Scott,
FK YOU PAY ME - very informative. Again, very good advice. 
Thank you.

Date: Mon, 5 Aug 2013 14:18:27 +1000
Subject: Re: Estimate Time and Cost before signing a contract
From: [email protected]
To: [email protected]

Also consider the following
- All code/IP is locked into escrow until both parties confirm delivery 
(protects you and them at the same time).- Fixed contracts are just that a 
contract based on fixed units of work. Any deviation whatsoever is a separate 
contract  and don't just "give freebies" away as it can backfire on you given 
you're setting a tone / assumed & reasonable agreement precedent.
- Place financial milestone rewards. Don't wait holding the "code" bag at the 
end, have the customer pay for each milestone as this will give both parties an 
exist strategy should the wheels start coming off.. Also bake in a % of the 
total cost (5%) as a carrot for final delivery + Severity #1 free to show 
customer you are sticking around for the long haul.
- Identify a communication plan upfront. "We agree to have 1x meeting each XXX 
days...etc" if you ever go to Small Claims Tribunal for non-payment these sort 
of agreements hold more water than you think. As in situations like that you're 
trying to prove the customer had lost the faith and you were there all along.
- FK YOU PAY ME....https://vimeo.com/22053820 watch and learn.. this guy made 
me laugh but after retaining a lawyer for small jobs here & there.. his wisdom 
won me more $$ back then previous.. The amount of times customers would just 
fade away after I did the work made me almost broke at one stage in 2010.
- Be clear what IP/Copyright you own before and after. I accidentally got in 
hot water with Aust Govt after I used a design i made on my portfolio. Turns 
out copyright law says I own all artwork unless done by govt ...its as if they 
did that deliberately .. but it caught me by surprise and from there onwards i 
carve the IP/Copyright cake upfront and cleanly that way no more of these "but 
i own the IP" shenanigans. Plus it reinforces trust some more around who gets 
what and why.
- Make the customer pay for the discovery and delivery... its one thing to say 
"here's a brief overview of what i need now how much" as you can charge the 
client for the discovery phase as well as delivery. It also is a good milestone 
PRIOR to doing any "Agile" ... as that "feature" list doesn't make itself :)

My 2c.
---
Regards,
Scott Barnes
http://www.riagenic.com


On Sat, Aug 3, 2013 at 10:03 AM, Richard Jones <[email protected]> wrote:




Thanks Paul for advice,
This is really useful information.  
Richard


From: [email protected]

To: [email protected]
Subject: RE: Estimate Time and Cost before signing a contract
Date: Sat, 3 Aug 2013 09:32:02 +1000


Richard,
 

Great advice there from Greg. 
 

I do a lot of lump sum fee work, but as an independent project manager in 
property development and construction (coding my own web project ideas is a 
hobby yet to pay any dividends)

 
In terms of how you go about it I suggest –

 
1.    Write your scope / role in broad but concise terms to provide to the 
client (but this is just as much for your own benefit as follows);

 
2.    List your deliverables and describe them. I guess for software you need 
to describe the functionality / limits of functionality to be achieved as well;

 
3.    Determine your lump sum amount by listing in a spreadsheet, in sequence, 
every step and item of work you need to achieve the end result, and estimate 
your number of hours for each, then apply your hourly rate. The more you break 
this down, the more realistic it will be with respect to the real cost to do 
the work, and the less dependent the amount will be on the accuracy of your 
hour estimates for each item. If you know the client and they are straight 
forward people consider providing this to them and asking if that’s the way 
they see the task as well. As many times as I’ve had to cut the estimate to 
meet expectations or get the job I’ve also had good sensible clients say they 
believe more time would be required overall. Of course they may use your list 
to get prices from someone else but at least that helps prevent a less 
competent person getting the work by failing to identify all the work items 
required;

 
4.    Work out the things to advise that will change the cost and the 
parameters you need them to work within ie; respond to my queries within 1 
business day, provide a client rep responsible for that, reprice if project 
duration > X months through no fault of your own, no allowance for any matter 
becoming protracted etc. Use these qualifications in your offer.

