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Can I amend a contract after end date
Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?How does a contract end?What happens when a contract was signed but a party can't fullfill their oblications due to circumstances outside their controlTerminating a freelance contract before completionCan I demand a contract payment for work that has been created if the final payment for the work is due based on client approvalIs this cancellation policy legal?Does intent affect whether or not repudiation or fundamental breach has occurred?Client wants me to sign a contract after 1 year of working together, cites US tax laws as the reasonDoes a subsequent signed version of an amended contract/offer override previous signed versions?Is a single electronic document that contains separate untitled and unnumbered sections “one contract”?Does my employer have to pay redundancy when my contract takes me over two years service?Dispute unpaid debt of a deceased family member
I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days.
Given that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good.
However, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5.
Can I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?
Thanks
contract-law contract
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
add a comment |
I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days.
Given that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good.
However, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5.
Can I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?
Thanks
contract-law contract
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
add a comment |
I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days.
Given that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good.
However, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5.
Can I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?
Thanks
contract-law contract
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ideas and work in progress, we went way past that end date and now I am only going to deliver the final work in 2 days.
Given that there is a clause in the original agreement which states that in case of changes in ideas and the work takes more time at my sole discretion, then the client will allow more time to deliver. All of that is good.
However, I want to change the end date of the Original contract to November 2 2018 but I am not sure if that's possible, given it's already past October 5.
Can I actually amend the original contract now and say the end date changed to November 2nd 2018 and then amend some sections of the contract as well, to remove some sections and also to add some sections?
Thanks
contract-law contract
contract-law contract
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
asked Oct 31 '18 at 19:29
nTuplynTuply
1113
1113
add a comment |
add a comment |
2 Answers
2
active
oldest
votes
Can I actually amend the original contract now and say the end date
changed to November 2nd 2018 and then amend some sections of the
contract as well, to remove some sections and also to add some
sections?
Changing the end date to November 2 is unnecessary, especially given the clause which allows you to modify the delivery date.
In general, changes to a contract need to be mutually agreed upon. As you intend to remove and add clauses, always beware of the doctrine of contra proferentem.
Without knowing what sort of changes you have in mind and what prompts them, if I were in your situation, I would let the October-5 contract reach its completion (by delivering on November 2), and then pursue a new contract with your intended changes for subsequent business with that client. That helps preempting ambiguity should any controversies arise. Besides, it is unlikely that the client would agree upon retroactive clauses anyway.
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
add a comment |
A contract is terminated by performance when all parties have completed their obligations. So, when you have delivered and they have paid and any other obligations incidental to that have been completed (such as the expiry of any warranty or guarantee) then the contract has ended.
There are other ways of terminating a contract but they are (hopefully) not relevant here.
What you have in your contract is not an end date but a date by which you were obliged to complete one of your obligations. Not delivering by that date is technically a breach of the contract which would entitle the other party to sue.
However, there is a mechanism in the contract for varying the date for delivery which you have done and the client has agreed to. Note that there is an implicit term that you will exercise any powers you have under the contract (such as extending the delivery time at your "sole discretion") in good faith - if your client rejected your proposed revision and sued, you would have to demonstrate that the revised date was reasonable in the circumstances.
You should not unilaterally materially amend a written document that records a contract - doing so entitles the other party to terminate the contract.
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
|
show 1 more comment
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Can I actually amend the original contract now and say the end date
changed to November 2nd 2018 and then amend some sections of the
contract as well, to remove some sections and also to add some
sections?
Changing the end date to November 2 is unnecessary, especially given the clause which allows you to modify the delivery date.
In general, changes to a contract need to be mutually agreed upon. As you intend to remove and add clauses, always beware of the doctrine of contra proferentem.
Without knowing what sort of changes you have in mind and what prompts them, if I were in your situation, I would let the October-5 contract reach its completion (by delivering on November 2), and then pursue a new contract with your intended changes for subsequent business with that client. That helps preempting ambiguity should any controversies arise. Besides, it is unlikely that the client would agree upon retroactive clauses anyway.
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
add a comment |
Can I actually amend the original contract now and say the end date
changed to November 2nd 2018 and then amend some sections of the
contract as well, to remove some sections and also to add some
sections?
