[consulting] Proper Collections Procedure

[Laura Scott]

What a great discussion. I don't think I can add anything, except I  
would quibble with this:

On Aug 17, 2006, at 6:11 AM, Gary Feldman wrote:

> Be prepared to deliver incomplete, intermediate code if they want  
> it - if they're paying every two weeks, they own the stuff you've  
> done for what they've paid.

This would apply only in work-for-hire situations. In the US, unless  
the contract explicitly says it's work-for-hire, or you're an  
employee of the company, then the contract itself is where what is  
owed to whom upon termination is all specified. A contractor owns all  
legal and moral rights to her work until and unless she assigns  
rights or licensing to the client, but for a work-for-hire contractor  
or employee, legal and moral rights to his work are owned by his  
employer or contractor. (IANAL, so please don't count on this as  
legal advice.)

It feels like "negative thinking" to have clear terms about  
termination and breach, but all the smart advice I've gotten over the  
years is to protect oneself with appropriate terms (whatever you're  
comfortable with).

I feel contracts are an essential part of business, because it's the  
only way to clarify what is expected. As they say, verbal agreements  
are worth the paper they're written on. But in the end, it comes down  
to whether there's a meeting of the minds. If it's really there, a  
contract can be written on a napkin; if it's not, or the people are  
not trustworthy for whatever reason, then the contract could be the  
size of the Manhattan white pages and it wouldn't make a difference.

Sorry to hear about your situation, Michael. Total bummer.

Laura