NYCPHP Meetup

[inforequest]

somebody who might not regret it once wrote: :

>This was due to a more creative solution.  Errors.  Simply introduce code which 
>once a set date is hit, cause the application to throw an error in a key 
>area of the application.  When the customer calls to have it fixed, you 
>say not until I receive payment for the app development, and advance 
>payment for the estimated time to correct the "error".  Actual error 
>correction was to remove this payment trap.
>

Sorry but this is a terrible idea. Not only is it probably fraudulent, 
but it gives the world valid excuses for not paying you (errors). It 
also validates your (bad) reputation, which otherwise may have remained 
at the rumor / disgruntled cheapskate stage. IMHO never, ever compromise 
your integrity like this.

Mitch offered excellent advice above IMHO, as did Kenneth Downs with his 
work-in-progress process.I agree in theory with Andrew's suggestions 
about specs but I also know that a really detailed spec is a wonderful 
vehicle for screwing people out of their wages. Lawyers get paid to 
argue so the more detail subject to interpreattion the higher the cheat 
ceiling.

The whole issue for me is one of professionalism both in work and 
business relationship. Stay the course, hold the line, etc. all apply 
here. Sure it might hurt now but it's nothing personal, IT'S JUST 
BUSINESS. Whether you want to believe it or not, a whole of the business 
world is about cheating other players out of their earned share.

So, a bunch of IF's seem to apply here. Just like "if you didn't make a 
backup before your host went bankrupt, it's not the host's fault" we can 
say:
- if you never had a plan to deal with non-payers, you haven't prepared 
your business properly.
- if you had too many eggs in one basket, you weren't properly financed
- if you're overheated emotionally by the gall of the guy, you haven't 
the temperament for business

And perhaps most poignantly, if you don't know what to do to "influence" 
this guy to pay you the agreed fee, GAME OVER. You lose.

Probably sounds too harsh but it is true - if he can "get away with it" 
while working within the "system", then you lost and need to learn from 
it. And that includes his being legally wrong and you legally correct, 
yet insufficiently funded to pursue him successfully. Many, many 
business people play those odds every day. If you keep losing you are 
not doing yourself any favors staying in business (and you ARE helping 
the bottom line of that portion of the marketplace that is comprised of 
bottom-feeding scum and scammers).

It's really not as negative as it may sound... just realistic. I am 100% 
sure that some creative problem solving could help you, IF you were 
properly prepared to "stay the course". I once had a client $XX,000 
behind, making money with my work and ignoring my bills. It went to 
almost  $XXX,000 before I collected. The reason I was able to collect in 
full was because except for recurring "past due" notices and the like 
(including usurious 21% interest penalties I added unsuccessfully), I 
didn't start a war. Instead I sought ways to leverage that $40k value he 
was enjoying against the additional debt he would subsequently incur 
with further development. Ater all, if he was making cash off my work 
and didn't have to pay me (perhaps thinking he could shut me out at any 
moment) he was a sucker for more. By the time we got close to 6 figures 
it was very clear that he had a larger than six figure liability 
(equivalent to the value of the system) if I was not satisfied. One day 
I required payment in full with no compromise and it was a simple 
business decision for him to pay me promptly, as it was for me to 
subsequently exit from any further involvement. Perhaps someone on this 
list knows the client. I consider him a good reference, and a 
poor-quality client.

As for small claims, I live by the truth that *nothing* costs less than 
$5k, regardless of price. Even if the market says $2k it's not true... 
everything costs more than $5k to manage should things go even slightly 
wrong. Don't take any job that doesn't generate at least $5k in profits 
or you are assuming risk in the market place simply because there are so 
many bottom-feeders out there scamming in the under $5k market where the 
costs of doing business exceed the value. It's a game and you should 
only play it if you are willing to assume the risk or have another 
"angle" (like a brother who's a really aggressive lawyer :-)  Of course 
being willing to take the risk as a startup counts as a valid reason to 
take on the work, but then you can't really complain when you get 
cheated because you took the risk, right? There are plenty of forums for 
complaing that some people in this world suck.

-=john andrews http://www.seo-fun.com  --"if you think education is 
expensive, you should try ignorance"