[AccessD] Project Official Start

Kath Pelletti sdssoftware at optusnet.com.au
Wed Oct 1 04:39:21 CDT 2003


Great advice from Gustav and Andy - with this client I think the spec is going to be an absolute must.....without it, how will you agree that the system (as commissioned) has been delivered? It's going to be as much for you as them - they could keep coming back to you otherwise and that could prove very costly if you have a penalty clause. (and 8% sounds way too high.....)

Kath
  ----- Original Message ----- 
  From: Gustav Brock 
  To: Access Developers discussion and problem solving 
  Sent: Wednesday, October 01, 2003 6:04 PM
  Subject: Re: [AccessD] Project Official Start


  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

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