RE: Dead Beat Clients.

2008-02-11 Thread Russ
What about Freelancers Union?  I've seen their ads, but haven't really done
research on them.  Looks like they have advocacy and insurance plans as at
least a few of the things they offer.  

www.freelancersunion.org

Russ


 -Original Message-
 From: Vincent Cannady [mailto:[EMAIL PROTECTED]
 Sent: Monday, February 04, 2008 1:21 PM
 To: CF-Jobs-Talk
 Subject: Re: Dead Beat Clients.
 
 Ok Some other Members need to do more research than others.
 
 There is just one Union out there for us right now http://www.washtech.org
 
 Here is an excerpt of their mission statement- check out their web page
 
 WashTech/CWA is the nation's leading union for high-tech workers,
 ensuring that our voices get heard and our needs are met. Today, job
 security, health care, retirement plans, offshore outsourcing and visas
 are on our minds more than ever. From Silicon Valley to Boston, high-tech
 workers are joining our national network-to raise our voice and make a
 difference. Now it is time for you to join our movement.
 
 
 Our Accomplishments:
 Offshore Outsourcing: Offshore outsourcing has become our top priority,
 and our efforts are paying off. The Seattle Times has called WashTech,
 the technology union leading the national fight against offshoring. From
 tech workers around the country we raised enough money to take an ad out
 in the New York Times, highlighting the offshore outsourcing issue and
 demanding Congress take action. Legislation: We are fighting for
 legislation that protects workers at both the federal and state levels.
 
 At the federal level:
 
 * We are fighting for reforms in the H-1b and L-1 visa issues.
 * We are asking that Trade Act Adjustment Assistance be extended to
 service sector employees.
 * We are also helping get legislation introduced that would demand
 transparency from corporations that are exporting jobs by providing
 workers with notification of the shift.
 * We convinced Congress to ask the GAO to study the trend of offshore
 outsourcing and its impact on the high-tech economy.
 
 So Steve, I do a lot of research on things that I say before I say, I do
 not post about things that I have not verified. WashTech has been to
 Washington Lobbying for us. The do in fact help with taxes, liability,
 healthcare issues, or transferring jobs overseas.
 
 So Sir please do not say things which you do not know to be untrue simply
 because I said them. You need to look things up. I was not a fan of Unions
 but after 5 years in the SEIU I learned to love them. What ever you call
 the Organization - Programmers Guild, Union, Association; the simple
 matter is we need some sort or organization. But as I mentioned in my
 previous post the only thing we can agree on is to NOT agree on anything.
 And your post proves just that. As I mentioned in previous post if you
 don't want to hear or read these things simply UNSUBSCRIBE from the list
 and your frustrations would be over!
 
 Ok, this is going to sound very gruff, but certain people need to do a
 LOT
 more research when they post here.
 
 Unions do not deal with taxes, liability, healthcare issues, or
 transferring
 jobs overseas.  They do deal with employee rights and collective
 bargaining
 in the specific context of handling relataionships between employees and
 employers.  Unions do not handle contract-specific relationships since
 the
 definition of that relationship is spelled out in the contract.
 
 Excerpt from NUW.ORG
 The primary purpose of a union is to maintain and advance the wage rates
 and working conditions of members, and to defend and promote a fair and
 safe
 working environment.
 
 When you say we simply are taught and trained to accept abuse, I'd like
 to
 know what your source is for that statement.  I certainly was not taught
 that, and no one ever trained me to accept abuse.  I was taught and
 trained
 to have a lawyer draw up a solid contract for every engagement, and in
 the
 case of non-payment, have said lawyer assist me in filing a claim against
 the offending party.
 
 All said, a Union is not practical, nor wise in the situation described
 in
 this overlong thread (that I am contributing to out of frustration).
 
 A professional organization, not unlike a Bar Association, would be the
 best
 solution in that it would clearly define the criteria to which a member
 must
 adhere, the training required, and provide resources and networking for
 new
 members.  If you don't belong to the, let's say, the Byte Association,
 then
 a reputable client would most likely avoid you like the plague.
 Likewise,
 non-members would not have the resources available to them to get the
 good
 clients.
 
 In the end, you wind up with the deadbeat clients working with the
 deadbeat
 contractors.  They would deserve each other.
 
 Excerpts from ABANET.ORG
 Welcome to the American Bar Association, the largest voluntary
 professional
 association in the world. With more than 400,000 members, the ABA
 provides
 law

Re: Dead Beat Clients.

2008-02-04 Thread Jeffry Houser
  The BAR Association is not a union ( 
http://en.wikipedia.org/wiki/Bar_association ), it's a professional 
organization.  I believe it is designed to help the customer not the 
lawyer.  When a lawyer I had hired took over six months to return the 
unused portion of a retainer, I was able to leverage his BAR Association 
affiliation to help address the issue.

  The AAMA appears to have nothing to do with doctors ( 
http://en.wikipedia.org/wiki/AAMA ).

  Did you mistyped the American Medical Association (AMA)? ( 
http://en.wikipedia.org/wiki/American_Medical_Association ).  I thought 
it was a lobbying group, not a union.  The wikipedia entry seems to 
confirm this.

  I know nothing about the SEIU, although it does appear to be a union ( 
http://en.wikipedia.org/wiki/SEIU ).

  If I read through the Wikipedia entry on Labor Unions ( 
http://en.wikipedia.org/wiki/Labor_Union ), it talks about how Unions 
negotiate with **employers** on behalf of the union members (AKA 
Employees).  This confirms my belief that such a group would be useless 
in a customer vendor relationship.

  Maybe ya'll should look into the IEEE?  ( 
http://en.wikipedia.org/wiki/IEEE ).  It is a professional organization 
for engineers and programmers.  I believe there is a lobbying piece to 
it.  However, as a current member, I don't plan to renew as I felt there 
was no benefit to membership.  Their publication for programmers 
Computer has some interesting stuff in there, but a lot of it is high 
level theory and has little relation to the daily grind of programming.

Vincent Cannady wrote:
  I mean lawyers have the BAR Association, Doctors have the AAMA, 
Chambermaids have the SEIU.



