-
Got the corporate job, signed contract, deposit – now they’re changing everything????
I posted previously about this in Question re: corporate video/photomontage posted 7/29/06. I pitched for creating a high end corporate video/photomontage & got the job after sending out two proposals with “samples” of images – restored/edited photos, 3D images of possible Lightwave comps for the company’s logo, etc.
The company sent over a courier to my home studio today to deliver photos (prints + digital on CD) and a deposit for 50% of the job total – balance due on delivery of “preview” DVD. I wrote out a detailed contract that specifically stated the number of images used would be 130-135 total, that I would have artistic license to make decisions re: the final edit, and specified the length as 10 minutes total delivered on authored DVD. I plan on creating 3D scenes in Lightwave with the company’s “regular” logo, + their anniversary logo, animating images (Ken Burns effect) in After Effects & doing something slightly different with other images in Motion 2. The job will also include royalty free music, titles, sound fx, and graphics work.
I was out all day after their courier left & came back to find two e-mails with more images + the company’s revised version of what was to be included – 190 photos total and the company wants me to “stay within their budget”. What bugs me is my original proposal (that they rejected) was for 150 images and 10 more hours work than the proposal they accepted (130-135 images – & I knocked 10 hours off – I am billing based on estimated number of hours, giving them a “flat rate” for the job. I got the rate I originally set for myself by doing things that way (two proposals, & going higher on the first one).
I don’t get it – everything in the contract is spelled out – what they get, when – dates of delivery, how many photos, etc. – how do they expect me to “stay within their budget” and increase the number of images by 40%??
Insights as to what’s going on (after all, there IS a contract) and how to respond would be appreciated. My thoughts are they can have more images, but more work means I need to write an addendum to the contract and charge more. My other thought is, beyond 10 minutes of photomontage content, things are going to get real boring.
-
14 Replies
-
It’s real simple you only get what you pay for not more for less.
The contract spells out the exact requirements, conditions and deliverables so if there is no issue there reinstruct them that there will be additional fees for more work.
They want more you bill more simple as that period.
Do not proceed on working on this project for even a minute without resolving this major contractual problem.
If the do not agree Fire them NOW!!!
Tony Salgado
-
Agreed. You met with them, decided on the parameters of the project, bid for the job according to that and an agreement was made, in writing, and I assume signed by both parties. If they wanted to change it, that was the time to do it, especially since adequate time was given for both parties to consider the scope of the project. Anything that deviates from your signed contract is a break in the contract, requiring a new contract with new rates and expectations to be drawn up. If you continue with the original contract without addressing this issue you will have a huge fight on your hands and likely never be paid the second half of your payment. Time to renegotiate EVERYTHING.
Good luck. I remember your original post about this and it sounds like you’re working with potential grinders. So heed Tony’s advice and if this isn’t solved run away from it.
Mike.
-
Just a simple thought, which I feel is necessary even though I basically support what Tony and Promoboy have said.
All to often corporations speak to the outside, vendor world with multiple voices while failing to have any form of communication internally. It can be hard for us to relate to this because as relatively small companies / individuals we speak to them with a single voice based on a unified consensus. We therefore assume that XYZ Company does also. This can be a huge mistake.
If this is the same individual who agreed to one set of parameters and is now changing them, then you have at worst a grinder or at best someone who simply hasn
-
The company is clearly wanting a Lexus for the price of a Yugo. They ordered a Yugo and now they want to take the Lexus off the lot? No way. Hold your ground. Don’t cave in. As Nick asserts, do not be arrogant, be as meek as you can but if you can treat it as if you are willing to walk away and mean it, you will likely win the day.
In any negotiation, the only way the other guy has power is if they have something you want. If you can communicate respectfully that “Unfortunately, this is well above what we agreed to in our agreement and I have cut my offer as lean as I possibly can,” then you can successfully communicate that they no longer have anything you want. This takes away their power. Some people call it “The Take Away Close.” It works. Use it respectfully and softly. It can also work when necessary to apply 20,000 volts — it’s shocking! I have had to use it that way a time or two in my career. But that is far more rare. If you ever find yourself in a situation wherein you have to use the 20,000 volt version, remember to get the floor nice and wet first. It’s so much more shocking when the guy’s standing in water. ;o)
But again, the 20K side is the rare exception, meekness and graciousness often work far faster and easier and make for a better “general rule.”
Best regards,
Ron Lindeboom
-
Thanks to all for your replies. I have been communicating with one individual in negotiating; the local branch manager/senior vice president. I will take my time and re-read all these replies thoroughly before responding.
Bill K
-
Bill,
Avoid the emotions – this is business. Its clear that you want the job and that you, like everyone else in this business, are afraid that you may lose it if you offend the client by discussing money. Don’t let yourself fall into that trap. Just call your contact and explain that the budget will need to be expanded because the job has been expanded. Its that simple. If they are concerned about going over the original budget, then explain that they should consider scaling the project back to its original scope. We all need work and no one wants to lose it, but you can’t let fear motivate you.
DRW
-
As has been stated, the contract is fact…
I would echo the recommendation to keep emotion out of this completely. It can feel like it’s some sort of underhanded plot when you’re working by yourself and the client is a much bigger company, but I agree with Nick’s take on this…you would hate to blow your top and jinx the entire project if the situation turns out to be some sort of simple misunderstanding…
“I want to clarify which images you want me to use”…or “Which images do these latest ones replace?” are great, innocent ways to open the conversation. You’re not yelling at them, you’re taking the opportunity to clarify what they are actually asking for…
Remember that most clients (even supposedly savvy ones) have no clue what implications their actions have on these types of projects.
It’s not an emotional thing…the contract is for 135 images and you now have 190…”Which 135 did you want me to use?”….
TimK,
Kolb Productions,
Creative Cow Host,
Author/Trainer
http://www.focalpress.com
http://www.classondemand.net -
This is why I love being only an editor and not an editor/producer.
I get to “whine” all I want to the producer, and then she or he is the one that usually has to take it all back to the client and sort it out. We hash it all out like you all are doing here, and then someone else makes the contact with the client. Most of my producers are really skilled at it. It is a great skill that occasionally I wish I had.
All of the advice so far is all great insight for those who don’t have the luxury of having someone else on the same team deal with the budget!
debe
-
The first e-mail I got from the company’s vice president after receiving the deposit check (got the signed contract the day before and reminded them I needed a deposit to start work – per the contract) read: “…I estimate we will be providing you about 190 pictures to include. This is more than what we originally thought
-
I think you’re headed in the right direction.
All of us have been there when a job we did as a favor sets up a rather bad pricing precedent.
Hold your ground…or they’ll keep on bringing more work for less pay.
TimK,
Kolb Productions,
Creative Cow Host,
Author/Trainer
http://www.focalpress.com
http://www.classondemand.net
Reply to this Discussion! Login or Sign Up