Choking on a job........

[heni30]

What resources does a client have if a renderer chokes on a job or - for some legitimate reason can't produce the promised renderings on time.

 

I guess I'm talking about freelancers here but the same could happen if a studio burns down or something. Say all's going well, then another job comes in, then another; then there's psychological breakdown and work is not delivered on time or it looks like crap. Or say it's because of a hand injury or something, whatever.

 

Of course they can withhold payment but can they file a lawsuit saying they lost the Sports Center Competition and millions of dollars of potential profit. In most cases it would be futile given the average freelancer's financial situation.

 

I guess it's a good thing they don't throw debtors in prison anymore.

Edited July 12, 2013 by heni30

[Scott Schroeder]

From a client's perspective they usually go with withholding of payment and maybe (in extreme cases) recovering any payments that were paid out. Suing for potential millions over a render? That seems far fetched but some companies love to sue. Now filing a suit over loss if you are creating construction docs and you are late, then yes, that is the norm. I know of a few architects that have a 100k per day late fee (covers the cost of the general contractor just standing around) if the prints aren't delivered on time.

 

If you are a freelancer, you can look into work insurance that would cover you in the event that a client gets hit by a run away bread truck and no longer can pay you. Many businesses have this, say for example an extended power outage prevents shoppers from coming in, then insurance covers that business for lost income.

 

I've been in a situation where we outsourced extra work to a viz company, one that is US based and one you'd never think would do this, but they delivered a really crappy image. I think they outsourced our work, I hope it wasn't done in house. Since they delivered on time and fulfilled the contract, there wasn't much we could do as the client. We just vowed to never use them again.

[M V]

This makes me wonder. What if you cranked, met your deadline, then the client says, "This isn't what I wanted. I want a refund!"

[heni30]

Theoretically there shouldn't be any surprises - having periodic reviews and commentary.

Edited July 12, 2013 by heni30

[notamondayfan]

This is what insurance is there for. Here in the UK you can also protect your self furher if you operate as a ltd company.

 

More practically speaking, communication with the client is always a must if anything goes wrong. If your work was crucial for a bid for your client, then you could always look to hand your files over to someone else to complete.

[Ernest Burden III]

This makes me wonder. What if you cranked, met your deadline, then the client says, "This isn't what I wanted. I want a refund!"

 

If you delivered within described deliverables and within general professional practices, there's nothing to refund. I guess you lose a client but they still have to pay it. If they fire you part way through then maybe, MAYBE, you return some money or don't bill for all of it.

 

Twice in 30 years I've handed something in that was rejected and the client decided they didn't have to pay for it (one time there was a change of management at the firm mid-project and the other the final client had asked for a rendering of the south side but the architect ordered a view of the north side) and I had to sue and won both times. Though 'winning' in court means very little beyond being able to say it.

 

You simply need to be clear up front about what you will provide and then supply the client with frequent updates so they can spot problems as early as possible. But there are bound to be occasional problems, just be sure they are rare and learn from them.

[Ernest Burden III]

I didn't actually address the original question. Yes, we sometimes end up over-booked and sometimes people we have hired on let us down. The best you can do is be honest with the client on the situation and either find a solution or give them time and options to find another provider. Maybe their deadline is more flexible than they said, or maybe they can scale back what they asked for, or they can help you find help--perhaps from their own ranks. All of that would be at our expense, but putting the client's needs first is what a professional does.

[Tommy L]

Its something you should be able to reliably avoid by not over-promising and by planning your projects carefully. If you are busy enough to turn down work, then turn it down. It wont hurt you long-term, but screwing up a project has the potential to damage your reputation. If you are going to depend on an unknown entity (first-time freelancer) then you are taking a gamble.

I have only once given a 'whole job' out to a freelancer and the client was un-happy with the work. Strange, because I actually thought it was pretty good.

I know someone earlier said that insurance is a good idea, but the kind of liability insurance an arhcitect takes out is not for 'I broke my wrist snowboarding', its to insure against personal liability for professional shortcoming such as building collapse. I dont think you'll be able to find a policy for personal injury as an LLC (or LTD).

Best insurance is to blood some good talent as freelance backup, preferably local. And maintain a good personal relationship with your client. A good statistic to reference is that the percentage of doctors who are sued is directly related to how long they spend just talking to their patients.

[Ernest Burden III]

the kind of liability insurance an arhcitect takes out is not for 'I broke my wrist snowboarding'...

 

Years ago I switched to snowboarding from skateboarding because I was sure I was going to break my wrist.

 

People get hurt, they get sick. Sometimes things just go wrong. How about a storm that knocks out power for a week?