-- 
Jeffry Houser, Technical Entrepreneur, Software Developer, Author, 
Recording Engineer
AIM: Reboog711  | Phone: 1-203-379-0773
--
My Company: http://www.dot-com-it.com
My Podcast: http://www.theflexshow.com
My Blog: http://www.jeffryhouser.com


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RE: Dead Beat Clients.

2008-02-04 Thread Steve Brownlee
Ok, this is going to sound very gruff, but certain people need to do a LOT
more research when they post here.

Unions do not deal with taxes, liability, healthcare issues, or transferring
jobs overseas.  They do deal with employee rights and collective bargaining
in the specific context of handling relataionships between employees and
employers.  Unions do not handle contract-specific relationships since the
definition of that relationship is spelled out in the contract.

Excerpt from NUW.ORG
The primary purpose of a union is to maintain and advance the wage rates
and working conditions of members, and to defend and promote a fair and safe
working environment.

When you say we simply are taught and trained to accept abuse, I'd like to
know what your source is for that statement.  I certainly was not taught
that, and no one ever trained me to accept abuse.  I was taught and trained
to have a lawyer draw up a solid contract for every engagement, and in the
case of non-payment, have said lawyer assist me in filing a claim against
the offending party.

All said, a Union is not practical, nor wise in the situation described in
this overlong thread (that I am contributing to out of frustration).

A professional organization, not unlike a Bar Association, would be the best
solution in that it would clearly define the criteria to which a member must
adhere, the training required, and provide resources and networking for new
members.  If you don't belong to the, let's say, the Byte Association, then
a reputable client would most likely avoid you like the plague.  Likewise,
non-members would not have the resources available to them to get the good
clients.

In the end, you wind up with the deadbeat clients working with the deadbeat
contractors.  They would deserve each other.

Excerpts from ABANET.ORG
Welcome to the American Bar Association, the largest voluntary professional
association in the world. With more than 400,000 members, the ABA provides
law school accreditation, continuing legal education, information about the
law, programs to assist lawyers and judges in their work, and initiatives to
improve the legal system for the public.

The Mission of the American Bar Association is to be the national
representative of the legal profession, serving the public and the
profession by promoting justice, professional excellence and respect for the
law.

-Original Message-
From: Vincent Cannady [mailto:[EMAIL PROTECTED] 
Sent: Monday, February 04, 2008 7:44 AM
To: CF-Jobs-Talk
Subject: Re: Dead Beat Clients.

Hi Jeff,

Here is how a Union could help us all.

Number- the Unions deal with Government Issues such as the ones we are
talking about a. Taxes b. liability c. healthcare d. Transferring jobs
overseas e. Employee Rights f. Collective Bargaining

Even if you own your own company they could be a wealth of Resources

a. Training
b. Access 1,000,000 Liability Insurance
c. Network of Programmers
d. UNLIKE THIS SITE they could name DEADBEAT CLIENTS who don't pay (upon
your request)

As Issac mentioned in his post we simply are taught and trained to accept
abuse and another thing I think he is right about is the low rate gives
people a low expectation of your skills.

So how do we win, charging clients up front runs many good clients away
because they too have been burned by our unscrupulous lot who have found it
easier to ask for money and do no work

Not asking for money up front leaves you being owed one months pay and
trying to find money to pay your light bill and ISP, because nine out of
tenpay the first check but nothing afterwards

Suing just takes time,money, and effort

Not working leaves you broke

We are a disenfranchised lot who argue amongst ourselves we cannot even find
common ground to deal with clients who don't pay, some cannot stand the
thought of a Union,   even the owners of this site tells us what we moan
about and if we do they take down our posts.

I find our lack organization to be the one reason employers (contract or
otherwise) can get away with the things that they do, I mean lawyers have
the BAR Association, Doctors have the AAMA, Chambermaids have the SEIU. We
have nothing and are treated just like that.Maybe the other guy who said
stop programming is right. Maybe our lack of vision says something about us.
Maybe we are so logical we are stupid. I do not know but every time someone
on this site posts something that cold help us all , all we do is try to
take them down instead of support them. Maybe just maybe we deserve what we
get if we blame serial non payers on other programmers instead of this lousy
system!

I thought unions dealt with employer-employee relationships; whereas 
this thread has been dealing with company - vendor relationships.  Am 
I wrong in that?

  I can't imagine how a programmer's union would help me.

Jerry Johnson wrote:
 



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Re: Dead Beat Clients.

2008-02-04 Thread Judith Dinowitz
Vincent,

I take exception to this comment because it is really posted out of true
ignorance:
even the owners of this site tells us what we moan about and if we do they
take down our posts.

We take down posts that are libelous and inflammatory and really, in many
cases, cannot be proven beyond rhetoric. We do not censor posts coming in,
but when posts hit the archive, we have the choice of what to remove or not.
We've let a lot of stuff go. It is extremely rare that we actually delete
something. Can you name a post that we've deleted recently, or was it simply
moved from CF-Jobs to CF-Jobs-Talk?

Yes, we've deleted the root post from this thread simply because not only is
it libelous, we don't even think it's from a human being.

Judith Dinowitz


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Re: Dead Beat Clients.

2008-02-04 Thread Vincent Cannady
Ok Some other Members need to do more research than others.

There is just one Union out there for us right now http://www.washtech.org

Here is an excerpt of their mission statement- check out their web page

WashTech/CWA is the nation's leading union for high-tech workers, ensuring 
that our voices get heard and our needs are met. Today, job security, health 
care, retirement plans, offshore outsourcing and visas are on our minds more 
than ever. From Silicon Valley to Boston, high-tech workers are joining our 
national network-to raise our voice and make a difference. Now it is time for 
you to join our movement.


Our Accomplishments:
Offshore Outsourcing: Offshore outsourcing has become our top priority, and our 
efforts are paying off. The Seattle Times has called WashTech, the technology 
union leading the national fight against offshoring. From tech workers around 
the country we raised enough money to take an ad out in the New York Times, 
highlighting the offshore outsourcing issue and demanding Congress take action. 
Legislation: We are fighting for legislation that protects workers at both the 
federal and state levels.

