Thanks for the advice and the abysmal outlook...thankfully I have a
decent full-time job and am primarily concerned with how to deal best
with side-job stuff that I do every so often. Usually its $500 for a
quick little program or a simple web design due in two weeks and I
knock it out the first week on a Saturday but I am starting to get
folks who want me to do more complicated programming work that I'd
love to do but don't exactly have a rich background in. I have no
doubts I can do the work but I want to formalize these agreements in a
way that the two-week jobs don't really require...I don't think I'll
ever venture out past doing this kind of work as a side-job since I'm
too lazy to be a 'real' contractor....


On Tue, 22 Feb 2005 10:32:56 -0800, Kurt Cagle <[EMAIL PROTECTED]> wrote:
> James,
> 
> If I can add my two cents worth here as well ...
> 
> I have similarly been contracting for about twenty five years, and I
> will second everything that Ron wrote.  Incorporate as an s-chapter
> corporation - if you go in as a sole proprieter, you're personally
> liable for all debts incurred, still have to pay self-employment tax,
> and generally have almost no protection under the law if your business
> faces bad economic times (I speak from experience here).  Make sure that
> you have about a six month pad  in the bank  (I'd even recommend a
> year's worth if you can manage it) because you WILL dip into that pretty
> quickly as you're establishing yourself. Far too many consultancies have
> failed because, even though people may have the contracts, the money is
> very slow in coming in.
> 
> Keep in mind as well that your operational expenses will also include
> health insurance costs, a necessary expense even if its becoming
> increasingly unaffordable. If you get sick or injured, you are not
> bringing in income, and having to pay out of pocket for anything
> sufficiently severe that it keeps you from working will likely wipe out
> what little pad you do have..
> 
> If you do manage to establish yourself as an independent vendor with a
> large company (a much more difficult task today than yesterday), expect
> that it will be a minimum of three months before you see any money, as
> it usually takes at least that long for vendors to be vetted and entered
> into the system. For government contracts, add another three months to
> that. As a contractor, the game almost invariably favors the hiring
> company, and in recent years, this has becomee even worse. Large
> software companies such as Microsoft not only seldom hire independent
> contractors anymore, they typically only use only one or two large
> body-shops to bring in people, and unless you are exceptionally well
> known in your field, you will almost invariably end up being brought in
> by such companies ONLY under contract. Microsoft in particular (again
> from experience) has been slapped down a couple of times for keeping
> their hires as contractors for years, but that doesn't mean that they
> don't still do it or that other companies don't do it as well.
> 
> I'm a writer (you want to talk about a nice "secure" job!!?)
> specializing in computer trade books - and writing is probably one of
> the few professions where you can still be an independent, though the
> money is nowhere near as good as you can make even as a contractor, sad
> to say.
> 
> My recommendation, as awful as it may be - if you only have a couple of
> years under your belt, put up with the contract mills for a while, even
> if they are vampiric leaches. Get the experience and the resume. Start
> writing for publication - a few good technical articles under your belt
> and maybe even a computer book or two can be a useful business card.
> Read the fine print of your contracts closely, and choose jobs that
> don't restrict you from taking moonlight contracts. Start building up a
> client base through these -- happy customers refer other happy
> customers, and tend to grow as you do. Be careful to keep a chinese wall
> between your contracting service clients and your own - don't use code
> from one for the other, don't put yourself into a situation where your
> contracted employer can turn around and sue you.
> 
> Finally, only half in jest, don't go into consulting if you're married,
> unless your wife is making enough to offset any slow periods on your
> part and is willing to make the sacrifices to keep the family going in
> lean times. Consulting is a feast or famine situation - you will either
> be busier than you can handle or you will be slower than you can
> survive; besides the uncertainty in income, the constant stress of
> either you not being available at critical times or you being too
> available at non-critical times will doom most marriages except the
> strongest.
> 
> As with any profession, most people who have established themselves in
> the field will tell those that haven't that its not worth it, so always
> take things like this with a grain of salt. The benefits of having your
> own business can't be beat either - you choose your hours (though you
> will put in more than most "full-timers"), you generally profit from
