Missed deadline and payment

[glorybound]

Question for you guys. I have a project that had a deadline of December 8th. I sent proofs weeks before the deadline, but I didn't get any replies until days after the deadline. I made the requested changes and again waited weeks for a reply. After the second set of revision, again, I am waiting for feedback. So, today is 1 month after their drop dead due date and I have not heard from them since right before Christmas. At what point do you close out the job and request payment? What if the client says that the deadline was missed, but obviously due to them.

[super gnu]

man i hate it when that happens, although ive never had such an extreme example. usually ill be bombarding them on every possible communication channel until they reply, before the stage youre at.

is it a new client? could be that they are trying to ignore you and not pay? presumably you will have email records of when emails were sent and received etc.


can you call them? visit them? seems sending emails is ineffective!

if you havent already, id send an email explaining the situation, and that you need, at minimum, the agreed fee now, and that from now you will have to start charging more for amends unless they get back to you immediately. if you dont hear back, call them or visit (if poss)

after that you have to start getting grumpy.

[devin]

You’re still in a good position to be paid assuming they still want the final images. Since they've blown past their own deadline I think your well within your rights to request payment for at least the percentage of work completed up to this point. If you believe they may not pay in full once they get their images I'd bill them for the entire amount and wouldn't release the work until they pay. You might end up losing the client over this but do you really want to work for someone who doesn't communicate and can't keep their own deadlines?

[glorybound]

It's not my client; it's someone else's client that that they hired me to do. I don't have a name or number of the actual client. I'll just be patient.

[super gnu]

hm in this case its your direct client's responsibility to pay you, and chase their client for the cash. doesnt change anything tbh, you should be hounding *your* client, unless you dont need the cash and want to keep them sweet.
id assume -they- have contact details for the final client.

[glorybound]

They are a pretty large setup. so I am sure it'll be fine. This is the second project; the first one went the same way, only it's going on 6 months. Now, I was told both projects wee for the same people. I did get a smaller %25 deposit, but I have a ton of time into these images.

[Morbid Angel]

In legal terms your email and its date is a proof enough that you were true to your contract/deadline. So if this was in court you would win. You can use this as your tool to proof to them that you had send them everything before the deadline.

[Da_elf]

i like my clause in my contract which stipulated a certain about of business days from when i send my proofs for a response or i start charging a set price per day after that

[glorybound]

That's a good idea.

i like my clause in my contract which stipulated a certain about of business days from when i send my proofs for a response or i start charging a set price per day after that

[glorybound]

I did hear back and they don't pay their freelancers until their client pays them. Yes, the questions is, what if they don't get paid!

[Da_elf]

thats what contracts are for. the payment is between you and your client. not you and their client. If they agree to your contract (mine is 4 pages long) then they are legally obligated to pay as set out in your payment schedule

http://vimeo.com/22053820

[glorybound]

thats what contracts are for. the payment is between you and your client. not you and their client. If they agree to your contract (mine is 4 pages long) then they are legally obligated to pay as set out in your payment schedule http://vimeo.com/22053820

I know, live and learn. Also, it is a UK outfit, so legally it is probably a moot point.

[glorybound]

They originally said that they don't give deposits, but that I stood firm on. Although, not my usual 50%, it was something. I don't think I'll have an issue getting paid, eventually.