At the federal level:

* We are fighting for reforms in the H-1b and L-1 visa issues.
* We are asking that Trade Act Adjustment Assistance be extended to service 
sector employees.
* We are also helping get legislation introduced that would demand 
transparency from corporations that are exporting jobs by providing workers 
with notification of the shift.
* We convinced Congress to ask the GAO to study the trend of offshore 
outsourcing and its impact on the high-tech economy.

So Steve, I do a lot of research on things that I say before I say, I do not 
post about things that I have not verified. WashTech has been to Washington 
Lobbying for us. The do in fact help with taxes, liability, healthcare issues, 
or transferring jobs overseas. 

So Sir please do not say things which you do not know to be untrue simply 
because I said them. You need to look things up. I was not a fan of Unions but 
after 5 years in the SEIU I learned to love them. What ever you call the 
Organization - Programmers Guild, Union, Association; the simple matter is we 
need some sort or organization. But as I mentioned in my previous post the only 
thing we can agree on is to NOT agree on anything. And your post proves just 
that. As I mentioned in previous post if you don't want to hear or read these 
things simply UNSUBSCRIBE from the list and your frustrations would be over!

Ok, this is going to sound very gruff, but certain people need to do a LOT
more research when they post here.

Unions do not deal with taxes, liability, healthcare issues, or transferring
jobs overseas.  They do deal with employee rights and collective bargaining
in the specific context of handling relataionships between employees and
employers.  Unions do not handle contract-specific relationships since the
definition of that relationship is spelled out in the contract.

Excerpt from NUW.ORG
The primary purpose of a union is to maintain and advance the wage rates
and working conditions of members, and to defend and promote a fair and safe
working environment.

When you say we simply are taught and trained to accept abuse, I'd like to
know what your source is for that statement.  I certainly was not taught
that, and no one ever trained me to accept abuse.  I was taught and trained
to have a lawyer draw up a solid contract for every engagement, and in the
case of non-payment, have said lawyer assist me in filing a claim against
the offending party.

All said, a Union is not practical, nor wise in the situation described in
this overlong thread (that I am contributing to out of frustration).

A professional organization, not unlike a Bar Association, would be the best
solution in that it would clearly define the criteria to which a member must
adhere, the training required, and provide resources and networking for new
members.  If you don't belong to the, let's say, the Byte Association, then
a reputable client would most likely avoid you like the plague.  Likewise,
non-members would not have the resources available to them to get the good
clients.

In the end, you wind up with the deadbeat clients working with the deadbeat
contractors.  They would deserve each other.

Excerpts from ABANET.ORG
Welcome to the American Bar Association, the largest voluntary professional
association in the world. With more than 400,000 members, the ABA provides
law school accreditation, continuing legal education, information about the
law, programs to assist lawyers and judges in their work, and initiatives to
improve the legal system for the public.

The Mission of the American Bar Association is to be the national
representative of the legal profession, serving the public and the
profession by promoting justice, professional excellence and respect for the
law.

Hi Jeff,

Here is how a Union could help us all.

Number- the Unions 

Re: Dead Beat Clients.

2008-02-04 Thread Vincent Cannady
Steve I did not miss the points you made the first one was that I did not do my 
research and the second one was that Unions did not deal with Taxes, Liability, 
or even Off Shoring our jobs. Maybe you missed point , that instead of jumping 
onme you should be figuring out a way for all of us to come together instead of 
te petty bickering  I have complained about before. No wonder employers of 
people on this site think they can get away with paying we do not do anything 
to stop them including telling others who are about to be cheated of of their 
labor yet again

Vince, your continual ability to miss the point amazes me.  You are still
comparing apples to oranges.  That Union is for employed technology workers,
not contractors.  This thread starting with someone complaining that they
didn't get paid by a certain list of clients on contract jobs.  I addressed
that issue by stating that it is not the mission of Unions to deal with
contract relationships.

Now you bring up the Local 37083 which, as I pointed out in my message,
deals with the relationship between employers and employees. 

Ok Some other Members need to do more research than others.

There is just one Union out there for us right now http://www.washtech.org

Here is an excerpt of their mission statement- check out their web page

WashTech/CWA is the nation's leading union for high-tech workers, ensuring
that our voices get heard and our needs are met. Today, job security, health
care, retirement plans, offshore outsourcing and visas are on our minds more
than ever. From Silicon Valley to Boston, high-tech workers are joining our
national network-to raise our voice and make a difference. Now it is time
for you to join our movement. 

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Re: Dead Beat Clients.

2008-02-04 Thread Michael Dinowitz
If the original post was a general one then it would not be a problem but it
'naming names' made it one, especially as one of those names is on the list.
It looked all the world like an attack from a false face.

On Feb 4, 2008 1:02 PM, Matt Williams [EMAIL PROTECTED] wrote:

 On Feb 4, 2008 11:26 AM, Michael Dinowitz [EMAIL PROTECTED]
 wrote:
  While this thread has evolved into a useful discussion, it's original
 premise is one that is not only inflammatory but possibly libelous. The
 problem is that it was probably posted by a sock puppet account as my emails
 to angry housewife have not resulted in any reply (though it'll probably
 result in a reply to this thread).
 
  For this reason, the base post will be removed from the archive and the
 threading will be reset to reflect the removal. I'll also be looking into
 the source of the account to see who it's a sock puppet for. Should not be a
 problem.

 Probably a good idea Michael.

 It is interesting that the original angry housewife post said it isn't
 libelous, but obviously wanted to be anonymous. Things that make you
 say hmmm.

 --
 Matt Williams
 It's the question that drives us.

 

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Re: Dead Beat Clients.

2008-02-04 Thread Matt Williams
On Feb 4, 2008 11:26 AM, Michael Dinowitz [EMAIL PROTECTED] wrote:
 While this thread has evolved into a useful discussion, it's original premise 
 is one that is not only inflammatory but possibly libelous. The problem is 
 that it was probably posted by a sock puppet account as my emails to angry 
 housewife have not resulted in any reply (though it'll probably result in a 
 reply to this thread).

 For this reason, the base post will be removed from the archive and the 
 threading will be reset to reflect the removal. I'll also be looking into the 
 source of the account to see who it's a sock puppet for. Should not be a 
 problem.

Probably a good idea Michael.

It is interesting that the original angry housewife post said it isn't
libelous, but obviously wanted to be anonymous. Things that make you
say hmmm.

