Reply to: Not been paid...

[BlasterBates]

Yes they have found issues which are mostly historic and not a consequence of my changes

Fix them and then charge. The code control system will show when the bugs were introduced, or at the very least point this out.

Keep sending bills and go legal when they don't pay. They're using the system so it is fit for purpose.

If the customer has to maintain the code then you need to hand it over.

[Willapp]

I don't think you answered about contract clauses relating to code ownership... my inclination would be not to release code until payment but it depends what the contract says. Certainly, refusing to do further work until you've been paid for what was already done is not unreasonable.

This was my first thought as well. When it comes to getting paid the only leverage you have is if you can legally withhold the source code that contains your work, otherwise you've given them total power over you. As the other replies have stated, this situation isn't uncommon when it comes to having vague agreements and is a lesson we all generally learn once. If they are otherwise good clients and there is a potential for further business, I would try hard to find an amicable solution and communicate in a positive way as much as possible. Try to emphasize (in writing) that the issues they have uncovered are not a result of your work (easily provable by performing the same tests on code before your changes) but you are happy to work with them to resolve the problems, perhaps at a heavily discounted rate or even free of charge if you are confident that it will lead to you getting paid in full and possibly future work.

At the end of the day the worst outcome for you is you get paid nothing for what you've already done - trying to take them to court won't guarantee payment even if you win, and unless the contract is very clear (sounds like it isn't) you can't be sure you would win. Best outcome is you get paid what you are owed plus perhaps something for the additional work, and walk away with your reputation intact.

[d000hg]

So the original contract was to port an existing system to a new technology/platform - a like-for-like rewrite? Plus some bug-fixes to existing issues in the old system?

If that's the case then I can't see it's your responsibility to fix things they didn't tell you were broken if this would be classed as domain knowledge that's unreasonable for you to figure out.

I don't think you answered about contract clauses relating to code ownership... my inclination would be not to release code until payment but it depends what the contract says. Certainly, refusing to do further work until you've been paid for what was already done is not unreasonable.

[kaiser78]

I've got a feeling this is going to be a very long thread.

It doesn't need to be, as the elemental questions have been asked to hopefully inform OP on what he needs to do next.

[kaiser78]

And also what was the defined acceptance/completion criteria in the signed contract ? Was it specific enough or have elements of vagueness, hence the situation you are now faced with ?

[WordIsBond]

What does your contract say about fixing problems? Do you fix them at your cost, or do they pay for fixing them? This is a big question in the context of IR35, and is in HMRC's online tool, but it's also a big question in terms of client relationships. Your first port of call should not be an online forum, it should be to go back and see what, if anything, your contract says.

Then, you need to look at exactly what is your problem and what is preexisting problems, and probably document that thoroughly. Once you know what your contract actually says, and know what is legitimate grounds for complaint and what isn't, you're able to intelligently discuss it with them.

[TheFaQQer]

They have never done regression on the kits they are testing on. But if they did, it would have the same fail without question

Explain that the issues they describe were present before any change as a result of your code - get them to demonstrate their problems working in another environment to show that they are down to your code changes.

[northernladuk]

I've got a feeling this is going to be a very long thread.

[Lance]

Not been paid...

They have never done regression on the kits they are testing on. But if they did, it would have the same fail without question

So you didn't ask for baseline tests in advance?
I bet you will next time.

You need to talk to them about amicable resolution. They probably would like you to fix it for free. You need to be clear on what you'll do, what you won't do and what you expect to be paid. Put it in writing once agreed and learn from the exercise.

[montyburns4]

Did the regression tests pass before?

They have never done regression on the kits they are testing on. But if they did, it would have the same fail without question

[SueEllen]

Ruprect - is your avatar Steve Martin (and Morris Mickelwhite) in Dirty Rotten Scoundrels?

Did the regression tests pass before?

[montyburns4]

I don't know the full details but if I'd paid someone to deliver me something I'd be a bit narked if they gave me it back with issues as well to be fair. What are the chances you can fix them quickly?

Yes. The agreement was to do unit testing which all passed on my machine. However regression pulled out issues that weren't related to the upgrade.

[montyburns4]

Is the jurisdiction England or any other part of the UK?

Yes England

[northernladuk]

I don't know the full details but if I'd paid someone to deliver me something I'd be a bit narked if they gave me it back with issues as well to be fair. What are the chances you can fix them quickly?

[SueEllen]

Is the jurisdiction England or any other part of the UK?