 
Lump sum fees can be very uncomfortable for you and the client (and ruinous to 
your financial wellbeing) if you don’t manage it every step of the way through 
the job. Maintain a good relationship with the client, don’t be talking fees 
all the time or much at all, try to accommodate errors and stuff-ups on their 
part generously, but when the scope changes be quick to say Yes, I can do that, 
it’s a great idea, and here’s an estimate of costs to implement it (include 
reworking costs). 

 
Paul ..

 
 

 
From: [email protected] [mailto:[email protected]] On 
Behalf Of Richard Jones

Sent: Saturday, 3 August 2013 6:52 AM
To: ozDotNet
Subject: RE: Estimate Time and Cost before signing a contract
 
Thanks Greg,

 
Very good advice provided, Greatly appreciated. I will review what you have 
written and come to a decision.

 
Richard

Date: Fri, 2 Aug 2013 22:47:56 +1000

Subject: Re: Estimate Time and Cost before signing a contract
From: [email protected]
To: [email protected]

Hi Richard,
 
Fixed price quotes can be a great way to make good money and to lose hard 
earned money, you have to take care and make sure you know what you are getting 
yourself into.

 
Businesses like them, because they know their maximum exposure.

 
I find that there a far too many clients, who think that they can estimate 
software development time, but they have little (no) true experience in 
software development.

 
Some thoughts…
 

Make sure that scope is clear with at least one bullet point for every 
deliverable that you know they are expecting and also clearly state that 
anything not listed in the deliverables will be cost plus later.  

 
This also helps them make sure that they have asked for everything they want / 
expect. I also typically have a list of non-deliverables, where we have 
discussed some feature and agreed that it would be included in a later version.

 
Make sure that the contract is not a one way street, if you are expected to 
take the risk on a late delivery, you should also get the reward of getting it 
in early.  If the client is asking you for a fixed price, then you should have 
the option to do the work where, when and how you like.  This also ties the 
client into waterfall development, once you give them a version for test / 
review, there will be a stack of change requests coming in AT THEIR COST!

 
I have found that some projects more than double in size with the change 
requests, that is why they have to be managed.  Take care doing a few for free, 
or you will set up an expectation.

 
Look out for clauses like: “Must be easy to use”, “Must be documented to our 
standard”, “Must be fully commented”, “Must follow our coding standard”, “Must 
be approved by our standards group”, “Must be approved by our DBA”, “Must 
interface with our un-documented system”, these are all open ended 
non-objective unclear requirements.

 
My standard way of sizing a project is loosely based on (very loosely) function 
point counting, I count the number of database tables and simple screens and 
multiply this by a factor that I have worked out over the years of my realistic 
productivity, then I add on a margin for complex logic, complex screens, client 
liaison time, documentation, testing and general stuffing around that all 
projects have.

 
Number one piece of advice, if you feel you don’t have enough information to 
make a meaningful estimation, then do your best (worse case) guess and at least 
double it.

 
After I have done this, I look at the number and ask if it feels right or not, 
if not I adjust it.  When you come to a final number, round it to a number that 
is not quite so analytical, the last two or three digits should always be zeros.

 
If they say sign now or loose the contract, you say, that is fine, I will sign 
after I complete the analysis at $X per hour, if they don’t like that, you have 
to make the call on risk / reward ratio.

 
Your analysis time should be charged or you are setting up an expectation that 
you will do work for free.

 
Follow every conversation with an email to the client sponsor, CC to who you 
were talking to “As per my conversation with Fred, you need xyz and do not need 
abc.  This will be provided with an increase in the project scope of X days and 
Y dollars.  Please confirm your agreement by return email.”.

 
Good luck 
Regards

Greg Harris
 
 

On Fri, Aug 2, 2013 at 7:51 PM, Richard Jones <[email protected]> wrote:

I have been asked by a potential client to work out time and cost estimate 
before I have signed a contract to perform the work. They indicated they didn't 
want a recruitment company.

 
To me this seems a bit strange, as I have never experienced this before, I have 
usually signed a contract got in and did the work, however, this is different. 
They have indicated to me that they think this type of work will take 3 months, 
however, they would like me to confirm/demonstrate time and cost.

 
Has anyone had this type of work?, any helpful comments/suggestions would be 
grateful.

 
 
 

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