-- 
Matt Williams
It's the question that drives us.

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Re: Dead Beat Clients.

2008-02-04 Thread Michael Dinowitz
While this thread has evolved into a useful discussion, it's original premise 
is one that is not only inflammatory but possibly libelous. The problem is that 
it was probably posted by a sock puppet account as my emails to angry 
housewife have not resulted in any reply (though it'll probably result in a 
reply to this thread).

For this reason, the base post will be removed from the archive and the 
threading will be reset to reflect the removal. I'll also be looking into the 
source of the account to see who it's a sock puppet for. Should not be a 
problem. 

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Re: Dead Beat Clients.

2008-02-04 Thread Jeffry Houser
  Honestly, I'm not sure of all specifics, however I do know that [in 
CT] IT services are taxed (1%), but web development services are exempt 
from that tax.  Sales tax (such as in a retail store) is taxed at a 
different rate (6%).

  An accountant would be able to expand on specifics in your state.

s. isaac dealey wrote:
   In fact, I'm probably treated a bit better because in Connecticut,
 web development services are exempt from sales tax, which is one less
 headache I have to deal with.
 
 I thought sales tax only applied to product. Am I like way out of touch? 
 

-- 
Jeffry Houser, Technical Entrepreneur, Software Developer, Author, 
Recording Engineer
AIM: Reboog711  | Phone: 1-203-379-0773
--
My Company: http://www.dot-com-it.com
My Podcast: http://www.theflexshow.com
My Blog: http://www.jeffryhouser.com


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Re: Dead Beat Clients.

2008-02-04 Thread Vincent Cannady
Judith,

Well I simply must say when someone used MY NAME IN A NEGATIVE Post it went on 
for 31 posts and no one removed it. I took offense at that, even when I 
repeatedly asked to have the post taken down it went on and on. I was talking 
from personal experience, as for the original poster, I know his wife he too 
has been ripped off it was his experiences that lead his wife to post this 
after talking with my wife. His wife read all of the posts about and myself and 
determined to put a stop to us(all programmers being ripped off) why is it when 
I said I took offense to what was being said about me that nothing was done. We 
all have the same rights. All we want is a voice to be heard.



Vincent,

I take exception to this comment because it is really posted out of true
ignorance:
even the owners of this site tells us what we moan about and if we do they
take down our posts.

We take down posts that are libelous and inflammatory and really, in many
cases, cannot be proven beyond rhetoric. We do not censor posts coming in,
but when posts hit the archive, we have the choice of what to remove or not.
We've let a lot of stuff go. It is extremely rare that we actually delete
something. Can you name a post that we've deleted recently, or was it simply
moved from CF-Jobs to CF-Jobs-Talk?

Yes, we've deleted the root post from this thread simply because not only is
it libelous, we don't even think it's from a human being.

Judith Dinowitz 

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Re: Dead Beat Clients.

2008-02-03 Thread Matt Williams
On Feb 2, 2008 6:55 PM, angry housewife [EMAIL PROTECTED] wrote:
 I have watched my husband work very hard for three or four contracts in the 
 last six months where he has only been paid ten percent of his total invoiced 
 hours. My husband never signs a contract where the work has to be completed 
 before he is paid, yet every client of his who has not paid uses this as an 
 excuse not to pay because the work or project is not completed.

 The only work my husband ever seems to get paid in full for is for work done 
 on-site.

I'm sorry, but this really sounds like bad business not on the part of
the client, but on your husband's part. If the same client did not pay
several different contractors, they are probably at fault. If the same
contractor doesn't get paid by several different clients, he is
probably at fault.

Yes there are deadbeat clients out there. Perhaps a list would be
helpful. But maybe your husband doesn't need instead of a list of
clients to avoid. Maybe he needs some training / help in drafting
contracts and dealing with said dead-beat clients.

I've done very little on contract myself, but if I ever started, I
would seek some help from someone more experienced first. Someone like
Jeff Houser on this list generally has the best advice and has
experience with clients of all types. He has been burned, but has not
come here bitching and moaning and wanting to name names. He figures
out what went wrong and tries to fix it for future clients. Your
husband (and yourself) would do well to do the same. And / Or hire
someone to train / help you learn how to deal with the past problems.

If such a deadbeat list were to exist, I may look at it as a reference
to beware of. But I'm not likely to accept it as gospel that the
client will not pay. I would have to question the contractor who put
the name there in the first place. Did they really deliver what the
client asked for? What kind of communication did he have with the
client? Etcetera, etcetera. I know that there are 2 sides to every
story. Simply putting a client name on a list is very one-sided.

Just my 2 cents.

-- 
Matt Williams
It's the question that drives us.

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Re: Dead Beat Clients.

2008-02-03 Thread Vincent Cannady
Hi Matt, 

From what I read you have never had many contracts but I can vouch for what 
Angry Housewife says that I too have been paid when I go client locations to 
work but when I am up at three o clock in the morning doing work and submit 
for those hours I never seem to get paid even if I email or IM the client at 
that time. I have worked in the Contracts Department of companies like Sprint 
and Cingular and I have seen them get burned and have to resort to Suing to 
get their money back so again I have to disagree with you about negotiations. 
A Contract is a contract; here are the three ways you can break a contract per 
the UCC -Uniform Code of Commerce

#1 Incapacity- Mentally Unfit to make a contract
#2 Age - To young to be making a contract
#3 Breach of contract - One party or another did not complete part of contract

So in our case it is almost always number three either the developer did not do 
ANYWORK (or they signed a completed project contract)
or the Client Breached the Contract by not paying

Here is the one I find funny- A Client that breeches the contract usually wants 
to hold you (the Consultant) to a NDA (Non Disclosure Agreement) meaning no 
contact with his or her end client after they terminated your services even 
though they have not paid you.

Ok. So Jeff has some experience with this so have I, I have worked for two 
different Law Enforcement Agencies, Two Different Court Houses in two different 
States, I have friends who are lawyers. I am an expert in Contract Law. And I 
always look up clients  on WWW.PACER.GOV (Federal DISTRICT Court Houses Case 
Party Index) yet I too get burned so UNLIKE you I do not consider getting 
burned me not KNOWING how to negotiate. I was my School Debate Champion and 
have won lawsuits again Fortune 500 Companies representing myself (pro se). 

