[consulting] Unsigned Contract Breach Question

Sam Cohen sam at samcohen.com
Thu Mar 14 15:59:58 UTC 2013


Thanks Greg.  I also wonder if there's a third option, which is simply
request fair compensation without burning bridges. Let's say it was a
$30,000 job.  Perhaps I wrote a letter saying, "I understand you have made
a decision to not go ahead with this site, but in the three weeks since I
signed the contract I incurred cost.  I turned down another project and
secured contractors.  I think fair compensation for my loss would be
$5000.00.  Would you be so kind as to pay the attached invoice..."

Not sure if it's worth it, but doesn't seem like it would burn a bridge
either, at least if it's not from my lawyer.

Sam



On Thu, Mar 14, 2013 at 11:43 AM, Greg Knaddison
<greg.knaddison at gmail.com>wrote:

> Thanks for sharing this event with the list - hopefully it will serve
> as a reminder of the importance of crossing the t's and dotting the
> i's.
>
> I guess here are two possible strategies you could follow.
>
> 1. You want to work with them and that is a possibility OR they might
> refer you to other people. You could use this moment to say "Boy,
> really wanted to work with you and had a team who was also excited.
> Hopefully you'll keep me in mind in the future. If you encounter other
> people who are looking to hire someone with my skills I'd really
> appreciate it if you refer me to them." People ask me for referrals
> pretty often and I am horrible at remembering beyond a very short list
> - explicitly asking for that should help keep you in his mind.
>
> 2. You don't want to work with them and/or something on their end
> means they'll never work with you and won't refer you. Send an invoice
> for time you and the rest of the team spent getting ready for the
> project. Don't expect to get anything other than a little closure -
> for sure a risky move.
>
> Either way - yeah, lesson learned. During the 4 years where I was in
> charge of contracts, I only began work without a counter-signed
> contract or check in my hand on 4 occasions. Several were as I was
> starting the company and 1 under a rushed timeframe at the end. Three
> out of 4 of them sucked. I think it's more than a coincidence :)
>
> Cheers,
> Greg
>
> --
> Greg Knaddison | 720-310-5623 | http://knaddison.com |
> http://twitter.com/greggles
>
>
> On Thu, Mar 14, 2013 at 8:25 AM, Sam Cohen <sam at samcohen.com> wrote:
> >
> > On Thu, Mar 14, 2013 at 10:17 AM, Ryan Cross <drupal at ryancross.com>
> wrote:
> >>
> >> Here is a different angle:
> >>
> >> they went another way. it sucks. there is plenty of work out there.
> learn
> >> from the experience and spend your time lining up a new gig.
> >>
> >
> > It's likely that's what I will do, but I did turn down another job in the
> > three weeks -- because I thought I was booked with this one -- I had also
> > arranged with other consultants to work on this project -- and they too
> may
> > have turned down other work because of it.
> >
> > My question is really whether or not they have any legal obligation to
> pay
> > at least a part of the contract.
> >
> >  I doubt I'd get a lawyer over this, but I am certainly considering
> sending
> > them an invoice.
> >
> >
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