Have them pay out the hours to date, and then work out a new contract (that would be the easiest for you AND them) with a whole new set of estimates.
Or less desired (get it in writing before you start that they agree) just charge them the hours that this project will now take, giving them new estimates. On 1/18/07, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote: > > > > I have a contract with a client that is signed and everything is great. > > I did several mock-ups and they selected the one they wanted. I put forth > the hours that > was outlined in the contract (Project Estimates) to add all their content > and make it the > way they wanted. A few dyas prior to going live with the site, my client > had a meeting > with their board of directors. The Board members shot down the layout. > They wanted > something totally different. Therefore all development stopped and waited > on confirmation > of the new layout. > > Once I received the new requirements, the new layout was designed. > However, at this point > the number of hours allocated to the project had been exceeded. > > In my contract I do have the paragraph: > ----------------------------------------------------------- > 4.3 Out of Scope Services and Lost Time. If the Statement of Work > indicates a fixed payment, then such payment is subject to additional fees > due to: (a) the performance of services beyond those described in the > Statement of Work; or (b) delays or additional costs incurred by Developer > as a result of Client's failure to perform Client's obligations > (collectively, the "Out of Scope Services"). The Out of Scope Services > include, without limitation, (a) the performance of services other than > those described in the Statement of Work; and (b) any commercially > unreasonable time Developer stands idle as a result of any failure of Client > to perform Client's obligations as described in Section 3 of this Agreement > (or otherwise pursuant to this Agreement). All Out of Scope Services shall > be chargeable to Client on a time and materials basis at Developer's > then-current rates for such services. > ----------------------------------------------------------- > > Now based on that, my thoughts are to bill for the remaining balance of > the contract and a new contract go in place (Time & Materials) to complete > the remaining work. > > Does that sounds ethically and legally correct in doing so? They want to > have the site completed but I have exceeded the hours already and do not > want to be taken advantage of. > > Thanks! > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Upgrade to Adobe ColdFusion MX7 Experience Flex 2 & MX7 integration & create powerful cross-platform RIAs http:http://ad.doubleclick.net/clk;56760587;14748456;a?http://www.adobe.com/products/coldfusion/flex2/?sdid=LVNU Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:225041 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