> your own work rather than getting the final sliver of a body-shop's
> fees, you can make the decisions for good or bad rather than being at
> the beck and call of a boss. For some people, this is worth the long
> hours, the periodic famines, the regulatory headaches.
> 
> -- Kurt Cagle
> 
> 
> Ron Wingfield wrote:
> 
> >Hello James,
> >
> >I've contracted for about twenty-five years.  From experience, here's a few 
> >tips:
> >
> >Incorporate your business.  You'll gain protection under the corporate veil.
> >Elect Sub-chapter S.  (Essentially, you'll pay only personal income taxe, 
> >and not corporate taxes.
> >Always contract for 1099 payment -- Never, never W2!
> >
> >Also, there are essentially twenty to twenty-one criteria for independent 
> >contractor status.  (I Googled around and found this link:  
> >http://www.hasys.com/systems/20_factors.pdf ).
> >
> >Be aware that the contracting business is not what it used to be.  With 
> >out-sourcing and off-shoring, it's tough to compete with someone making 
> >$10/day when you used to get $75 to $125/hr or more (keep in mind that 
> >China's not a major player, . . .yet).  Also, the technology has changed or 
> >evolved to the point that no one, NO ONE, can know it all.  RFP's or job 
> >orders can be so specific that the odds of a match are abysmal.  More likely 
> >than not, and especially with government contracts, the client usually has 
> >someone or some company already in mind, but the contracting agency is 
> >required by law to publish an RFP (. . .all that Equal Opportunity stuff, 
> >etc.); therefore, they write the RFP to be so exclusively specific that the 
> >odds of another responding party meeting all of the requirements are a 
> >zillion to one.
> >
> >Adding insult to injury of this scenario, many companies are so gun-shy of 
> >IRS consequence, that they will not contract directly with a single 
> >independent contractor; rather, they contract with staffing or accounting 
> >firms that are notoriously overpriced for the skill levels of indivudual 
> >that they provide.  If for example, you work with a company like Accenture 
> >(formerly Authur Anderson), you'll get paid a fraction of what they bill you 
> >out for, and probably, they're going to only hire you as a W2 employee, 
> >anyway.  I have worked with a few small job brokers, but beware!  There are 
> >only two or three that I respect and will still do business with, and also 
> >the business has become much more difficult for them, too.
> >
> >Finally, the perceived value of the work done is devalued.  Programming in 
> >the traditional or former sense (as in two decades ago) is now considered no 
> >more than a clerical task.  The market for programming skills, (the 
> >so-called wave of the future, . . .I never liked that term, anyway) has been 
> >glutted by trade school wonders that have no concept of how business is 
> >conducted (don't believe me, . . .ask an eighteen-month "graduate" to write 
> >a five page abstract on the nuances of MRPII, the ramifications of 
> >Just-in-Time Inventory with emphasis on Raw Materials in considerations for 
> >the Rolling Mill Production Schedule of a hot rolled steel mini-mill, all of 
> >which are blanked under an Enterprise System that included Human Resources, 
> >Payroll, and General Plant Accounting.)
> >
> >Finally, the web and advent of HTML, et. al., has created an opportunity for 
> >art students and marketing grads. to get into the mix.  This is why so many 
> >web sites are such a pain in the !#$% to visit.  Too much information, . . 
> >.too much time to load, . . .too annoying.  Given the plethora of html page 
> >editors, etc., web design has become more of a cosmetic thing -- it's 
> >certainly not programming.  (Arguably, server-side code and to some extent, 
> >client-side Java Script require some programming and organizational skills.)
> >
> >As for server and network administration, again, the technology is analogous 
> >to no more than typewriter repair skills of the pre computer era.  After 
> >all, personal computers, etc. and now considered to be disposable Consumer 
> >Electronics by the industry.
> >
> >Bummer, huh?
> >Seriously, good luck,
> >
> >Ron Wingfield
> >
> >--------------------------------------------------------------------------------
> >
> >
> >  ----- Original Message -----
> >  From: James W. Thompson, II
> >  To: beginners@perl.org
> >  Sent: Monday, February 21, 2005 7:49 PM
> >  Subject: [Maybe OT]
> >
> >
> >  This isn't a technical question and I know no one here can/should
> >  probably dispense legal advice; but does anyone know of some good
> >  resources (other than talking to a lawyer) regarding freelance
> >  programming/consulting contracts?
> >
> >  --
> >  James W. Thompson, II (New Orleans, LA)
> >
> >  --
> >  To unsubscribe, e-mail: [EMAIL PROTECTED]
> >  For additional commands, e-mail: [EMAIL PROTECTED]
> >  <http://learn.perl.org/> <http://learn.perl.org/first-response>
> >
> >
> >
> >
> >
> 
> 


-- 
James W. Thompson, II (New Orleans, LA)

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