Thanx Susan
The prospective client and I are working through this Ive worked with your idea as well And that is one of my potential counters if this really turns into a negotiation. The project, as described could be broken down into three main deliverables. But, currently, Im still holding to my Payment due 30 days after Invoice received (Id actually prefer Net15, but hey ) Rich From: Susan Stecklair [mailto:[email protected]] Sent: Wednesday, April 06, 2011 12:18 PM To: 'Rich Silva'; [email protected] Subject: RE: [EDI-L] <MISC> - To all Contractors out there Hi Rich In the past Ive had contracts with payments tied to deliverables, but was able to divide them into Sub-Deliverables, such as Business Requirements Documentation, Technical Mapping Spec completed, etc. that would trigger a payment milestone. Therefore payments could be made throughout the 4 months or so that I worked on the project. I would also add that the client has a set number of days to respond to the milestone, or it is considered approved. It helped that the director knew me and was willing to help with this. As people have already said, sometimes the contracts are written to place too much of a burden on the contractors. One business wanted me to be responsible for all costs associated with delays of the project regardless of the reason for the delay. Another wanted me to absorb all their ASN late-transaction penalties assessed by their customers forever. You just have to laugh and walk away. Not all business is good business. Susan Stecklair 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) 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> > [email protected] <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] ------------------------------------ ... 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/
