CFH and Late Payers

Subject: CFH and Late Payers
From: Martin Waxman <martin -at- waxman -dot- net>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 04 Jan 2002 20:11:25 -0500

Rule number 1 in contracting: If it ain't written in the contract, it ain't part of the deal.
Rule number 2 in contracting: Have a clause which says that any change in scope from the original contract or agreement, is required in writing from the client, and requires a price and time re-negotiation.
Rule number 3 in contracting: Get client sign-off on statements of work and all milestones. Do not deliver the next phase or milestone until signoff.
Rule number 4 in contracting: Avoid fixed price work. You will always lose your ass or have to bid so high to cover unforeseen events that you will lose the bid.

I once worked as a branch manager for a consulting firm (no longer in business) in New York City.
Owners insisted that contracts or agreements for project work, state as little as possible, and be as vague as possible.
They felt this gave them an advantage in lititgation. They had sharks for lawyers on retainer, sued immediately at any payment balking from clients, and stopped work if payment didn't arrive on time.

I learned some hard lessons from both sides of the issues on that job.

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