Need help - HORRIBLE client - what to do?

Question

Ok, I'm a graphic designer, design eBay stores and websites, that kind of stuff. Well, I'm doing 6 stores and listing templates for this one guy. I got paid a small deposit 7 1/2 weeks ago. SMALL - not even 1/4 of the project. (long story, my boss passed my friend and I this guy after he proved to be a pain in the @ss) WELL - 7 1/2 weeks later, we are only on the THIRD store (not even to listing templates yet) He is the pickiest, most infuriating man ever. I am a dang good designer if I say so myself and have never had to revise a store more than two or three times to satisfy the client. I have done OVER THIRTY revisions for this man including full blown mocks. I counted my psd's and I didn't even save all my psds when I made the changes so who knows how many in all. Ok my deposit was $150 - I'll just tell you. Anyways - I am at my breaking point, want to tell the guy to drop dead I don't care, but I need the money and I keep thinking I'm almost done. Keep thinking that, keep thinking that you know. Well my "boss" (main client) told me I was now the "project manager" and could tell this guy we're charging more per revision, but I'm not sure how to do that. I want to see some money NOW. I am in the middle of a big move and I haven't been paid for this - worked on it every day - for 7 and a 1/2 weeks! What do I do?!!? What do I say to this guy from Canada, with a horrible accent I can't even understand. And he also wants to talk on the phone after every little change. I want to physically hurt someone. So anyways- what should I say and do about the money issue? What have other people done with this situation? I really just want to say "Ok, I know you had a contract with other guy that said "this amount of money" but I'm changing it right now - to this amount" don't pay up, you can kiss my @ss. :) - but what is the "right" thing to do?

Answer 1

First of all, don't take it personally.  The only real problem here is that your pay date is getting further and further away because of the delays, and the delays are happening because you have created unrealistic and unhelpful expectations for the Canadian.  His asking you to do more work SHOULD be a positive (it should equal more money for you).

The problem you've got locked into is a common one with fixed fee contract.  A lot of clients want to have a lot of control and input, and they use up your time heavily even with communication alone.  You need to set boundaries on this.  When someone asks me to "do X for $Y", I will say, "OK, but we need to establish exactly what X is in tedious detail.  If you ask for anything that is more than X, you will have to agree to additional payment."  Cost certainty for the client MUST equal earning certainty for you!  Otherwise, it's always in there interest to run DOWN your earnings per unit time by maximizing X without changing Y.

It sounds like this is a bad arrangement.  I would say something like this to the client:

"It seems like we have different expectations of how this process should work.  The amount of time we are spending on communication and revision is well beyond what is reasonable to me.  This isn't the project I thought it was when we signed on to do this.  We either need to work differently, renegotiate the contract, or go our separate ways.

"Every hour I spend on unexpected communication or revision time is money directly out of my pocket.  It's work I do that wasn't accounted for in the payment amount, so it's work I am doing free.  You're a reasonable person, so I know you'll agree and understand that this isn't fair."

Hopefully, you can then proceed to renegotiate the contract.  It should either be regularly paid hourly billing (he pays for your time as he uses it) or you need to renegotiate the existing terms of payment to take into account the real working conditions (and require an additional deposit be given).  A compromise could be a contract based on X hours per design.  When X hours has been used, you have to say, "OK, we can go ahead with those changes, but you must approve extra billing for this design at $Y per hour."

With your level of frustration, you may just have to get out of it.  If it comes to that, offer to give him all the work you've done today in exchange for reasonable compensation, or, worst case, give him back the deposit and keep your work (they get nothing, you get nothing) and move on with your life.  It's not worth damaging your mental health.

Answer 2

I can understand how difficult these clients are. I suggest:

- Write down the rules. One store at a time, maximum two minor revisions per store, any further revisions will be charged by the hour (set an hourly rate).

- Once the store design is approved and received by the client, he must pay for that job.

- Only when you get proof of that payment you will start working on the next store.

- Get him to approve all changes in writing. Even if he insists on giving you details over the phone, write them down and send and e-mail to him, indicating that you will apply the changes ONLY when he accepts them in writing.

Sad to say, but some clients are just not worth the effort to keep them.

Answer 3

Ozer and Fergus are right on the money.  In addition, I would add that your customer needs you as much, at this point, as you need his money. If you bail out, he is going to have to start over.  And there is no guarantee that the next contractor won't tell him to stick it in an even shorter time frame, and the next one and the next one.  Eventually, people like this get theirs.... something about karma.

This won't help you much now, but in the future specify in writing what you are going to provide for what payment.  Set it in writing.  Then, if change orders come up, and they will, you can dictate the price before committing to the change order.  The customer generally has no financially better alternative to your change order price.

I spent many years in distribution sales and saw many electrical contractors that bid jobs at no profit, or even a loss, going in knowing that they would reap big rewards on the change orders.  In my opinion, that is where the real profits are to be found.