Ive typical entered into contracts with clear statements of work (SOW), explicitly stated deliverables on a checkpoint/milestone basis, with progress payments due for each deliverable/milestone. My contracts state that if each progress payment is not paid timely, i.e., due on receipt, that work stops until payment is received. If youre on a hourly contract, then you should still have clear deliverables, and timely payment. Would any employee continue working if there were testing challenges that impacted a milestone if they were not paid on the weekly/bimonthly, whatever salary payment schedule is what the company uses? In such a scenario, would your company stop paying you your salary when it was due?
Rachel Foerster 847-872-8070 From: [email protected] [mailto:[email protected]] On Behalf Of Jason McMahon Sent: Wednesday, April 06, 2011 10:38 AM To: 'Rich Silva'; [email protected] Subject: RE: [EDI-L] <MISC> - To all Contractors out there The only comparable clause I have seen is half down and the other half on completion/delivery. Billable hours are usually reviewed weekly with updates given to the person in charge. And the fact that delays are inevitable, payment could be a long time in coming. Sincerely, Jason McMahon 8079 Village Drive Cincinnati, OH 45242-4315 <mailto:[email protected] <mailto:gutausse%40cinci.rr.com> > [email protected] <mailto:gutausse%40cinci.rr.com> http://gutausse.weebly.com/articles.html <http://gutausse.blogspot.com> http://gutausse.blogspot.com <http://www.linkedin.com/pub/jason-mcmahon/11/743/51b> http://www.linkedin.com/pub/jason-mcmahon/11/743/51b _____ From: [email protected] <mailto:EDI-L%40yahoogroups.com> [mailto:[email protected] <mailto:EDI-L%40yahoogroups.com> ] On Behalf Of Rich Silva Sent: Wednesday, April 06, 2011 11:24 AM To: [email protected] <mailto:EDI-L%40yahoogroups.com> 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) Id 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, its 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> <mailto:RichSilv%40Pacbell.net> > [email protected] <mailto:RichSilv%40Pacbell.net> <mailto:RichSilv%40Pacbell.net> ü Please consider the environment before printing this email. [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] ------------------------------------ ... Please use the following Message Identifiers as your subject prefix: <SALES>, <JOBS>, <LIST>, <TECH>, <MISC>, <EVENT>, <OFF-TOPIC> Job postings are welcome, but for job postings or requests for work: <JOBS> IS REQUIRED in the subject line as a prefix.Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/EDI-L/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/EDI-L/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
