[consulting] contracts
Chris McAndrew
chris at csmcreative.com
Sat Mar 16 20:55:12 UTC 2013
And the biggest thing is this is a 2 way street so they must sign your
contract too. You can meet in the middle but you must protect yourself just
like they are. Your story is all too familiar. I'm sure somewhere in their
contract it says they can bail at any time.... it sucks I know but learn
from this. You're not alone with this and yes, send them an invoice. If
they balk, send them small claims docs. They will pay. Make it the same
headache for them and don't back down.
On Mar 14, 2013 9:49 AM, <consulting-request at drupal.org> wrote:
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> Today's Topics:
>
> 1. Unsigned Contract Breach Question (Sam Cohen)
> 2. Re: Unsigned Contract Breach Question (Joel Willers)
> 3. Re: Unsigned Contract Breach Question (ALLAHBAKASH ALLAHBAKASH)
> 4. Re: Unsigned Contract Breach Question (Jeff Greenberg)
> 5. Re: Unsigned Contract Breach Question (Sam Cohen)
> 6. Re: Unsigned Contract Breach Question (Sam Cohen)
> 7. Re: Unsigned Contract Breach Question (Jeff Greenberg)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Thu, 14 Mar 2013 09:24:22 -0400
> From: Sam Cohen <sam at samcohen.com>
> Subject: [consulting] Unsigned Contract Breach Question
> To: "A list for Drupal consultants and Drupal service/hosting
> providers" <consulting at drupal.org>
> Message-ID:
> <CAGrS=
> KXcWY8O801PwjTntf69FxcaZjJHUxdnTbeCKOP_SzfBJg at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> 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
>
> <http://twitter.com/samcohen>
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> ------------------------------
>
> Message: 2
> Date: Thu, 14 Mar 2013 13:32:51 +0000
> From: Joel Willers <joel.willers at sigler.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: A list for Drupal consultants and Drupal service/hosting providers
> <consulting at drupal.org>
> Message-ID:
> <
> 44F4B083C720384D9D922C1AFFED5C6825663A3E at MAIL2010.siglercompanies.com>
>
> Content-Type: text/plain; charset="iso-8859-1"
>
> I took a business law class a LONG time ago, but in that class, if you
> made an offer and it was accepted, you didn't have to accept it, too. It
> was your offer. Your offer was accepted, so it's a done deal. I'm not a
> lawyer, of course, but that's what I was told. /shrug
>
> Joel
>
>
> From: consulting-bounces at drupal.org [mailto:consulting-bounces at drupal.org]
> On Behalf Of Sam Cohen
> Sent: Thursday, March 14, 2013 8:24 AM
> To: A list for Drupal consultants and Drupal service/hosting providers
> Subject: [consulting] Unsigned Contract Breach Question
>
> 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
>
>
>
> ------------------------------
>
> Message: 3
> Date: Thu, 14 Mar 2013 19:04:51 +0530
> From: ALLAHBAKASH ALLAHBAKASH <allahbakash2 at gmail.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: "A list for Drupal consultants and Drupal service/hosting
> providers" <consulting at drupal.org>
> Message-ID:
> <CAJ=
> aSmfBiP7-+yEXy4NtpLPqgh+CRjGxWkq4WcyRUYpcwsrJeQ at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> Do one thing consult the authority who sent the above said document
> tell him to clarify or sign
>
> On 3/14/13, 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
> >
> > <http://twitter.com/samcohen>
> >
>
>
> ------------------------------
>
> Message: 4
> Date: Thu, 14 Mar 2013 09:42:26 -0400
> From: Jeff Greenberg <listmail.ayendesigns at gmail.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: A list for Drupal consultants and Drupal service/hosting providers
> <consulting at drupal.org>
> Message-ID: <418BC10A-801C-4BC7-BE26-7BCC79081F77 at gmail.com>
> Content-Type: text/plain; charset=us-ascii
>
> In my experience a verbal commitment can only stand as a contract if you
> have specifically clarified that the person making the verbal commitment is
> in a position to authorize work to begin without any further approval.
