Dave, thank you so much for this thoughtful and thought-provoking response. Much appreciated.
The higher ed academic arena is something else again! ---------- Rodney Schmidt > From: David McQueen <[EMAIL PROTECTED]> > Reply-To: FileMaker Pro Discussions <[email protected]> > Date: Mon, 28 Aug 2006 10:59:01 -0400 > To: <[email protected]> > Subject: Re: Contract advice > >> I am close to entering into a contract for FM development with a university >> for work at the dept. and school levels. >> >> My 39 years of experience in higher ed helps me proceed with a little >> caution. I have seen instances when work was completed and then the party >> was sued with the result being a settlement that hinged on simply forgoing >> the fee for services performed, while the univ. retained use of the product. >> Seems like in some locales that might be standard operating procedure to >> avoid payment. >> >> The key is the contract and I am wondering if anyone has had similar >> experiences and might wish to offer some advice? >> >> Thank you. >> ---------- >> Rodney Schmidt > > > Hi Rodney, > > If you even suspect this type of behaviour, you have two reasonable choices: > > 1. Don't go there at all. You cannot win working on this basis if > the behaviour you describe is rampant. They have much deeper pockets > than you have. > > I am not cynical here. Both my daughter and her boyfriend have/are > doing university work on a contract basis and I am watching a > pattern of what I consider abusive behaviour that disturbs me a great > deal. They are both young and need the money so they are putting up > with it or now. So I know that all is not well in some parts of > academia. > > 2. Work on a time spent basis instead of on a contract basis. Bill > twice monthly and cease work if the payment is not forthcoming in a > reasonable time. This is actually how I work with most of my > clients. They are free to stop at any time. I report to them > regularly, at least with every billing. They like it as they are free > to change specs as time goes on and they see economies to be gained. > I am free to indulge them as I am not bound to a fixed price and a > file spec to be delivered. The caveat is that one must always keep > completion in mind and be a proactive development manager in addition > to being the developer. > > This does not mean you cannot put forth a list of deliverables, a > development plan etc. It just means that they would have to justify > any claim prior to the last half month as by paying you they are > defacto accepting work to date. > > If you go this route, do not get caught in the "Well it has to be > corrected 'cause it's not what we really wanted, so we are not paying > you for the last half month" scenario. Development gets sidetracked. > That is a fact of life in the development world. There are too many > horror stories around to prove it. Reporting is a method by which you > are seriously mitigating the damage that this can do by allowing them > to catch it early. > > It is not part of your cost of doing business, it is part of their > cost of doing business. By being proactive in your reporting you are > saving them money, not costing them money. > > HTH > > Dave McQueen > > -- > ............................................ > David A. McQueen > LICHEN Software > Barrie, ON, Canada > www.lichen-software.com > 705-720-9022
