Find another contract, especially if you can’t support it. My contracts were
always to be paid at specified intervals, generally monthly, with hours and
status reports filed each week. The hours always needed to be approved each
week by my client supervisor. Once approved, they were committed to pay.

 

If there are any issues in the end, that’s when the lawyers could get
involved if they wanted to go to that trouble. But if hours are being
approved each week, then there shouldn’t be any issues. Somebody is
confirming that you’re doing the work that they want you to do.

 

 

 

 

 

From: [email protected] [mailto:[email protected]] On Behalf Of Rich
Silva
Sent: Wednesday, April 06, 2011 8:24 AM
To: [email protected]
Subject: [EDI-L] <MISC> - To all Contractors out there

 

  

Or those of you with Contracting experience… OK, any of you…. Feel free to
chime in…

A prospective client of mine (their lawyers anyway) have asked that I add a
clause to “Exhibit A of the Contractors Agreement” (Exhibit A, in their case
is basically the place where I put in my billing terms…) that goes something
like

“…payment is not due until testing has been approved and completed…”

I have a lot of issue with this, not only because it holds up payment on the
entire contract until the end (and I am in no condition to support that) but
because it also leaves me no leverage if they decide to withhold payment
(for any reason)… I’d have made my “deliveries” and its not like I could
“remove” them… (Other than legal).

Not to mention that “Now” I/we will have to negotiate and agree on
“Acceptance Criteria” which so far has been loosely “make it work”…

(For a bit of context, it’s a multi month contract… Currently labeled as a
“Phase 1” (of at least three)… And both sides (myself and my contacts within
the company) are hoping that this turns into a “long friendly relationship”…

I was curious if any of you have seen anything like this…

And if any of you have some alternative positions I might offer while I
negotiate around this issue?

Thanx, 

Rich

Description: Wizard Clip Art SigRichard Silva

Silva Software Services – United States

Phone: (310) 387-8364

Email: <mailto:[email protected] <mailto:RichSilv%40Pacbell.net> >
[email protected] <mailto:RichSilv%40Pacbell.net> 

ü Please consider the environment before printing this email.

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