safeguarding freelance php work

[powpow]

This might not be the right forum for this post but I have recently started helping some contracting web development companies develop and maintain their clients' websites. 

 

I was wondering how does one code their projects to ensure that they receive payment for the work they accomplished? I would like to hear about only legal ways...

[Adam]

You need to sign a contract with them.

[powpow]

yea I do have a signed contract but a contract is only enforceable after the fact.

 

For example, I work for company "Smiths Development" they ask me to update their client's application that connects to a db.  I work through ftp to update this application on their development server.  When the work is done I wait for the payment that never comes.  I then have the right to sue because of the breach of contract, but until this is resolved via mitigation or through the courts the development work I have done is out on the web. 

 

The client is happy because their project is completed, Smiths Development is happy because they got paid from the client, and I am at the bottom of the hill getting a keen understanding of what it means when gravity pulls things down.

 

I was possibly thinking that I could have the site copied to my web server and then get paid for the work before submitting it. 

 

I guess what I asking what are my legal avenues for not getting taken advantage of? and do i have an ace in the hole if a contract is breached?

[Pikachu2000]

The hassle of having to perform collections, sell non-paying accounts to collection agencies for a fraction of the outstanding amount, and suing people that need to be sued is part of the cost of doing business. If your contract calls for payment prior to delivery/upload, then you have much more leverage but you've still done the work and invested the same amount of time (minus 4 minutes to FTP the files).

[powpow]

So what is a reasonable process to do freelance work? 

 

I mean I would like to have some power when it comes to people not paying me but if there is no way to encrypt or have my code expire if I don't get paid then I guess I have no choice but to have a copy of their site and to work remotely.

[KevinM1]

So what is a reasonable process to do freelance work? 

 

I mean I would like to have some power when it comes to people not paying me but if there is no way to encrypt or have my code expire if I don't get paid then I guess I have no choice but to have a copy of their site and to work remotely.

 

Power comes from having a contract.  Yeah, it sucks to have to play games in the legal system, but that's the only way to do it.  Next to the supplies you need to have in order to create sites (computer, software, etc.), a lawyer is the best investment you can make.

 

And, if you want to get paid, there's nothing wrong with writing a contract specifying that you will get a portion of the agreed upon fee at certain milestones in the project.  In fact, that's probably the best way to do it, as it forces the client to honor the contract early, and you won't spend extra time working on stuff that hasn't been paid for. 

 

Finally, why wouldn't you work remotely?  You should never do work directly on the server.  Get yourself VirtualBox, and install whatever flavor of linux you like on it.  Install PHP, whatever database the client wants, and some sort of version control software (Git, Subversion), so you can track your changes without overwriting old copies.  Do your development there, and push whatever you need to the server when you need to do it.

[powpow]

You should never do work directly on the server.

 

I meant remotely to their dev server versus my own development box. 

 

I appreciate your input and this is exactly what I was looking for.  Thank you! 

[thehippy]

This is a bit askew to your questions, but I found a 5% 10 net 30 policy helps a great deal in getting paid quickly.  That's 5% discount if paid within 10 days, full payment due in 30 days on my invoices.  Business owners love discounts, perhaps even more then coupon toting grandmothers.  You can vary the discount to suit your needs and possibly how much you like your client.

 

And also this is a great talk about getting paid, protecting yourself and your work with contracts.  Phone up a couple of business lawyers in your area, and ask them about service contracts, employment contracts, their experience with the industry, their fees.  Many of them will gladly sit down with you for a half hour for free to discuss what they can do for you.