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Another request for advice about arbitration.

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Tim_Williams
42
Tim_Williams 2014.10.10 03:18 

Hi,

I am at the “Prototype/Model” stage of an EA development, the developer has confirmed the step "Negotiation of Requirements", and the agreed fee has been locked on my account. So far so good. But the developer has just decided that he/she is not able (for what ever reason) to complete the EA and has posted: "Unable to perform the job in full. Ask unlock client funds."

What should I do now? And will I be expected to forfeit 5% because of the developer’s decision? After all there have been no changes to the original EA description (other than confirming the type of Stop Order) and there is no guilt or disagreement from either side.

Regards.

Stuart Browne
5887
Stuart Browne 2014.10.10 03:52  
Tim_Williams:

Hi,

I am at the “Prototype/Model” stage of an EA development, the developer has confirmed the step "Negotiation of Requirements", and the agreed fee has been locked on my account. So far so good. But the developer has just decided that he/she is not able (for what ever reason) to complete the EA and has posted: "Unable to perform the job in full. Ask unlock client funds."

What should I do now? And will I be expected to forfeit 5% because of the developer’s decision? After all there have been no changes to the original EA description (other than confirming the type of Stop Order) and there is no guilt or disagreement from either side.

Regards.

Hi

Frustrating isn't it? Same thing happened on my last 2 jobs. You have to take it to arbitration, make sure you list all the details of what has happened so the admin can see it. And yes, you will still forfeit 5%. 
Tim_Williams
42
Tim_Williams 2014.10.10 07:43  
Filter:
Hi

Frustrating isn't it? Same thing happened on my last 2 jobs. You have to take it to arbitration, make sure you list all the details of what has happened so the admin can see it. And yes, you will still forfeit 5%. 
As you rightly said, I'm 5% lighter due to a change of mind by the 'developer' (and wasted some not-too-valuable time). But where does my 5% go? Into someone's pocket just for saying "OK" and pushing a couple of keys. If the 'developer' decides the task is beyond his/her abilities after accepting the job, then the developer should be responsible for the costs, not the customer.
Stuart Browne
5887
Stuart Browne 2014.10.10 08:39  
Tim_Williams:
If the 'developer' decides the task is beyond his/her abilities after accepting the job, then the developer should be responsible for the costs, not the customer.
Couldn't agree more Tim. The customer has done nothing wrong, the coder has taken on a job he's not competent to finish. But the customer gets punished. It seems even more bizarre as if both parties are found at fault, the 5% comes off the coder. Work that one out!

I did raise this with the admins a few weeks ago and the response was that the coder had spent their time working on it, even though they couldn't finish, so they shouldn't be penalized. Still seems totally unfair to me but nothing we can do sorry mate.
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