Hi all,
I'm in the situation where a client wanted an iPad app developed for them, it went wrong with their last developer so they got rid of him and found me.
I picked up the pieces and saw there were many fundamental things wrong with the existing code. My original estimate was around 3 months, but then problems came to light, fundamental data issues on the API side, which another company was responsible for. So I ended up having to deal with these problems first which took several weeks to get ironed out to a working degree and still needed further work as time went on, so, naturally, this impacted on my time and the project time and costs.
There was no written agreement but there is an email trail of time estimates and agreement of payment.
The time estimate had to be extended and the project scope creeped and changed frequently but the client continued paying my invoices monthly after a month's work.
So, now, after 8 months, when we are nearly done, with, perhaps a handful of weeks left to complete the app, one of the directors in the client company wants to renegotiate the agreement. I had formerly dealt with one of the directors acting as technical liaison but the other director, seemingly, wanted the agreement to change and had not really discussed it with his partners. Also, this one director in the recent weeks had made constant change requests, some of which had to be reversed or changed again.
The new agreement was untenable, less than half what was agreed and a penalty of £200 per day over the date of delivery that he insisted on despite his constant change requests.
I counter proposed they find someone else to complete it and suggested they look for an outsourcing company in the far east on Freelancer or similar who could work at those rates and walked away.
So the question is, am I in breach of the agreement?
Or does the proposal of a new agreement mitigate my leaving as I rejected the new agreement?
Thanks for the help.
Jay
I'm in the situation where a client wanted an iPad app developed for them, it went wrong with their last developer so they got rid of him and found me.
I picked up the pieces and saw there were many fundamental things wrong with the existing code. My original estimate was around 3 months, but then problems came to light, fundamental data issues on the API side, which another company was responsible for. So I ended up having to deal with these problems first which took several weeks to get ironed out to a working degree and still needed further work as time went on, so, naturally, this impacted on my time and the project time and costs.
There was no written agreement but there is an email trail of time estimates and agreement of payment.
The time estimate had to be extended and the project scope creeped and changed frequently but the client continued paying my invoices monthly after a month's work.
So, now, after 8 months, when we are nearly done, with, perhaps a handful of weeks left to complete the app, one of the directors in the client company wants to renegotiate the agreement. I had formerly dealt with one of the directors acting as technical liaison but the other director, seemingly, wanted the agreement to change and had not really discussed it with his partners. Also, this one director in the recent weeks had made constant change requests, some of which had to be reversed or changed again.
The new agreement was untenable, less than half what was agreed and a penalty of £200 per day over the date of delivery that he insisted on despite his constant change requests.
I counter proposed they find someone else to complete it and suggested they look for an outsourcing company in the far east on Freelancer or similar who could work at those rates and walked away.
So the question is, am I in breach of the agreement?
Or does the proposal of a new agreement mitigate my leaving as I rejected the new agreement?
Thanks for the help.
Jay
if he refused.
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