Hi,

 

I am looking for some advice for a predicament I am currently in. I am reaching the signing off of a project however there are a few issues which I have been made aware of by one of the employees.

 

The client is becoming increasingly awkward. The design has been agreed and the website has been developed however the client has found new websites they like and would like us to change the complete design. I have informed the client that this is not possible as they signed off the design 6 weeks ago and development is 99.9% done.

 

My client is not English so a lot of the time I have been dealing with his manager. I spoke to the manager today and the current situation is:

 

- The client has said he is willing to shut his shop and go back home. (He comes from Asia).

- They have already had bailiffs round due to non payment of bills.

- The manager is looking to quit.

- The client recently removed his car from a garage without paying as he did not agree with their work.

- He has not taken any pictures of his 800 products nor has he written any content for the website.

- The manager said expect the worse regarding payment.

 

He currently owes 34% and in normal circumstances this is not a problem however I am concerned I am going to get stung. The website is now complete but how do I go on from here? He is demanding that it looks like these websites he has found this week and is not paying anyone.

 

How is it best to handle this situation?

 

Thanks in advance!!

 

 

Stop work on the project and demand to speak to the client on the understanding nothing more will be done until you have direct contact.

 

It may also be an idea to get in touch with the credit agencies to confirm the financial standing of the business.

 

If the owner returns to Asia you will not get paid. I had an Indian client, an accountant, who took off with over £2M of his clients money, and nigh on a thousand he owed me for work I'd done. Nobody got a penny back.

 

TBH it looks like you'll be writing this one off.

Your contract should cover this

 

I would tell them that if they want a new design and as every stage has been signed off, you will charge them for the new work as if it were a new client, I would also tell them that if that's what they choose to do then the payment for the old work must be made in full before you continue on with any new work and the new work will be chargeable with deposit as per your usual stage methods.

Sounds to me like this is a lost cause to be honest. If what you say about them owing money to other people is true, I'd say you're the least of their concerns right now. It wouldn't surprise me if they just ran off home and you never heard from them again.

 

In future split the project into chunks if you don't already. Get a deposit to cover the first chunk, then a new payment to cover the next and so on. If they don't pay, don't start the next chunk until they do.

Thanks for your replies. I take 33% to begin work and then ask for another 33% once the design has been agreed.

 

The client made the second payment to confirm the design 5/6 weeks ago now so it came as a shock to me when he told me he is disappointed with the website, it looked exactly like the design.

 

He is still emailing me with further changes so in one way that is a good sign I suppose.

Thanks for your replies. I take 33% to begin work and then ask for another 33% once the design has been agreed.

 

The client made the second payment to confirm the design 5/6 weeks ago now so it came as a shock to me when he told me he is disappointed with the website, it looked exactly like the design.

 

He is still emailing me with further changes so in one way that is a good sign I suppose.

 

I get emails from clients all the time signing off designs, only for them to call me the next day asking for tweaks. One recently stated a proposed website design was "perfect" and that he "couldn't have dreamt it could look as good as it does", only for him to ask me to change a few colours the next day!

 

Given the situation I'd be tempted to ask for the rest of the money up front, or at the very least I wouldn't hand over any files or make anything live until the invoice is paid in full (standard practice for most). Good luck, let us know what happens.

Unfortunately I do not think they care much for the business any more and will skip the country. I just received an email and he says he has never signed off a design which is unbelievable.

 

Having started this job at the beginning of July it would be ridiculous for us now to design the website on a new website he has spotted which he likes. It has no resemblance to the current website. I accept colour changes etc but he wants a completely different website!

Did you do the research on this clients demographic?

 

If you did you could argue that the website you have already made fits it perfectly whilst a new one how he wants it may not, explaining how and why

 

It's not about the clients 'likes' after all, it's about the clients needs, if the choice is simply left to the client and you just did everything they said like a puppet on a string why were you hired in the first place?

Unfortunately that is often the case.

Unfortunately that is often the case.

Then may I suggest something I always add,

 

A little statement on my forms explaining that sometimes our decisions disagree with their wants, I explain that sometimes we simply won't agree, but will also explain that everything we do have been researched and has reason in the best interests of their website and although we listen to what a client wants sometimes the research simply disagrees with it.

 

If any clients before they become clients argue or question this saying 'can't you just do what I want' I send them on their merry way with a suggestion of someone who is ok with working like a puppet.

The likely reason for all these revisions and tweaks is that he is bouncing you about playing for time. If they close in on him he'll up sticks and do a runner without parting with any more brass, if they don't he'll probably drop the nonsense and go back to the original design.

 

However once bailiffs or debt collectors have got involved the outlook is generally bleak.

 

Always ensure that you have a sound contract. If uncertain pay a few quid for a solicitor to take a look at it for you. Although it is an outlay it could at some time in the future pay itself back in spadefuls.

Really good advice Fuzzy. He is denying that he has signed off the designs and I have put him straight with the contract and my t+c's. His reply below:

 

 

Do you know what mock up sample in the product development industry means? How is it possible to signed off on mock up sample which is not even proto sample, further not pilot sample, and even further not final product????

 

When making a mock up sample, it is the purpose of making a final series part which is always far from mock up after all as there should be lots of modification, design changes, test, and inspection and so on. Of course this proto, pilot, and final series part is more or less not very much far from the first mock up because it is our aim to go for the first place.

 

 

Got a hard situation here.

Maybe you should explain how web development works

 

The wireframe, created with user experience in mind and content importance

The colours, design, style created with users in mind, what do the audience like based on the demographic

Lastly the mock, showing how each of the above could be used to create a design

 

Explain that design is not just a pretty picture, it's a researched coordinated effort and the client signs off on the above stages as well as a few gamble designs that are fluid enough to be able to adjust as long as the above is not destroyed during that effort

 

If he knows so much about design why did he not build it himself

 

Then give him a choice, to either keep the current design, or discuss minor adjustments (at his cost) or lastly replace the whole thing (at his cost)

 

Should he refuse any of those options, consider the contract breached and money owed now due.. Then if he does not pay I would take court action

For future reference, I hope this helps.

 

http://www.pixelcoder.co.uk/contracting-and-change-request-stipulations/

Edited September 20, 201411 yr by pixelcoder

Sounds like a sticky situation, it's good you have taken some payment upfront, but the outlook from here on out looks bleak. On a positive note you can use this experience to help you create a more rigid system regarding your T & C's, upfront payments.