So what ARE Boundaries?

[JenT1968]

Ago,
have you considered asking for payment up front? obviously you need a consequence that you are happy with if he doesn't or an enforcable contract, with some sort of penalty clause if he doesn't pay on time. (that won't cost you the earth to have enforced).

It just seems backwards here. You are powerful in this situation (and I know you want to be fair....) but if no-one gets paid if YOU don't finish the job, what would happen if you just downed tools at this point and said you wouldn't finish the job unless you had the proper rate for the day in your hand.

Say you want to go to daily wages (in advance)? that way you would only lose 1 day's wages if he pushed the boundary (or the company collapses)

Honestly, this whole set-up could collapse at a moments notice. It doesn't matter what financial problems he has, they are not of your making.

A different client would be a jolly good idea.

[MissFixit]

Could you draft an agreement and both parties sign it prior to working for him? Detail what you will and will not do. It doens't need to be complicated, but having it written down and signed greatly reduces his "negoitating" after the project.

I took a project management class about this last semester. I wrote mock proposals, bids and contracts for construction and demolition projects.

You could tell him that as you are growing your business, you find it necessary to keep things simple for both parties, so you will now be signing basic contracts prior to accepting projects.

I know that in freelance work, there are no spelled out rules, but this covers you and your crew as it is not fair to them either. The economy is tight right now which is probably why he doing this, but you have to look out for yourself and a contract is one way to do that while retaining his business for the time being.

[Ago]

Truthfully, I have found, in my experience, the best way for me to deal with clients such as this is to not have them.

I have had this difficulty with about 20% of the companies (and clients) in the past and the best thing I can do is increase my client base as to make them unnecessary.

The thing they all have in common is they always push at the end of the job to renegotiate the terms of the agreement because I work so fast I "make it look easy" and get the job done so much faster then they ever could have imagined.

I make it look easy because of a few factors, one is the physical toll it takes on me, it's very physically demanding, and one is the actual physical danger I place myself in. At the end of each job, my face hurts from gritting my teeth and I have adrenaline pumping through my system at an alarming rate, and I'm usually covered with contusions and abrasions. Another reason I get it done so fast is because I am a specialist, there are very few climbers that can or will even do large wood, but after a few hours I am "done in" and as I mentioned earlier, one or two hard days will require me to take to my bed for a few days to recover, this is by no means something I can do 40 hours a week, unless I slow WAY down.

There are only a few of us that do this any more, it's a highly specialized, incredibly dangerous field, there were 12 of us when I started 15 years ago, four of those men are now dead, and four injured so badly they couldn't continue, either from just choosing not to, or literally physically unable to continue (one got paralyzed), the other four of us started our own companies, I sold mine when I took over my families restaurant a few years ago.

I didn't plan on returning to this line of work, but it became available, and it's highly lucrative, although "spotty" (sporadic)

Anyway, generally speaking, the few folks that want "just a little more" at the end of the job, and try to renegotiate the contract at the end of the job display "red flags" early on, with a broad enough client base I just choose not to work for them.

This started off being one thing, and evolved to what it is as he went into financial difficulty, for now, it's a means to an end until I finalize my relocation process, which should be in another week or two, then I can start advertising for new clients and see about decreasing my dependence on just one client.

Having the ability to "down tools" and walk away at any time greatly increases my negotiating leverage in these situations, right now, I am unable to "enforce my boundaries" from a position of independence which is "If you -don't pay me properly and promptly- I will -walk away-

As it is, right now I have to just "negotiate" and do the best I can to "fight for my rights" but not from a position of autonomy and independence, I can't afford to lose him as a client at this time, so the weekly "discussion" is part of the job description, what I can do right now is have gratitude I am working, try to be as clear as I can what I expect, and try not to "attach" and get frustrated by these ongoing "renegotiations" and just realize they are part of working for this man, and work going forward to increase my client base once I relocate.

After I get a little more financial autonomy I will look at other career opportunities, this is by no means a long term endeavor for me, the danger and physical toll it takes is just too much. At 35 I was already way too old to be doing this, at 43 it's just ridiculous.

[Lilyflower]

Well you sound as if you have thought this through and know how you want to handle this with this man.

I do agree with the posters who recommended you get a contract signed/money up front for the job. I work in a financial field and the contract my company has signed up for for facilities management has clauses in it for non payment, service level failures, fixed fee deductions etc etc. These things are well worth you looking into and including into your working practices.

I understand you do not want to be doing this job long term, but for the forseeable future, you are and therefore you should take steps to protect your rights as a contractor.

It should not be possible if they are tied to a contract with you to renegotiate with you after the fact, they have a legal document binding them to pay you a said amount under the agreed proposals etc layed out in your contract. This agreement you mention, is a legal document? - if so, you can enforce it, it is your right!

Good luck
Lily xxxxxxxxxxxxxxxxxxxxxxxxxxxx