The list she talks about is needed. She also has another point no one has 
picked up on, What about us HAVING A UNION. The all contracts would go thru the 
Union anynone not paying would be sued by the Union. Programmer would not need 
to come up with $2000 just to get back $2500. Instead they could pay 120 a year 
or $10 a Month to belong to a National Technology Workers Union that would 
have attorneys on staff would could deal with this mess,

I think that until that day comes along we should have this list and if the 
Clients want a list of Bad Programmers they had better pay one of US to create 
IT!


Just my $10,000!

 On Feb 2, 2008 6:55 PM, angry housewife [EMAIL PROTECTED] wrote:
  I have watched my husband work very hard for three or four contracts 
 in the last six months where he has only been paid ten percent of his 
 total invoiced hours. My husband never signs a contract where the work 
 has to be completed before he is paid, yet every client of his who has 
 not paid uses this as an excuse not to pay because the work or project 
 is not completed.
 
  The only work my husband ever seems to get paid in full for is for 
 work done on-site.
 
 I'm sorry, but this really sounds like bad business not on the part 
 of
 the client, but on your husband's part. If the same client did not 
 pay
 several different contractors, they are probably at fault. If the 
 same
 contractor doesn't get paid by several different clients, he is
 probably at fault.
 
 Yes there are deadbeat clients out there. Perhaps a list would be
 helpful. But maybe your husband doesn't need instead of a list of
 clients to avoid. Maybe he needs some training / help in drafting
 contracts and dealing with said dead-beat clients.
 
 I've done very little on contract myself, but if I ever started, I
 would seek some help from someone more experienced first. Someone 
 like
 Jeff Houser on this list generally has the best advice and has
 experience with clients of all types. He has been burned, but has not
 come here bitching and moaning and wanting to name names. He figures
 out what went wrong and tries to fix it for future clients. Your
 husband (and yourself) would do well to do the same. And / Or hire
 someone to train / help you learn how to deal with the past problems.
 
 If such a deadbeat list were to exist, I may look at it as a 
 reference
 to beware of. But I'm not likely to accept it as gospel that the
 client will not pay. I would have to question the contractor who put
 the name there in the first place. Did they really deliver what the
 client asked for? What kind of communication did he have with the
 client? Etcetera, etcetera. I know that there are 2 sides to every
 story. Simply putting a client name on a list is very one-sided.
 
 Just my 2 cents.
 
 -- 
 Matt Williams
 It's the question that drives us.
 

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RE: Dead Beat Clients.

2008-02-03 Thread William Seiter
I agree that having a union would be good for working with dead beat clients
as well as with obtaining good contracts, but a union should go further.  To
a client, a union has become the essence of 'good training'.  Would we have
an apprentice system?  Would we develop 'union programming standards'?

I think that having a union is a step in the right direction, but it is a
long road to get there.  Maybe we can have a poll to see how many people
would support it.

In the mean time I would suggest that everyone have access to a lawyer or a
lawyer system (pre-paid legal).  This way you can have a lawyer draft a
letter when you aren't paid, and you can have your 'basic' contract
reviewed.

Regarding contracts.  Does anyone have any contract examples that have
worked well that they would share with the rest of us?

William

-- 
William E. Seiter
 
Have you ever read a book that changed your life?
Go to: www.winninginthemargins.com
Enter passkey: goldengrove
 
Web Developer / ColdFusion Programmer
http://William.Seiter.com
-Original Message-
From: Vincent Cannady [mailto:[EMAIL PROTECTED] 
Sent: Sunday, February 03, 2008 10:10 AM
To: CF-Jobs-Talk
Subject: Re: Dead Beat Clients.

Hi Matt, 

From what I read you have never had many contracts but I can vouch for what
Angry Housewife says that I too have been paid when I go client locations to
work but when I am up at three o clock in the morning doing work and submit
for those hours I never seem to get paid even if I email or IM the client at
that time. I have worked in the Contracts Department of companies like
Sprint and Cingular and I have seen them get burned and have to resort to
Suing to get their money back so again I have to disagree with you about
negotiations. A Contract is a contract; here are the three ways you can
break a contract per the UCC -Uniform Code of Commerce

#1 Incapacity- Mentally Unfit to make a contract
#2 Age - To young to be making a contract
#3 Breach of contract - One party or another did not complete part of
contract

So in our case it is almost always number three either the developer did not
do ANYWORK (or they signed a completed project contract)
or the Client Breached the Contract by not paying

Here is the one I find funny- A Client that breeches the contract usually
wants to hold you (the Consultant) to a NDA (Non Disclosure Agreement)
meaning no contact with his or her end client after they terminated your
services even though they have not paid you.

Ok. So Jeff has some experience with this so have I, I have worked for two
different Law Enforcement Agencies, Two Different Court Houses in two
different States, I have friends who are lawyers. I am an expert in Contract
Law. And I always look up clients  on WWW.PACER.GOV (Federal DISTRICT Court
Houses Case Party Index) yet I too get burned so UNLIKE you I do not
consider getting burned me not KNOWING how to negotiate. I was my School
Debate Champion and have won lawsuits again Fortune 500 Companies
representing myself (pro se). 

The list she talks about is needed. She also has another point no one has
picked up on, What about us HAVING A UNION. The all contracts would go thru
the Union anynone not paying would be sued by the Union. Programmer would
not need to come up with $2000 just to get back $2500. Instead they could
pay 120 a year or $10 a Month to belong to a National Technology Workers
Union that would have attorneys on staff would could deal with this mess,

I think that until that day comes along we should have this list and if the
Clients want a list of Bad Programmers they had better pay one of US to
create IT!


Just my $10,000!

 On Feb 2, 2008 6:55 PM, angry housewife [EMAIL PROTECTED] wrote:
  I have watched my husband work very hard for three or four contracts 
 in the last six months where he has only been paid ten percent of his 
 total invoiced hours. My husband never signs a contract where the work 
 has to be completed before he is paid, yet every client of his who has 
 not paid uses this as an excuse not to pay because the work or project 
 is not completed.
 
  The only work my husband ever seems to get paid in full for is for 
 work done on-site.
 
