[consulting] Setting Up as an Independent Contractor

Sheryl gubydala at his.com
Thu Apr 1 16:50:32 UTC 2010


Sami wrote:

>> Lawsuits
>> can be expensive, even if you win.
>
> IANAL. Had this happen to me with a client, on the West Coast of the US.
> The whole point was for the client to avoid paying for the work.

That's if you're lucky.  If you're unlucky, they're going to be trying to
recoup business losses or shift the anger of regulators or customers to
you.

> The code was GPL'd, by declaration in the header. So don't think this
> doesn't happen with Drupal, it very well does!

I never would have thought that. :-)

> I think a contract can
> save you from this if it is worded properly, but yes litigation does
> happen or at least threats are used to intimiate people into settling for
> smaller
> amounts than the amounts owed.

Note that the GPL defers to local laws.  It has to, because no contract is
enforceable if it is contrary to law.  If someone finds a sympathetic
jurisdiction/sympathetic judge, things can drag on.  Yes, things probably
will go in your favor eventually, but depending upon where you're located
you'll still probably have to pay your own legal expenses even if you win.

> I would have to know how much the insurance costs before I would advise
> anyone to get it though... A hundred or two might be worth it though, just
> to know that you are safe no matter what.

IIRC that's the range we're talking about.

Everybody has a different comfort level with risk.  I don't like idea of
losing my house due to an unlucky combination of customer and judge, so I
tend to have a lot of insurance of all kinds (except for life insurance,
which I no longer carry now that I don't have anyone counting on my
salary).

Sheryl



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