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Ivan Trofimov2011-06-05 11:03:24
Fintech
Ivan Trofimov, 2011-06-05 11:03:24

Habrahabr, judge who is right, who is wrong

Dear habra community, judge who is right and who is wrong.
I have an unusual situation. I found a client to develop a website. The project was not easy, so I found myself a project manager who undertook to lead the project for a percentage of the deal.

The customer made an advance payment of 100%. I started to make a project, but during the development there were technical difficulties, for the solution of which it was necessary to spend money. Because the customer has already paid the amount of money, part of the funds went to eliminate technical problems (the project manager allocated this amount to me before the project was delivered). When the technical issues were resolved, the deadlines for the delivery of the project were already creeping up and I did not fit into the plan. By the date of the project's completion, about half of the entire project had been completed.

Project handover day


A call from the project manager. He tells me that I am suspended from development, we are ending our cooperation and he will finish the site (supposedly after talking with the customer). The next day, another call, I was required to return most of the amount of money (namely 75%), which was spent on solving technical problems. They tell me that the money must be returned allegedly because the project manager will independently complete the site (perform for me the unfinished work). He also told me that the amount of money was returned to the customer for the delay. In general, they began to demand exactly the same amount of money from me, which they allegedly returned to the customer.
I agreed to these terms because mine was a misdemeanor and the person for me must complete the work. And the work must be paid. We agreed on a certain date when I should return the money to him.

Money Back Day


We agreed that my project manager should finish the project for me. I have a sum in my pocket that I have to pay today. I go to the site, see how the work on it went during my absence and see that nothing has been done . This situation alerted me, it seems like what I should pay for, when the work was standing in one place and it is worth it.
As you remember, at the beginning I wrote that I brought the customer. Accordingly, I called him and found out how things were going with his site. He was furious and was completely dissatisfied with the work done. I told him the whole situation, as a result, he was shocked. He told me that the deadlines did not bother him at all and no money was returned to him.
This alarmed me even more, I called the project manager and told him the news that he had not returned any money to the customer. He denied for a long time, saying that I had false information, but in the end he had to believe it.
After this conversation, threats rained down.

Question to the community


Who is right in this situation, who is wrong? I did not return the money to the project manager, which was supposedly returned to the customer from the prepayment (in fact, this was not). Am I being fair to the project manager?

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6 answer(s)
A
Arthur Koch, 2011-06-05
@dudeonthehorse

Too many “agreed”, but not a single one “concluded an agreement”, too many “were transferred”, but not a single one “there is a copy of the payment document”.
By subject: if the leader is really an asshole, you acted fairly, but initially you did not play it safe, and this is your cant.

C
cachealot, 2011-06-05
@cachealot

1. Finish the project, hand it over directly to the customer.
2. They delayed the deadlines - offer the customer to make certain functionality as a bonus. (the main thing is to look at things realistically - try to multiply all the terms by 2, or at least by 1.5, and try not to let the customer down next time)
Negotiate with the customer - which part of the project is the most significant for him, what needs to be launched in the very first place , and with what is not very important for him, or is not necessary at all.
3. If you bend like this under each leader and take everyone’s word, my advice to you is to go work somewhere for a company in an office. Unfortunately, a fairly large percentage of unscrupulous partners, employees and customers.
4. Yes, and you yourself write any work should be paid, including yours, do not forget about it.
wish you all the best

S
sn4ke, 2011-06-05
@sn4ke

this will probably be a little late and a little offtopic, but
Everybody lies © Gregory House

S
Sergey, 2011-06-05
@bondbig

It is also complacent, in my opinion, and not only fair.

A
Alexander, 2011-06-05
@Alexx_ps

And where did you even get this leader? On the same freelance?)

V
Vladimir Chernyshev, 2011-06-05
@VolCh

> told him the news that he did not return any money to the customer. but in the end he had to believe it.
I smiled :)
And so, if I understood correctly, you completed half the project, having received and spent some amount on technical problems (say, you purchased an engine, or a closed library, or paid for a competent server setup) in agreement with the project manager, missed the deadlines and now 75% of this amount is required from you, although the problem has been resolved and the manager knows about it.
If you (it was you and him that he and the customer decided it doesn’t concern you) didn’t fit in with the manager for a penalty for missing deadlines (at least in words), then you don’t owe anyone. In the worst (for you) case, you don't owe a job.
And the manager's demand to return the money under false pretenses smacks of Article 159 of the Criminal Code of the Russian Federation - “Fraud”.
BUT

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