Changing the end date to November 2 is unnecessary, especially given the clause which allows you to modify the delivery date.
In general, changes to a contract need to be mutually agreed upon. As you intend to remove and add clauses, always beware of the doctrine of contra proferentem.
Without knowing what sort of changes you have in mind and what prompts them, if I were in your situation, I would let the October-5 contract reach its completion (by delivering on November 2), and then pursue a new contract with your intended changes for subsequent business with that client. That helps preempting ambiguity should any controversies arise. Besides, it is unlikely that the client would agree upon retroactive clauses anyway.
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
add a comment |
Can I actually amend the original contract now and say the end date
changed to November 2nd 2018 and then amend some sections of the
contract as well, to remove some sections and also to add some
sections?
Changing the end date to November 2 is unnecessary, especially given the clause which allows you to modify the delivery date.
In general, changes to a contract need to be mutually agreed upon. As you intend to remove and add clauses, always beware of the doctrine of contra proferentem.
Without knowing what sort of changes you have in mind and what prompts them, if I were in your situation, I would let the October-5 contract reach its completion (by delivering on November 2), and then pursue a new contract with your intended changes for subsequent business with that client. That helps preempting ambiguity should any controversies arise. Besides, it is unlikely that the client would agree upon retroactive clauses anyway.
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
Can I actually amend the original contract now and say the end date
changed to November 2nd 2018 and then amend some sections of the
contract as well, to remove some sections and also to add some
sections?
Changing the end date to November 2 is unnecessary, especially given the clause which allows you to modify the delivery date.
In general, changes to a contract need to be mutually agreed upon. As you intend to remove and add clauses, always beware of the doctrine of contra proferentem.
Without knowing what sort of changes you have in mind and what prompts them, if I were in your situation, I would let the October-5 contract reach its completion (by delivering on November 2), and then pursue a new contract with your intended changes for subsequent business with that client. That helps preempting ambiguity should any controversies arise. Besides, it is unlikely that the client would agree upon retroactive clauses anyway.
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
edited Oct 31 '18 at 19:58
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
answered Oct 31 '18 at 19:53
Iñaki ViggersIñaki Viggers
11k21831
11k21831
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
add a comment |
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
So, I can just let the contract end on October 5 and not change the date but still make an amendment for said contract to show that some features were removed and some were added without amending the end date, correct?
– nTuply
Oct 31 '18 at 20:48
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
No, don't make amendments to that contract at this point in time: you are delivering the project within two days, and as I understand it the contract is about that project. Unless you have a compelling reason that outweighs the risk of entangling matters of your current contract, just let it reach completion and ask the client to sign a new contract which will govern your subsequent work.
– Iñaki Viggers
Oct 31 '18 at 22:51
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
@nTuply If the contract specifies the features, and the required features have changed, then don't change the contract at all - just deliver the product with the (currently) required features.
– Martin Bonner
Nov 1 '18 at 16:29
add a comment |
A contract is terminated by performance when all parties have completed their obligations. So, when you have delivered and they have paid and any other obligations incidental to that have been completed (such as the expiry of any warranty or guarantee) then the contract has ended.
There are other ways of terminating a contract but they are (hopefully) not relevant here.
What you have in your contract is not an end date but a date by which you were obliged to complete one of your obligations. Not delivering by that date is technically a breach of the contract which would entitle the other party to sue.
However, there is a mechanism in the contract for varying the date for delivery which you have done and the client has agreed to. Note that there is an implicit term that you will exercise any powers you have under the contract (such as extending the delivery time at your "sole discretion") in good faith - if your client rejected your proposed revision and sued, you would have to demonstrate that the revised date was reasonable in the circumstances.
You should not unilaterally materially amend a written document that records a contract - doing so entitles the other party to terminate the contract.
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
|
show 1 more comment
A contract is terminated by performance when all parties have completed their obligations. So, when you have delivered and they have paid and any other obligations incidental to that have been completed (such as the expiry of any warranty or guarantee) then the contract has ended.
There are other ways of terminating a contract but they are (hopefully) not relevant here.
