Outsourcing Tip: How to handle a freelancer when the job isn’t delivered.

Posted by Leili

July 2, 2008

What do you do when your freelancer doesn’t deliver the project as promised? Well, I got asked this question just this morning. A client called with a dilemma. She hired an acquaintance as a graphic designer to create a logo and brochure for her computer repair company. She didn’t like what she got and the designer couldn’t understand her feedback. Now she’s stuck with unusable materials and a bill she doesn’t want to pay.

First, I asked her what recourse she had in her contract with the designer. Her response was typical. It was a verbal agreement. Well, that was her first mistake. I informed her that had she used a contract that outlined what to do in this case, with specific clauses that address the ramifications of an unfulfilled contract ( she didn’t provide a usable deliverable), the resolution would be clear because the path of action would already be outlined in the contract.

As it is now, she has to try to negotiate with the designer who is demanding payment in full. My choice? Give the designer half for her time and re-outsource the project.

TIP: Never use a verbal contract. Always protect yourself from contingencies. Use the right clauses in your contract so that you don’t have to guess what to do next.

Sources:

Work for Hire Contracts - Gives you a boilerplate contract you can modify.

Outsourcing Secrets Guidebook - Has a whole section on what clauses/sections you should include in your contracts.