Do I have a way out of this situation?

[GezHells]

Hi. First post in recent years but long time browser (forgot my old user from years ago!).

I'm an app developer, and took on a short contract in October, intended to last around 3 months. We agreed a fixed fee for the work, with invoicing split into four payments. The contract was a 'statement of work' which combined the project brief and spec, my proposal, and basic contractual terms.

By early Jan, I'd done as much as I could of the work. At this point, the end client needed to confirm further designs and specification, so the project halted. After some prompting, the client payed my first two invoices, amounting to 60% of the total value. I consider that the work I've done is also around 60%, so at this point I consider that we are, to all intents and purposes, equal.

Now, in the meantime, the project has halted and they haven't contacted me in around two weeks. When trying to contact them, I've had some extremely unpleasant conversations. They've been agressive, dismissive, patronising, and I really don't feel I can work with them any more - in fact I really want nothing to do with them ever again.

I'd be more than prepared to send them what I've done and call it quits at this point, forgetting the final 40% of the value. What I don't know is what legal hold do they have over me? Can they force me to continue? Is there a legal process they could undertake which could make me liable for something? (Of course, an early termination may be what they want also, but I have no way of knowing that as they're not communicating with me).

The other option of course is just to suck it up and get the job done - but it's going to be a really unpleasant couple of months if I do that. I'd value some advice here!

[northernladuk]

I'd guess much of this comes down to the contract. You mentioned around 3 months. Was a duration mentioned in the contract? What is the notice period in the contract? Are there any caveats around delays allowing termination?

Did you have your contract T&C's checked by legal bod?

Sounds like they want you less than you want them so I wouldn't worry.

[jmo21]

When trying to contact them, I've had some extremely unpleasant conversations. They've been agressive, dismissive, patronising, and I really don't feel I can work with them any more - in fact I really want nothing to do with them ever again.

All pretty normal until this point.

It sounds like they aren't happy with your work, but at least they paid up.

Does your contract have an end date? I wouldn't want to be hanging around waiting. What would happen if you started a new contract, then the original client want to start things up again? Doesn't sound ideal to me unless there is a very good understanding of the time they have bought and when it can be "spent".

[ladymuck]

...

It sounds like they aren't happy with your work, but at least they paid up.

...

I disagree - they've had opportunity to say if they're not happy with the work. They most certainly could have withheld payment on grounds of the brief not being fulfilled.

It sounds like your attempts at moving the project forward are being stonewalled for reasons they're not willing to share. If you truly don't want to do the work, and you're getting the impression they don't really want you to finish it, then I would suggest you put a deadline on the engagement.

Perhaps say that you would like a response by a certain date for proceeding with the next phase, detailing what information you need to proceed. If nothing is forthcoming by then, tell them you are happy to consider the project closed and will not be submitting any invoicing for the remainder of the project. Do this in writing, not over the phone.

[jmo21]

I disagree - they've had opportunity to say if they're not happy with the work. They most certainly could have withheld payment on grounds of the brief not being fulfilled.

maybe, was just going by "agressive, dismissive, patronising".

[Lance]

Write to them telling them you’re going to complete the work and invoice accordingly.
If they don’t want this then they need to respond in 5 days to cancel the SOW and you’ll calculate the early exit fee at that point.

That leaves the onus on them to tell you and allows you to charge them for ducking you around.

[GezHells]

Thanks for the responses. To answer a few of your questions...

Nobody checked out the contract. I'm useless at these things, and in the past have had people to do this kind of stuff for me. I think a lot of it is down to trust in this case. No end date was specified, it was just assumed by both sides that it should be done by end of Jan.

In terms of my work, they seemed really happy with what I'd done. I met the team and everything was good. Since then the guy seems to have gone off the rails, I suspect he's very very stressed and under pressure. This certainly wasn't my doing... I'm laid back and easy to get along with.

[northernladyuk]

Thanks for the responses. To answer a few of your questions...

Nobody checked out the contract. I'm useless at these things, and in the past have had people to do this kind of stuff for me. I think a lot of it is down to trust in this case. No end date was specified, it was just assumed by both sides that it should be done by end of Jan.

In terms of my work, they seemed really happy with what I'd done. I met the team and everything was good. Since then the guy seems to have gone off the rails, I suspect he's very very stressed and under pressure. This certainly wasn't my doing... I'm laid back and easy to get along with.

Try writing to them offering to terminate the contract with no further obligations on either side. If you're really useless at that kind of thing (at least you know it) get someone appropriate to look over it, and indeed this suggestion.

Good luck.

[uk contractor]

I would not even bother going back to them just start work elsewhere if they really want you they will soon let you know then deal with at the time. Sometimes clients change their attitude towards you as either you have done something to cause it, they cannot tell you from their side what is going on in the background (downsizing, budget cuts, headcount reductions usually).

[SussexSeagull]

At least you have been paid for work done so far!

As others have suggested I would give them a cut off date for continuing the project and if they don't get back to you then move on.