Web Design -- Troublesome Client

[webgirl]

Hi all,

I'm having an issue with a difficult web design client and the details are numerous. I'm wondering how to ensure I'm protected. Here are some quick points:

• Client signs 'quote' outlining services and fees, pays deposit (1st of 3 installments). Estimated time of completion is 6-8 weeks from when Designer receives content
• Work begins
• Client reviews preliminary layout, suggests revisions
• Revisions made, client signs form that he has reviewed and agrees that layout has been done to requested specs. Form also states that any 'additional revisions . . . will be discussed and approved prior to implementation . . .'
• Client pays 2nd installment and begins to send content
• Designer (me) begins to place content in approved layout
• Client drags out content delivery for over 1 year from date of agreement ('quote') and begins to ask for changes to completed and previously approved work
• Designer requests remainder of content, and indicates extra charges for requested changes to previously approved work (at this point, 2/3 of original site is complete)
• Client repeatedly states that he/she must see work 'in progress' and can only send additional content as it is placed in website
• Designer, realizing that 5 more years could go by before receiving remainder of content, suggests 2 options: send all remaining content OR sign new hourly 'pay as you go' agreement for placing content as received and making any changes to previously approved work or any ongoing requests
• Client still insists cannot send all content without seeing content in progress
• Designer again suggests new hourly agreement, refuses to place any content without receiving remainder of content in entirety or having new agreement signed with prepayment sent
• Client has problem with new agreement, - says can't find expiration date on original agreement ('quote'), wonders why new agreement is necessary - would rather pay fixed price of original agreement ('quote'), but without delivering content necessary to finish site. Quote states that remaining X amount of dollars is due '. . . after completion [but] prior to site launch'
• Designer clarifies that original agreement was only 'quote', and that because of the delays, request for changes, and repeated requests to place content as received, more comprehensive agreement is necessary, and work will continue only with new agreement signed

Ok, so maybe not so quick . . .

After all, designer can't possibly complete site without all content. Although no formal schedule or expiration date was written into original quote, (the quote does say 'This quote is good for 30 days'), designer can't possibly finish web design without all content.

So finally, designer wonders if all necessary steps have been taken to ensure no legal action can be taken against designer. All communications by designer are documented via email.

Also, can designer simply terminate any and all agreements/quotes by sending files to client and wash hands of this mess?

If you need any more info, please let me know.

Thanks,
Designer

 

[seniorjudge]

You need a good contracts attorney.

 

[webgirl]

Thank you seniorjudge. There is no formal contract in place, only 'quote' with few terms, which is why I came here for advice. You are suggesting that I take my current agreements to a contract attorney for review?

 

[WebJunkie]

Thank you seniorjudge. There is no formal contract in place, only 'quote' with few terms, which is why I came here for advice. You are suggesting that I take my current agreements to a contract attorney for review?

As a fellow web designer, I feel you.

If the total amount is less than the small claims cap, here's what I'd do:

Tell them they need to send you the content, or you are going to just end the contract, as the delays are causing you scheduling issues with other projects.

If they don't send you any more content, you send them what you've done for their site on a cd via certified return receipt postal, and call it done.

If they want any further work later, you know to bill them hourly.

Worst case scenario, they try to sue you to get you to complete the site for the original price, in which case you point out to the judge that you'd have gladly have done so had they provided the content for the site.

It's not worth all the stress. People can be idiots. You finishing the site is contingent upon receipt of the content. Without the content, there's nothing more you can do.

Send them the cd, with a note saying that you're waiving the final installment because they are not providing the content to which that installment was to pay for placing. Let them know any further work they wish you to do on the site will be billed at an hourly, and wish them luck.

Life is too short.

 

[Michael Wechsler]

I'm actually a contracts attorney in this area. The easiest way to ensure you don't get stiffed - just IMHO - is to structure the agreement so that the client can obtain no copyright ownership to the final product until the bill is paid. Your recourse in the event the client decides to be a deadbeat is to send a takedown notice to the hosting company for the client's web site. Technically no license or ownership will have passed to the client until payment has occurred thus you are still the copyright holder for the materials and work you provided.

 

[WebJunkie]

I'm actually a contracts attorney in this area. The easiest way to ensure you don't get stiffed - just IMHO - is to structure the agreement so that the client can obtain no copyright ownership to the final product until the bill is paid. Your recourse in the event the client decides to be a deadbeat is to send a takedown notice to the hosting company for the client's web site. Technically no license or ownership will have passed to the client until payment has occurred thus you are still the copyright holder for the materials and work you provided.

As a developer/designer, I just wanted to agree with you here. Though sometimes it's easier (especially on the word-of-mouth side of things) to just try and cut your losses and end it as amicably as possible. Clients can be real bummers sometimes.

 

[webgirl]

Thanks for all of your advice. I ended up writing a completely new agreement for an hourly rate, it was signed, payment sent in advance and all seems to be well now. Site in progress is on myserver - in development for over a year now . . .

 

[Michael Wechsler]

Thanks for all of your advice. I ended up writing a completely new agreement for an hourly rate, it was signed, payment sent in advance and all seems to be well now. Site in progress is on myserver - in development for over a year now . . .

Great... glad to hear the happy ending.