The answer is obvious: either pay him to use his work, or don't use it at all. It would be unfair to do otherwise.<div><br></div><div>If you liked his work, you can offer to pay 50% of the previously agreed $500 for 80% of his work, but make it clear to him that you'll seek someone else who can finish the work respecting the deadlines. He will be happy because he'll receive for his work. And you'll be happy because, despite the troubles, you'll get a discount. It's a win-win situation.</div>
<div><br></div><div>Otherwise, you would get work for free, and he would lose his time for nothing. How fair is that?</div><div><br></div><div><br><br><div class="gmail_quote">On Thu, Feb 28, 2013 at 10:25 AM, Fred Jones <span dir="ltr"><<a href="mailto:fredthejonester@gmail.com" target="_blank">fredthejonester@gmail.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">A question of legality and ethics: I hired an outsourcer (from<br>
<a href="http://freelancer.com" target="_blank">freelancer.com</a>) to make a D7 theme. The deal was crystal clear that he<br>
has until the deadline to finish it 100% or I pay nothing and he<br>
agreed to that.<br>
<br>
He has done about 80-85% of it but no more than that. So I will not<br>
pay him and that's that.<br>
<br>
But he put in download links on the Appearance page and so I<br>
downloaded his work and I have it. I could now finish it myself and<br>
hire another person to finish it and pay them $100 instead of the $500<br>
that he was supposed to get.<br>
<br>
Question is should I just take it and run because we never clarified<br>
who owns anything and he *did* make it downloadable. Or perhaps I<br>
should tell him that I will pay him $100 and take his code and if he<br>
accepts, then OK.<br>
<br>
I don't want to continue with him because he clearly can not finish<br>
the job--he keeps asking me to review it and the dropdown menus are<br>
wrong each time plus 30 other details that he just can't get right.<br>
<br>
Thanks for any thoughts.<br>
<br>
Fred<br>
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</blockquote></div><br></div>