Contracts

Alright, so I had a question about contracts.... Here's the scenario:

I posted a job posting for a writer to write 2 pages for me
- 1st page was a company profile (4 paragraphs - give or take).
- 2nd page was to turn 10 bullet points into 10 sentences

I mentioned if the project was completed within 24 hours from project being approved and posted, they would receive $125, otherwise they would receive $75 if by Friday. The job was posted at roughly 6:00 PM EST 9/25/07.
I mentioned they would be paid after project is completed and approved.
And I said if they have any questions about the company prior to writing, to send me a list and I would get them answered.

Now... I agreed on a writer, and she sent me the 10 bullet points as sentences, but she only sent me 2 paragraphs. Which was less than what I had specified. I did say give or take, but I was thinking maybe 3 or 5 (in otherwords give or take 1).

Because it was only 2 paragraphs, to me, this project wasn't complete... then she started giving me some BS about openoffice's formatting being all messed up (even though she sent me another copy anyways with a 3rd paragraph).

Also, this was complete crap... nothing really worthwhile within it, and she still expects $125. The 2nd revised copy was sent to me after the deadline of 6:00PM EST, so if anything, she'll receive the $75.

She's saying that because she did send me a copy even though it wasn't complete, that I still need to pay her $125. We've been arguing back and forth through email only, and she just sent me a paypal request for $125, which I cancelled.
I just don't think it's write for someone to expect full payment for something that wasn't complete and for a deadline that wasn't met.

Just wondering what your thoughts on this situation are...

Thanks

I think you should try to find a comfort zone and try to solve it (for example negotiate for $100 instead of $125), as in future you may need her help again to write another article, also setting a time for 24 hours seems very hard and fast since it is hard to get work done on such deadline when people are working in different time zone.

And how is this about contracts? You didn't really have one! You had some vague statements (give or take).

The question is: although it was incomplete, how much complete was it? Define a percentage and offer it to her in exchange for the rights to the writing she sent you (she still DOES own the copyrights until you have something in writing that she assigns those rights to you).

If she balks, tell her the alternative is nothing and you will return her document to her and she can try to sell it elsewhere.

Yes, I agree.

The bottom line is that the deadline wasn't met.

She attempted to revise afterwards which implies incompletion.

I mean, especially if you have solid record of her stating that the first copy was incomplete.

In the future I would nail down requirements.

If it is a matter where you are willing to give creative license on the number of paragraphs to the copy writer, you need to specify the range acceptable, and maybe go so far as to state that any number of paragraphs that are not the recommended number (4, in this case) will be pending approval and may require a revision on the part of the purchaser (i.e., you) per your discretion with extensions to the deadline because of such also at your discretion.

You should be specific in your requirements to avoid things like this.

The more detailed of your conditions they agree to up front, the less room they have to argue if they fail to meet such.

Irregardless, it SOUNDS like she did not meet your conditions and that you might be exempt from being forced to purchase the work.

But as has been mentioned, you can't use it if you don't get her permission to do so.