Oh, goody.  A 'been there, done that' to which I can really relate.

> However, I've been trying to work with a client for over a month for
> whom I'm doing a number of site upgrades who is an exception to the
> rule.  We all get them from time to time, I realize that.  But this one
> I can say without reservation has turned into the proverbial "Client
> >From Hell." I want to fire her so bad I can taste it.

"over a month"

If this is what you've dealt with in only a few weeks, imagine how much
worse it will get.

> My contract states clearly in more than one place that the quoted
> project fee is for services described herein and only those services,
> and that additional requirements are likely to result in additional fees
> and possibly a new contract.  However, the client has established a
> pattern (partly my fault for not seeing this earlier and setting

This is one that the attorneys on the list will chime in about in minute
.... "if it isn't in writing, it doesn't exist."

This is in your contract.  Whether or not you or the client 'understood'
some point regarding changes or additions, it is not a true 'understanding'
unless it's in writing and signed off on by both parties.

If a suggestion, comment, wish list, etc. falls outside of the original
contract specs, write up a statement of work with costs and show the client
in writing what they're getting and what it will cost.  The 'well, we agreed
that....blahblahblah' doesn't hold water if you hold fast to pointing to it
on paper.

Alex's mention of time and materials costing is a tack I had to take with a
client very similar.  Only this client was such a 'nice guy' that it pained
me to stop being a 'nice gal' and get out of the give-give-give routine that
started as a tweak here, a consult there..... My contract not only says that
other services are extra, it says unless we have a statement of work that
details the scope, I charge hourly, and what that rate is.  After the first
invoice with X hours on it at the hourly rate, the phone calls and emails
really tapered off.  I didn't lose him - he still calls with work, but I
bill, he pays, and he's much more judicious with his wants and needs ;)

It's extremely obvious that your client does not treat you as a
professional.  I terminated a client (only 2 in my career, thank goodness,
and tried with one more, who snapped out of it and came back, but I *will*
terminate) once over this.  It was perfectly okay for the client to demand
my time and resources, but when the bill rolled in, the client balked.  Not
only balked, but verbally attacked both me and my company.  When I responded
with something very similar to Darrell's example, the client fired back with
righteous indignation... how could I just drop them like that? gasp!  I
ended by saying that my business was no more a charity than was theirs and
while they were experts in their industry and expected to be treated and
paid as such, the same was true for me.

Does their doctor, lawyer, accountant, or mechanic work for free?  I don't
think so.

> requirements, and I also suggest she make a "wish list" which we can
> discuss later, she has begun to berate me for being uncooperative.
> According to her, I am unwilling to be flexible.

It's not you who is inflexible, it is the original agreement.  This is a red
flag that came up with my client.  There was no intention to pay for extra
services, but to needle until it was easier to say 'oh, all right, now
please just go away' than to argue.  She wants something for nothing.
Accept that you probably will never change that.

>According to her "I
> don't understand why we can't do this -- it seems like just a simple,
> quick, change".  Although I have tried to accommodate her on some of the

That is the keystone to the entire situation.  She doesn't understand how it
works.  You have two choices - educate her and hope she gets it, or accept
that she probably never will and cut your losses.

> Oh, and of course my way is never the right way -- quote: "I don't
> understand why we have to do it that way"; she explains her way, which
> is entirely bogus and wouldn't work in a million years, but no, it's got
> to be her way even though she knows nothing about it.

Tell me again why you're even considering sticking this out?  Are you a
natural masochist or do you work at it? ;)

Seriously, you never *will* make her understand.  And is that really your
job?  If she had to go in for brain surgery, would she provide the surgeon
with a better plan?  Would he even listen, or try to explain why his way was
better? Pu-leez.

> Most recently, she has even gone so far as to accuse me of whitewashing
> her on an item which she now claims was a project requirement, even

Here's a favorite line of my attorney "show me in writing where it
says....."

> attempt.  Essentially the implication is clearly that she feels I am
> lying about this and that I am now trying to shirk my responsibilities.
> I simply do not work this way, but she's convinced otherwise.

People expect others to act and react in the same manner as do they.
Hmmm.... think about *that*.

> there will be nothing I can do to satisfy her no matter how hard I try,
> and at this point I have a *very bad gut feeling about her altogether.

Gee, I wonder why.

> OK, sorry about the rant.  For those few still with this, my question
> now is: don't you think it's time to fire this client?  I can see
> nothing good coming of this, and in the mean time I'm starting to suffer
> backlogs with my other clients.

Say that out loud and listen to yourself.  You already have the answer,
you're just looking for confirmation.

> As importantly, in the experience of others in the group, what seems to
> be the best way to terminate such a client without unduly risking
> further acting out on her part?  My contract does clearly state that
> either party may terminate the agreement at any time with or without
> cause by giving the other party seven days written notice, etc.

Stop subjecting yourself to the abuse.  Put your nose to the grindstone,
finish the project to the specifications without involving her input any
more, and once the requirements of the contract are complete, send a nice
little note that says congratulations on the completion of her project, it
is obvious to you that you're not the best person to handle her account and
she would probably be more happy elsewhere.  You might not get paid for the
rest of the project, but your part is done and you are the one with cause
for action if it comes right down to it.  Experience, however, has taught me
that it's best to chalk it up as a payment for the education and leave it at
that.

> I'm to the point where I'd be willing to return the entire first payment
> (1/2 the project total) just to get this B***** out of my hair.  I also

How complete is the project?  In some states, just returning the money
doesn't remove the obligation to perform.  Your key is in your termination
clause.  You can terminate for any time or reason, but what happens to the
money?  That should be addressed in the termination clause as well. You
earned the money, do you want to keep it as consolation?  Or do you want to
return the deposit and try to exponge the entire episode?  Is the project
near completion (to the original specs) so that you can say you've done your
job and expect payment?

> wonder if I should keep it short and noncommittal -- e.g. "I'm sorry, I
> no longer have time to pursue this project", or should I include my
> concerns in a termination notice as reason for same? (I'm quite angry
> about this, so am hesitant to even attempt that).

Don't lie, but don't do a braindump, either.
You-and-I-don't-click-I'm-sorry-best-of-luck is both true and something that
won't come back to haunt you later.

In regard to Darrell's question as to whether you could afford to lose the
client.... my own experience has taught that it sometimes costs more to keep
them.  Could you really afford to *keep* this client?

Best of luck. /k

-------------
Karin Ransdell  kransdell(at)squishedmosquito.com
Escapade Development Team
Squished Mosquito, Inc.
http://www.squishedmosquito.com  or  http://www.escapade.org
-------------

HTML: hwg-business mailing list archives, maintained by Webmasters @ IWA