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[nycphp-talk] OT: Freelance PHP gig Not Paying up!

Kenneth Downs ken at secdat.com
Fri Dec 23 07:45:48 EST 2005


excellent post.

> 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"
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-- 
Kenneth Downs
Secure Data Software
631-379-0010
ken at secdat.com
PO Box 708
East Setauket, NY 11733




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