[consulting] Unsigned Contract Breach Question

[Katherine Lawrence]

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On Mar 14, 2013, at 10:04 AM, Katherine Lawrence <kl at pingv.com> wrote:

> 
> On Mar 14, 2013, at 7:46 AM, Katherine Lawrence <kl at pingv.com> wrote:
> 
>> Hello Sam,
>> 
>> There are possible avenues from the legal side that you could pursue about promises and your reliance on a promise, even a verbal one, but as a practical matter, most litigation costs more than one usually can get.
>> 
>> In Sales 101 we are taught to ask the person who contacts you , and keep asking politely until you get a satisfactory answer, "are you the decision maker?" Too often the person who contacts you is the front-person who negotiates with us, only to find out the real decision maker has not arrived on the scene.
>> 
>> Another way to ask this is, "tell me about how the decision will be made and a bit about who will be involved?" Another question "are others involved in making the decision to this contract?" Yet another, "is there anyone else who will be reviewing or approving the terms of this contract?"
>> 
>> This is no a 100% solution because I have had people from well-known companies tell huge fibs, or try to re-open negotiations after a deal has had a virtual handshake, if not the real thing.
>> 
>> We are used to running our shops. Most of us are, whether we take the title or not, "officers of the firm," meaning we can legally commit to a deal. In larger companies, the person who signs off may be a larger or two higher. Something called "signing authority" is involved in a larger organization, and the person negotiating with you may not have the authority to sign for the deal. The person we think is in charge is only the front-person. The real authority is hidden.
>> 
>> Back to Sales 101, no sale is closed until payment is received. If a sales is going through the signature process, our internal ranking gives it only at 75% chance at best, usually 50/50 and the reason I say this is that this seems to be the reality, not only in the Drupal world, but in all executive sales.
>> 
>> It is why we won't start work until a contract is signed and a retainer received. it is why we book hours in advance and do not move forward when the retainer runs out, and then move again when the next retainer comes in.
>> 
>> Sad to say that we have to protect ourselves, but all too many times there are kookie-loos, tire-kickers, and people who are out window shopping when they don't have two nickels to rub together.
>> 
>> Yours,
>> 
>> Kate
>> 
>> 
>> On Mar 14, 2013, at 7:24 AM, Sam Cohen <sam at samcohen.com> wrote:
>> 
>>> Hi all,
>>> 
>>> I'm curious if anyone has experience with something like this.
>>> 
>>> A client who is the head of a branch of a large institution gave the go ahead for a very big project.  I supplied the SOW and they supplied the contract that I was given to sign.  Now because of the size of this institution, sometimes it takes weeks to get a signed contract back.  And in this case after three weeks I heard back that someone over the head of the person I was dealing with changed their mind and they've decided to go another way.
>>> 
>>> So for over three weeks I've been committed, turned down another job because I wasn't available, and had secured other people to work on that job, who may have also turned down work.
>>> 
>>> While I'm guessing their is no legal recourse here, because I didn't have a signed contract, I'm just curious is there's such a thing as an implied contract -- after all, they gave it to me, I signed it and was not free to take other work.
>>> 
>>> I realize we're not attorneys here, just curious if this has happened to anyone?  Is it even legal to ask someone to sign a contract, but take weeks to come back with an answer?
>>> 
>>> Thanks,
>>> Sam
>>> 
>>> 
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>> 
>> 
>> 
>> ___________________________________________
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>> 720.663.8877
>> http://pingv.com
>> 
> 
> 
> 
> ___________________________________________
> Pingv | Strategy . Design . Drupal
> 720.663.8877
> http://pingv.com
> 



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http://pingv.com