[consulting] Contract > Developer liable for bugs?

[Bobby 1290]

In my view, this is a 'procedural' problem that is being shifted to the 'weakest' member of the food chain.

And as you understand from the above wording , I find it unacceptable.

There are 2 kinds of projects I do

1. On an hourly basis, and any contract is in essence a contract on basis of my 'effort' , and under the guidance and acceptance of the client.

2. On a Project Basis. There are written specifications, with testcases that the product should conform to. This is not on an hourly fee basis, but  an amount per project.

On an hourly basis , the client tests everything when the smallest module that is meaningful and ready to test, and SIGNS OFF on it when o.k. (end of liability). So here liability is restricted to a modular level. In this procedure if there is a problem, it is of a small magnitude, and can always be reasoned about.

On a project basis. The scope of the project is predefined. The test-cases are predefined. So you can budget and hire 'anyone' to do the testing for you. As a last test the client performs the tests ACCORDING TO THE ORIGINAL SPECIFICATIONS AND TEST-CASES, if it works, you are at the end of your liability, if it doesn't, you knew when you had it tested. 
Every change is a follow up project or follow up hourly billing, no exceptions.
And of course, you'd be wise drill down to the modular level and let the client sign off after testing the 'modules'.

The key is project scope, projects lasting longer than 6 months tend to get uncontrollable, ( even only because in six months everyone will have changed their minds about every core issue, hey the world changes, and the client will want the changes 'included' in the current project).
Drupal helps beautifully in accomplishing 'short' projects. 
But any project manager/leader should be able to split up whatever 'huge' project into sub-projects (sub-contracts?) of 6 months or less (preferably) and base the whole contract on these sub projects, if you can't, and  you regularly do huge projects as a contractor, you should learn how to do this ASAP, nobody was born with that knowledge.
 
This is how you could limit liability, and of course never ever, sign anything that states 'open ended' liabilities. There is always another project.

B.

> Date: Thu, 7 Aug 2008 11:17:23 +0100
> From: sean at practicalweb.co.uk
> To: consulting at drupal.org
> Subject: Re: [consulting] Contract > Developer liable for bugs?
> 
> Adam Mordecai wrote:
> > I'll touch base with Aaron and see what he's comfortable releasing. We  
> > had it vetted by a IP Tech Lawyer with decades of experience. It  
> > occasionally causes negotiation headaches due to its thoroughness, but  
> > its well worth having for your protection.
> > 
> 
> Contractors in the UK might want to check out the PCG
> 
> amongst other benefits membership includes access to standard contracts.
> 
> http://www.pcg.org.uk/cms/index.php?option=com_content&task=category&sectionid=41&id=136&Itemid=153
> 
> These limit liability to the higher of £100,00 or 125% of the total fees
> 
> It also excludes liability for loss of profit etc.
> 
> What I haven't got yet is a contract that satisfactorily  clarifies 
> licensing/copyright issues where some work is GPL and some is custom 
> code with copyright ownership up for negotiation.
> 
> -- 
> 
> Sean Burlington
> 
> www.practicalweb.co.uk
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