 I'm sorry, but this really sounds like bad business not on the part 
 of
 the client, but on your husband's part. If the same client did not 
 pay
 several different contractors, they are probably at fault. If the 
 same
 contractor doesn't get paid by several different clients, he is
 probably at fault.
 
 Yes there are deadbeat clients out there. Perhaps a list would be
 helpful. But maybe your husband doesn't need instead of a list of
 clients to avoid. Maybe he needs some training / help in drafting
 contracts and dealing with said dead-beat clients.
 
 I've done very little on contract myself, but if I ever started, I
 would seek some help from someone more experienced first. Someone 
 like
 Jeff Houser on this list generally has the best advice and has
 experience with clients of all types

Re: Dead Beat Clients.

2008-02-03 Thread Bryan Stevenson
I will simply note 3 things:

1) I would never run such a list due to liability

2) Since 1995 I've only had 1 dead beat client.so perhaps it's not just
the clients??

3) Why are you hiding behind a temp Yahoo account and not giving your
name?  Surely this means you're ever bit as scared of liability as
everyone says you should be.

I feel for anyone that gets a raw deal from a client, so everyone should
protect themselves.  Paying upfront before code is released is great way
to avoid these issues.

Cheers

-  

Bryan Stevenson B.Comm.
VP  Director of E-Commerce Development
Electric Edge Systems Group Inc.
phone: 250.480.0642
fax: 250.480.1264
cell: 250.920.8830
e-mail: [EMAIL PROTECTED]
web: www.electricedgesystems.com
 
Notice:
This message, including any attachments, is confidential and may contain
information that is privileged or exempt from disclosure. It is intended
only for the person to whom it is addressed unless expressly authorized
otherwise by the sender. If you are not an authorized recipient, please
notify the sender immediately and permanently destroy all copies of this
message and attachments.




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Re: Dead Beat Clients.

2008-02-03 Thread Matt Williams
It is true that I do not have much contracting experience. And I am
probably naive about all the things that can go wrong. Because of this
and due to Isaac's comments, I will retract my comment that because a
contractor has had several non-paying clients that the contractor is
at fault.

On the other hand, I will uphold my belief that there is two sides
(maybe even more, if there are other middle-men or vendors at play) to
the story. I'm not saying that a list is necessarily a bad idea. What
I am saying, and what I would encourage every other developer to do,
is take that list with a grain of salt. Heh, if I was approached by a
client that I knew had the worst reputation on the dead-beat list, I
would probably ask them about it straight up. But I would not
immediately rule them out until I felt I had both (all) sides of the
story.

As for a union, who knows, maybe it is a good idea. It would take a
bit more dissatisfaction than the few on this list before it would
happen. I know there are a lot of developers that have been burned,
but are probably quite satisfied overall.

I also will uphold my belief that getting some help on contracts and
communication with clients is always a good idea. Just like always
trying to expand and improve your programming skill, even the
experienced contractors should keep learning how to better deal with
clients.

My humble opinions,

Matt Williams

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Re: Dead Beat Clients.

2008-02-03 Thread Aaron Rouse
Some collective representation for IT workers has its advantages and I am
sure disadvantages as well.  One thing that has always annoyed me is how IT
workers are treated by the tax man vs some other occupations and I think a
collective representation could have the power in numbers to change things
like that.

On Feb 3, 2008 2:36 PM, William Seiter [EMAIL PROTECTED] wrote:

 I agree that having a union would be good for working with dead beat
 clients
 as well as with obtaining good contracts, but a union should go further.
  To
 a client, a union has become the essence of 'good training'.  Would we
 have
 an apprentice system?  Would we develop 'union programming standards'?

 I think that having a union is a step in the right direction, but it is a
 long road to get there.  Maybe we can have a poll to see how many people
 would support it.

 In the mean time I would suggest that everyone have access to a lawyer or
 a
 lawyer system (pre-paid legal).  This way you can have a lawyer draft a
 letter when you aren't paid, and you can have your 'basic' contract
 reviewed.

 Regarding contracts.  Does anyone have any contract examples that have
 worked well that they would share with the rest of us?

 William

 --
 William E. Seiter

 Have you ever read a book that changed your life?
 Go to: www.winninginthemargins.com
 Enter passkey: goldengrove

 Web Developer / ColdFusion Programmer
 http://William.Seiter.com
 -Original Message-
 From: Vincent Cannady [mailto:[EMAIL PROTECTED]
 Sent: Sunday, February 03, 2008 10:10 AM
 To: CF-Jobs-Talk
 Subject: Re: Dead Beat Clients.

 Hi Matt,

 From what I read you have never had many contracts but I can vouch for
 what
 Angry Housewife says that I too have been paid when I go client locations
 to
 work but when I am up at three o clock in the morning doing work and
 submit
 for those hours I never seem to get paid even if I email or IM the client
 at
 that time. I have worked in the Contracts Department of companies like
 Sprint and Cingular and I have seen them get burned and have to resort to
 Suing to get their money back so again I have to disagree with you about
 negotiations. A Contract is a contract; here are the three ways you can
 break a contract per the UCC -Uniform Code of Commerce

 #1 Incapacity- Mentally Unfit to make a contract
 #2 Age - To young to be making a contract
 #3 Breach of contract - One party or another did not complete part of
 contract

 So in our case it is almost always number three either the developer did
 not
 do ANYWORK (or they signed a completed project contract)
 or the Client Breached the Contract by not paying

 Here is the one I find funny- A Client that breeches the contract usually
 wants to hold you (the Consultant) to a NDA (Non Disclosure Agreement)
 meaning no contact with his or her end client after they terminated your
 services even though they have not paid you.

 Ok. So Jeff has some experience with this so have I, I have worked for two
 different Law Enforcement Agencies, Two Different Court Houses in two
 different States, I have friends who are lawyers. I am an expert in
 Contract
 Law. And I always look up clients  on WWW.PACER.GOV (Federal DISTRICT
 Court
 Houses Case Party Index) yet I too get burned so UNLIKE you I do not
 consider getting burned me not KNOWING how to negotiate. I was my School
 Debate Champion and have won lawsuits again Fortune 500 Companies
 representing myself (pro se).

