Cochimetl wrote
What matters is ADS bid on it at a set price and couldn't deliver. They took on a project that was bigger than them and should have quit and gave us our money back months ago. But they continued to try and figure it out, while we waited months why it sat on their back burners until we complained and they would work on it for a day. Our frustration was they knew early on they couldn't complete the task and left us hanging. We even took back some of the requirements because they couldn't figure them out. But instead of quickly finishing, let still let it sit for a few more months. They didn't treat us well and we don't want any other developers to have to go through what we did.
I've been on all three sides of this two-sided deal, and none of them are ever the fault of one single entity. They are almost always the fault of either miscommunication or misunderstood expectations. AllDnnSkins is not a bad company, though they are inexpensive and frequently do not share the same langauge and culture as thier clients. No matter what emails may have been exchanged, the basic understandings may be different so the interpretation of emails is different. I can't fault AllDnnSkins for anything they did for someone else, but I can't dismiss the fact that a customer wasn't satisfied either.
Cochimetl wrote
The reason we recommended Rent a Coder is because they are a third party mediator between outsource developers and the client. So if this incident had happened over there, they would have read all of our emails and made a decision on if what was requested was delivered. We are not saying Rent-a-Coder's developers do better work than ADS. We are saying we feel ADS is not the most ethical company and please think twice before risking your money using their services.
I don't think the Rent-A-Coder process works a whole lot better for most projects. The only advantage is that you have an escrow service, but I'm not sure the terms of escrow are well enough defined to provide any safety for either side. I can tell you what has worked in my case though.
One point is that when I contract with someone to do work for me, I almost always try to get someone I am either familiar with or who has a reputation I can verify through others I know. This means I almost always work with US-based contractors, and pay the price for them. When I do need something inexpensive, I still try to verify the worker with a known client. Recommendations are everything in this business.
I don't work with full payment up front. I don't require it for what I do, I don't pay it when hiring others. I usually do something along the lines of 25% up front, 10% held in reserve untilt he final sign off and the rest at agreed milestones. For example, if I were doing a $100 site, I'd need $25 up front, maybe another $25 when the prototype was accepted, $20 when the content was ported over and $20 more when they were trained on the site. $10 would be paid after they fully accepted everything and I had taken care of the little details that may have been left to the end. This way, either party could walk away without much of a loss at almost any time.
The second thing I use is specific contracts that specify what will be cdone in the scope of the project. If something is out of scope it is a separate contract or a change to the contract and we would negotiate the time and money involved. These contracts almost always have specific time tables for both sides to meet. They also include escape clauses where either side can cancel the contract with appropriate notice and payment. of the current milestone.
And the third thing I use is the phone, and often a shared web meeting. I can show samples of different options, they can show me samples of what they want to achieve. I take notes and I email those notes afterward to confirm what we really talked about. If I am ever in doubt about the project and what each side expects, I let the other side know and work it out.
And yes, I've been burned in both directions. Never badly, and almost always it came down to these two issues (once was outright fraud, but that's another story).
Remember, the customer is always right. And buyer beware...
Jeff