Advice pls Outsourcing Question, Should I pay for work that is not to my liking?

4 replies
OK heres my dilemma

I hired A to create a software for me and after 2 weeks the software is still not complete and the demo versions not even working for me.

Out of frustration i hired B and to my surprise he completed the tool within 6 hours!! jsut the way i wanted it.

Now the question is shoudl I pay A? He has been liasing with me and replying PMs as much as he can but. In other words guy A has put alot of effort creating the software for me.( Although it is not working the wya i want it to work).. Am I obliged to pay him even a small sum of money?

A is still working on it, and I've yet to tell him that I no longer need him to complete the software.

Just would like to know Am i Obliged to pay A?

Thanks!
#advice #liking #outsourcing #pay #pls #question #work
  • Profile picture of the author NicoleBeckett
    What was your original agreement with person A? Was there a specific deadline he was supposed to meet? Did you pay him anything up front? Does his company have certain terms of service that you both have to abide by? Does he have a refund policy? All of this will determine what you owe (if anything).

    If I were you, I would start by telling him ASAP that you don't need him to keep working on the software and see what he says.
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  • Profile picture of the author tpw
    Good question.

    If A has a money-back guarantee, then probably...

    But A has attempted to do the work contracted. He is out the labor invested, and now you may not pay him.

    I tend to try to play fair as much as possible, and let my gut instinct guide the answer.

    I have been on both sides of the purchase, and sometimes it went my way, and other times not.
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  • Profile picture of the author bagpuss0001
    If 'A' has breached any terms of the contract agreement over timescales etc for this job then you are not obliged to pay him, at least thats how it works in the UK. Even if 'A' verbally assured you that he would get it done by 'x' date, thats still a binding agreement. If 'A' just said something like "leave it with me, I'll see what I can do" then thats not a binding term and no contract exists.

    If the job was arranged with a third party such as Fiver or Odesk, then they will act as referee and as far as I am aware a deadline is always needed to trade on those types of site.

    If there were no such agreements on deadlines etc between you and A and its was arranged just between the two of you, then the lesson is to make sure you do have agreements for any future arrangements no matter who you hire, and make it clear what happens if deadlines are not met.

    My personal thought is that if B could manage it in 6 hours and A is still struggling, then A isnt worth hiring. Its a tough world but if 'A' cant deliver its best to cut the deal. Try not yo feel pity... its just business.
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  • Profile picture of the author Steve Faber
    Did you have a well defined scope of work in your contract? That is essential both for you and the contractor. If you have design documentation with concept drawings that will be beneficial as well.

    If that was done prior to the contractor starting work, and a time frame was laid out, complete with milestones at certain days after the contract was signed, you're in a much better position to not only get the work completed on time, but have it meet your expectations, and get some recourse if it doesn't.
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