 The list she talks about is needed. She also has another point no one has
 picked up on, What about us HAVING A UNION. The all contracts would go
 thru
 the Union anynone not paying would be sued by the Union. Programmer would
 not need to come up with $2000 just to get back $2500. Instead they could
 pay 120 a year or $10 a Month to belong to a National Technology Workers
 Union that would have attorneys on staff would could deal with this mess,

 I think that until that day comes along we should have this list and if
 the
 Clients want a list of Bad Programmers they had better pay one of US to
 create IT!


 Just my $10,000!

  On Feb 2, 2008 6:55 PM, angry housewife [EMAIL PROTECTED] wrote:
   I have watched my husband work very hard for three or four contracts
  in the last six months where he has only been paid ten percent of his
  total invoiced hours. My husband never signs a contract where the work
  has to be completed before he is paid, yet every client of his who has
  not paid uses this as an excuse not to pay because the work or project
  is not completed.
  
   The only work my husband ever seems to get paid in full for is for
  work done on-site.
 
  I'm sorry, but this really sounds like bad business not on the part
  of
  the client, but on your husband's part. If the same client did not
  pay
  several different contractors, they are probably at fault. If the
  same
  contractor doesn't get paid by several different clients, he is
  probably at fault.
 
  Yes there are deadbeat clients out

RE: Dead Beat Clients.

2008-02-03 Thread William Seiter
What kind of issues have you seen with the 'Tax Man'?

-- 
William E. Seiter
 
Have you ever read a book that changed your life?
Go to: www.winninginthemargins.com
Enter passkey: goldengrove
 
Web Developer / ColdFusion Programmer
http://William.Seiter.com

-Original Message-
From: Aaron Rouse [mailto:[EMAIL PROTECTED] 
Sent: Sunday, February 03, 2008 2:05 PM
To: CF-Jobs-Talk
Subject: Re: Dead Beat Clients.

Some collective representation for IT workers has its advantages and I am
sure disadvantages as well.  One thing that has always annoyed me is how IT
workers are treated by the tax man vs some other occupations and I think a
collective representation could have the power in numbers to change things
like that.

On Feb 3, 2008 2:36 PM, William Seiter [EMAIL PROTECTED] wrote:

 I agree that having a union would be good for working with dead beat
 clients
 as well as with obtaining good contracts, but a union should go further.
  To
 a client, a union has become the essence of 'good training'.  Would we
 have
 an apprentice system?  Would we develop 'union programming standards'?

 I think that having a union is a step in the right direction, but it is a
 long road to get there.  Maybe we can have a poll to see how many people
 would support it.

 In the mean time I would suggest that everyone have access to a lawyer or
 a
 lawyer system (pre-paid legal).  This way you can have a lawyer draft a
 letter when you aren't paid, and you can have your 'basic' contract
 reviewed.

 Regarding contracts.  Does anyone have any contract examples that have
 worked well that they would share with the rest of us?

 William

 --
 William E. Seiter

 Have you ever read a book that changed your life?
 Go to: www.winninginthemargins.com
 Enter passkey: goldengrove

 Web Developer / ColdFusion Programmer
 http://William.Seiter.com
 -Original Message-
 From: Vincent Cannady [mailto:[EMAIL PROTECTED]
 Sent: Sunday, February 03, 2008 10:10 AM
 To: CF-Jobs-Talk
 Subject: Re: Dead Beat Clients.

 Hi Matt,

 From what I read you have never had many contracts but I can vouch for
 what
 Angry Housewife says that I too have been paid when I go client locations
 to
 work but when I am up at three o clock in the morning doing work and
 submit
 for those hours I never seem to get paid even if I email or IM the client
 at
 that time. I have worked in the Contracts Department of companies like
 Sprint and Cingular and I have seen them get burned and have to resort to
 Suing to get their money back so again I have to disagree with you about
 negotiations. A Contract is a contract; here are the three ways you can
 break a contract per the UCC -Uniform Code of Commerce

 #1 Incapacity- Mentally Unfit to make a contract
 #2 Age - To young to be making a contract
 #3 Breach of contract - One party or another did not complete part of
 contract

 So in our case it is almost always number three either the developer did
 not
 do ANYWORK (or they signed a completed project contract)
 or the Client Breached the Contract by not paying

 Here is the one I find funny- A Client that breeches the contract usually
 wants to hold you (the Consultant) to a NDA (Non Disclosure Agreement)
 meaning no contact with his or her end client after they terminated your
 services even though they have not paid you.

 Ok. So Jeff has some experience with this so have I, I have worked for two
 different Law Enforcement Agencies, Two Different Court Houses in two
 different States, I have friends who are lawyers. I am an expert in
 Contract
 Law. And I always look up clients  on WWW.PACER.GOV (Federal DISTRICT
 Court
 Houses Case Party Index) yet I too get burned so UNLIKE you I do not
 consider getting burned me not KNOWING how to negotiate. I was my School
 Debate Champion and have won lawsuits again Fortune 500 Companies
 representing myself (pro se).

 The list she talks about is needed. She also has another point no one has
 picked up on, What about us HAVING A UNION. The all contracts would go
 thru
 the Union anynone not paying would be sued by the Union. Programmer would
 not need to come up with $2000 just to get back $2500. Instead they could
 pay 120 a year or $10 a Month to belong to a National Technology Workers
 Union that would have attorneys on staff would could deal with this mess,

 I think that until that day comes along we should have this list and if
 the
 Clients want a list of Bad Programmers they had better pay one of US to
 create IT!


 Just my $10,000!

  On Feb 2, 2008 6:55 PM, angry housewife [EMAIL PROTECTED] wrote:
   I have watched my husband work very hard for three or four contracts
  in the last six months where he has only been paid ten percent of his
  total invoiced hours. My husband never signs a contract where the work
  has to be completed before he is paid, yet every client of his who has
  not paid uses this as an excuse not to pay because the work or project
  is not completed.
  
   The only work my husband

Re: Dead Beat Clients.

2008-02-03 Thread Jerry Johnson
I think unions are the single biggest evil in America today.

If unions started making their way into programming, I would gladly
trumpet my non-union status, and if it ever became impossible to do
work without a union card, I would find another line of work.