>
> On Mar 14, 2013, at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <
> allahbakash2 at gmail.com> wrote:
>
> > Do one thing consult the authority who sent the above said document
> > tell him to clarify or sign
> >
> > On 3/14/13, 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
> >>
> >> <http://twitter.com/samcohen>
> > _______________________________________________
> > consulting mailing list
> > consulting at drupal.org
> > http://lists.drupal.org/mailman/listinfo/consulting
>
>
> ------------------------------
>
> Message: 5
> Date: Thu, 14 Mar 2013 09:37:51 -0400
> From: Sam Cohen <sam at samcohen.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: "A list for Drupal consultants and Drupal service/hosting
> providers" <consulting at drupal.org>
> Message-ID:
> <CAGrS=
> KWdLp+pSYLQRLAuLwkwEOrDcRN30vXUi19iQqH69httRw at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> On Thu, Mar 14, 2013 at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <
> allahbakash2 at gmail.com> wrote:
>
> > Do one thing consult the authority who sent the above said document
> > tell him to clarify or sign
> >
>
> It was clarified. They decided not go ahead with the project and not sign.
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> ------------------------------
>
> Message: 6
> Date: Thu, 14 Mar 2013 09:48:02 -0400
> From: Sam Cohen <sam at samcohen.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: "A list for Drupal consultants and Drupal service/hosting
> providers" <consulting at drupal.org>
> Message-ID:
> <CAGrS=
> KXs3ivm8bjQFpGRatkpHCG0vA-TtnOVxCEaRWggmnxiDA at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> On Thu, Mar 14, 2013 at 9:42 AM, Jeff Greenberg <
> listmail.ayendesigns at gmail.com> wrote:
>
> > In my experience a verbal commitment can only stand as a contract if you
> > have specifically clarified that the person making the verbal commitment
> is
> > in a position to authorize work to begin without any further approval.
> >
>
> Well, this is more than a verbal commitment. This was a written contract,
> supplied by the client, including my scope of work, that was given to me to
> sign. The only issue was they didn't return a signed copy to me because it
> was working it's way through their bureaucracy.
>
> It seems like in this case, they should sign first, or we should require
> they sign first. But the way it works here is they ask up to sign, to
> commit, and then it works it way through legal. Seems like it puts us at a
> serious disadvantage, where we have to be fully committed, but the client
> has no obligation.
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> ------------------------------
>
> Message: 7
> Date: Thu, 14 Mar 2013 09:49:23 -0400
> From: Jeff Greenberg <listmail.ayendesigns at gmail.com>
> Subject: Re: [consulting] Unsigned Contract Breach Question
> To: A list for Drupal consultants and Drupal service/hosting providers
> <consulting at drupal.org>
> Message-ID: <7197F004-B700-4F35-AE22-A40E86C3A6BD at gmail.com>
> Content-Type: text/plain; charset="us-ascii"
>
> I'm not sure whether you're saying that the decision not to proceed was
> the clarification, or you're saying it as two separate statements. If the
> person who gave you the commitment before going away to get the contract
> signed was clarified to be someone who can authorize work to begin, then
> you had a verbal contract. Otherwise, the normal implication is that
> everything depends on approvals from others.
>
> On Mar 14, 2013, at 9:37 AM, Sam Cohen <sam at samcohen.com> wrote:
>
> >
> > On Thu, Mar 14, 2013 at 9:34 AM, ALLAHBAKASH ALLAHBAKASH <
> allahbakash2 at gmail.com> wrote:
> >> Do one thing consult the authority who sent the above said document
> >> tell him to clarify or sign
> >
> > It was clarified. They decided not go ahead with the project and not
> sign.
> > _______________________________________________
> > consulting mailing list
> > consulting at drupal.org
> > http://lists.drupal.org/mailman/listinfo/consulting
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