What you have in your contract is not an end date but a date by which you were obliged to complete one of your obligations. Not delivering by that date is technically a breach of the contract which would entitle the other party to sue.
However, there is a mechanism in the contract for varying the date for delivery which you have done and the client has agreed to. Note that there is an implicit term that you will exercise any powers you have under the contract (such as extending the delivery time at your "sole discretion") in good faith - if your client rejected your proposed revision and sued, you would have to demonstrate that the revised date was reasonable in the circumstances.
You should not unilaterally materially amend a written document that records a contract - doing so entitles the other party to terminate the contract.
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
|
show 1 more comment
A contract is terminated by performance when all parties have completed their obligations. So, when you have delivered and they have paid and any other obligations incidental to that have been completed (such as the expiry of any warranty or guarantee) then the contract has ended.
There are other ways of terminating a contract but they are (hopefully) not relevant here.
What you have in your contract is not an end date but a date by which you were obliged to complete one of your obligations. Not delivering by that date is technically a breach of the contract which would entitle the other party to sue.
However, there is a mechanism in the contract for varying the date for delivery which you have done and the client has agreed to. Note that there is an implicit term that you will exercise any powers you have under the contract (such as extending the delivery time at your "sole discretion") in good faith - if your client rejected your proposed revision and sued, you would have to demonstrate that the revised date was reasonable in the circumstances.
You should not unilaterally materially amend a written document that records a contract - doing so entitles the other party to terminate the contract.
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
A contract is terminated by performance when all parties have completed their obligations. So, when you have delivered and they have paid and any other obligations incidental to that have been completed (such as the expiry of any warranty or guarantee) then the contract has ended.
There are other ways of terminating a contract but they are (hopefully) not relevant here.
What you have in your contract is not an end date but a date by which you were obliged to complete one of your obligations. Not delivering by that date is technically a breach of the contract which would entitle the other party to sue.
However, there is a mechanism in the contract for varying the date for delivery which you have done and the client has agreed to. Note that there is an implicit term that you will exercise any powers you have under the contract (such as extending the delivery time at your "sole discretion") in good faith - if your client rejected your proposed revision and sued, you would have to demonstrate that the revised date was reasonable in the circumstances.
You should not unilaterally materially amend a written document that records a contract - doing so entitles the other party to terminate the contract.
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
edited 1 min ago
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
answered Nov 1 '18 at 1:14
Dale MDale M
56.8k23680
56.8k23680
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
|
show 1 more comment
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
In my original contract, I have a section for Changes to the Scope of Work, which contains: "... In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Website or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Website with the proposed change and subject to the delay and/or additional expense".
– nTuply
Nov 1 '18 at 1:58
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
Now the client wanted some features removed from the Scope of Work and add more features, which I did but we went beyond the date that I'm supposed to deliver (on or before Oct. 5) but that's fair since we talked about it and we both agreed(on messaging app) that it will need to be extended anyways given things have changed. Do I still need that amendment or do I just need to invoice the client the final payment invoice and that's it? I am just concerned about the features deletions and additions.
– nTuply
Nov 1 '18 at 2:00
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@nTuply can you please try to explain why you are concerned about this when, as you have stated more than once here, there is a specific clause that allows, essentially, you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted? What is missing in your view? With the details you have given, without knowing more, you're basically done and fine once you deliver the product.
– A.fm.
Nov 1 '18 at 3:01
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
@A.fm. "you and your client to discuss changes and, if they are going to take longer than originally planned, that person can accept or decline and it sounds like they have accepted". What I want to know is, do I need to document those in an amendment or not? Since our conversation about features to be removed and added were verbal and via text messaging. That's my only concern.
– nTuply
Nov 1 '18 at 3:07
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
Ohh, okay. Honestly, I didn't get that from your original question. I'd certainly document those conversations as it sounds like you have by keeping (I hope) the messages from the messaging app. If the contract says what you've stated above and you have those messages showing the client asking for x and you indicating it may take y longer and the client agreeing, it sounds like you should be fine. That said, none of this should be construed as legal advice!
– A.fm.
Nov 1 '18 at 3:20
|
show 1 more comment
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