Rodney, I am not familiar with universities outside of the U.S. However, I work for a major university. Any databases I develop are property of the university and thus, copyright issues are retained by the university for any database I develop. The contracts issued by our university for consultants have a period of time the consultant will perform services. Payment is made at the end of the contract period when the consultant signs off stating he/she has performed duties as mentioned in the contract. It would seem to me that reading the contract's payment schedule before working would be the item to bring up prior to performing any duties. You may want to consider discussing payment periods and what happens to the university if it fails to make payment due at the time of agreement. Though a university has a bigger pocket book, a university must be accountable for default on the agreement. I would get an opinion from a lawyer who has dealt with universities or other large monetary holders who default on agreements.
Charlene On 8/28/06 10:26 AM, "RODNEY SCHMIDT" <[EMAIL PROTECTED]> wrote: > 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
