to things. But definitely it's a always a good idea to be patient and make sure both sides agree to the terms before you invest your labor.

Re: What Happens When a Freelancer Does Work for a Client Without a Contract

#20

While #1 is getting a contract, in "Mark's" case, he has a claim for Unjust Enrichment. If you have a client that uses work you did, even if you have no contract, you can still sue for damages under Unjust Enrichment laws in the US.

There's theory (taught at Yale Law), and then there's practice. While you may be theoretically correct, on a practical level, the lack of a contract makes getting paid much more difficult. Unfortunately, I can't bill the client for the time or stress of the legal case, and winning is never a certainty. Consider that the client is much larger, and may have lawyers on staff full-time.
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