[consulting] Contract > Developer liable for bugs?

[Sean Burlington]

Bobby 1290 wrote:
> 
> 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.
> 

While I want to limit my liability within reason I am also confident in 
my ability to turn out good work - and I'm willing to express that 
confidence in order to justify my rate.

While I expect to be paid for the normal debugging cycle I want to 
reassure my clients that they don't have to minutely supervise my work - 
   and give them some contractual reassurance that if it is a load of 
rubbish I'll fix it or they can sue me and my insurance will pay out.

I have been on the other side of the negotiating table and found people 
putting forward contracts where they still expected to be paid in the 
event that their code didn't work. I wouldn't agree to such a contract.


> 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'.

This requires a high level of skill from the client - if your client is 
a development agency this is probably OK.

But if you want to work on a project for a non-technical client I think 
it's often appropriate to factor into the project budget a (defined) 
warranty period.

Fixed price contracts require a lot of specification and a fair bit of 
trust.

If you try and nail down every bit of contract you'll spend all your 
time negotiating - which isn't billable.

If you don't want to take any risk - stop contracting.

-- 

Sean Burlington

www.practicalweb.co.uk