On Feb 3, 2008 3:36 PM, William Seiter [EMAIL PROTECTED] wrote:
 I agree that having a union would be good for working with dead beat clients
 as well as with obtaining good contracts, but a union should go further.  To
 a client, a union has become the essence of 'good training'.  Would we have
 an apprentice system?  Would we develop 'union programming standards'?


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Re: Dead Beat Clients.

2008-02-03 Thread s. isaac dealey
   In fact, I'm probably treated a bit better because in Connecticut,
 web development services are exempt from sales tax, which is one less
 headache I have to deal with.

I thought sales tax only applied to product. Am I like way out of touch? 

-- 
s. isaac dealey  ^  new epoch
 isn't it time for a change? 
 ph: 503.236.3691

http://onTap.riaforge.org/blog



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Re: Dead Beat Clients.

2008-02-03 Thread Jeffry Houser
  I thought unions dealt with employer-employee relationships; whereas 
this thread has been dealing with company - vendor relationships.  Am 
I wrong in that?

  I can't imagine how a programmer's union would help me.

Jerry Johnson wrote:
 I think unions are the single biggest evil in America today.
 
 If unions started making their way into programming, I would gladly
 trumpet my non-union status, and if it ever became impossible to do
 work without a union card, I would find another line of work.
 
 On Feb 3, 2008 3:36 PM, William Seiter [EMAIL PROTECTED] wrote:
 I agree that having a union would be good for working with dead beat clients
 as well as with obtaining good contracts, but a union should go further.  To
 a client, a union has become the essence of 'good training'.  Would we have
 an apprentice system?  Would we develop 'union programming standards'?

 
 

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Re: Dead Beat Clients.

2008-02-03 Thread Jeffry Houser
  I was wondering that too...

  I don't believe that myself, as a business owner, is treated any 
differently than other business owners who are no in the IT field.

  In fact, I'm probably treated a bit better because in Connecticut, web 
development services are exempt from sales tax, which is one less 
headache I have to deal with.

William Seiter wrote:
 What kind of issues have you seen with the 'Tax Man'?
 

-- 
Jeffry Houser, Technical Entrepreneur, Software Developer, Author, 
Recording Engineer
AIM: Reboog711  | Phone: 1-203-379-0773
--
My Company: http://www.dot-com-it.com
My Podcast: http://www.theflexshow.com
My Blog: http://www.jeffryhouser.com


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Re: Dead Beat Clients.

2008-02-03 Thread Aaron Rouse
I think that is normally the case, I am seeming to recall certain forms of
labor in some of our businesses we had to do sales tax on.  One could maybe
debate if code is a product though.

On Feb 3, 2008 10:24 PM, s. isaac dealey [EMAIL PROTECTED] wrote:

In fact, I'm probably treated a bit better because in Connecticut,
  web development services are exempt from sales tax, which is one less
  headache I have to deal with.

 I thought sales tax only applied to product. Am I like way out of touch?

 --
 s. isaac dealey  ^  new epoch
  isn't it time for a change?
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Re: Dead Beat Clients.

2008-02-03 Thread s. isaac dealey
 I think that is normally the case, I am seeming to recall certain
 forms of labor in some of our businesses we had to do sales tax on. 
 One could maybe debate if code is a product though.

I would think it would at least depend on who owns the copyright. If
you're selling a license and retaining the copyright then there's a case
for it being a product. If they get the copyright, then it's
definitely a service, same as any other work for hire. Though I
suppose it might be arguable that the license to use someone else's
intellectual property is a service -- I'm not that familiar with IP
law though, so I know that's out of my depth. 


-- 
s. isaac dealey  ^  new epoch
 isn't it time for a change? 
 ph: 503.236.3691

http://onTap.riaforge.org/blog



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Re: Dead Beat Clients.

2008-02-02 Thread RobG
I've been watching the Consultant's Revenge thread for a few days, but 
haven't commented because most everything that I would say has been 
said.  I like the idea, but I'm also worried about liability.  I also 
like JW's idea about a place where both clients and companies can be listed.

I like this idea of the Deadbeat Clients list.  But I have a question... 
shouldn't there be a list for clients who it's a fight to get paid, even 
if you eventually do?  Or for clients who pay, but will negotiate you 
down after-the-fact?  I have a few to add to the list if we're going to 
have a list like that.

Rob


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RE: Dead Beat Clients.

2008-02-02 Thread William Seiter
If this list is going to be created, you can probably break it off into
groups.  
1.  Dead Beats
2.  Slow Pays
3.  Partial Pays  (Partial invoices, not partial jobs)

I, personally, think this would be a grand idea.  I also think that the
company/client, should also be able to list on a similar system the names of
those consultants that left them in a lurch, walked away from the job, or
did something that specifically jeopardized the job.  I have recently been
speaking to a client who has had 3 people walk away.  As much as this is a
red flag for me to work with him, it also says something about consultants.
Unfortunately, I don't know if it was the client, the consultant, or the job
that was too obtrusive to be completed with.

I know for myself, such a list may not stop me from working with a client,
but it will make me 'stick to my requirements' harder.  (If my agreement is
weekly invoices, the first missed payment has all work stop until a
satisfactory explanation or payment has been received, if it is by
'milestone', no work until payment has been received based on the milestone,
etc.)

The unfortunate thing about a list like this is that it can't be 'amended'.
Once an email is sent on this list, it is forever searchable by the search
engines.  If you make a 'typo', or if a company name is the same for
different companies across regions, then there has been a 'mistake' that
cannot be 'redacted'.  I think this would be better served using a database
similar to the BBB system.

I know, for instance, that there is at least 1 client out there who would
say some poor things about me, and I about them.  What it comes down to is a
bad communication issue.  (the specs were, apparently, unclear (I had
thought that the client meant something, when they had meant something
else.)  Even though I have billed her for the hours I worked on it, she has
never paid, and never responded to additional contact.  I have written it
off and I hope that we both took a lesson away from it.  For me, even if you
have worked on a similar project before, address every project as if you
have never worked with them on one previously (get all the facts from
scratch).  Hers, be very clear in your specification documents.  And one for
both of us; don't just read and confirm each part of the specifications,
review them all with the other party to verify the verbiage relates the
intent.

William

-- 
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