Gustav Brock
gustav at cactus.dk
Wed Oct 1 03:04:23 CDT 2003
Hi Hadyn This "yes" is nothing more than a "Declaration of Intention" which on its own has some value though not being an agreement. I would not sign or negotiate anything before specs are settled as these are the foundation for any further discussion. Whether you or the client carries the cost for writing the specs doesn't matter. Then, don't accept 8%. Where does this figure come from? If you can't avoid it, go for 3% for each 14 days so you can reach a compromise at about 5% each 10 days (which, by the way, is just as arbitrary as 3% or 8% or 1 or 2 weeks). Further, only major missing items from the specs (do include a list of these in the final agreement) should release this penalty, not minor tweaks as correction of spelling errors in menu items and the like. Also, have a firm agreement on how long time the client can use for approving your app after you have installed a revised version. And, if the client cannot approve it, he has to specify in writing exactly what is missing according to the specs. If he delays this action, the same amount of days are added to your 11 weeks up to a maximum of, say, one week per approval after which your app will be regarded as approved whether the client has signed or not. /gustav > When do you say a project has started? I have a client that has said 'Yes' > to a project, but has not signed off the spec, or the quote, and now wants > to negotiate penalty clauses before they sign (if we don't deliver on time > to the proposed end date (11 weeks from start of project) they reduce total > payment by 8% for each full week we are late). I have managed to get them > to exclude Acts of God etc, and have suggested that if they are to blame for > the delay we should be allowed to charge them for the extra time. > Any thoughts? > Kind regards > Hadyn