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Tech Helproom

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Help with a contract


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Hi all

I hope someone can help me! I have an IT supplier building a database for us at the moment. This supplier has been tardy with the project and we are now running about 9 months behind schedule.

He is putting together a new contract for the job and has included many and varied safeguards for himself (e.g. if we ask for additional features they will be charged in addition to the agreed price, etc). But there is no safeguard at all for us. He could take another nine months to do the first task of the list, and there is nothing we can do about it.

Now, I know this kind of thing is very difficult in IT projects as delays can be due to clients not getting back with information, or various other things. So I want to be fair, but my boss is not going to sign that contract without some kind of safeguard in it for us.

Does anyone have any wording that can be used? And what kind of penalties would be fair?

We will be paying in monthly payments for the job, rather than half on signature, half on completion.

Hope you can help!!

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Chris the Ancient

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chancing = changing!

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Chris the Ancient

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Sounds like you have a problem.

Personally, I would never indulge in what MoD call a 'Cost Plus' job where the developer gets a monthly payment - regardless.

When I have done one or two odd IT jobs, I have always worked on the basis of a fixed price with a percentage up front and the balance on acceptance. Customer invoked changes *had* to be negotiated at the time of request because a seemingly simple request might mean undoing a lot of back-tracking (rather like chancing the colour of the bricks in the foundation when the house has reached weather tight).

With something that could be so expensive, cut your costs and get a solicitor (one who understands these sort of contracts) involved. It will cost; but could save money and problems at a later date.

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