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Comment by dspillett | Hacker News Reader

> Horror stories like this are the main reason I only ever bill by the hour and invoice biweekly.

This sort of thing is why I've always kept a salaried position. I could make more, perhaps have more varied & interesting work, and maybe gain other flexibility, if I switched to contracting, but few people extolling these benefits to me ever mention the flip side when things aren't perfect – I'm more than happy to make less to avoid all that.

From the article:

> The contract never showed up.

> but if I needed more time, they would be happy to amend the contract later

No contract, no work. Work starts late because of no fault of mine, including late/no contract? Delivery is likely delayed. Want me to accept an assurance: put it in the contract or otherwise in indisputable writing now. This probably marks me as someone unsuited for contract work, or too difficult to work with as a contractor, ete, and that is fine by me!

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> This probably marks me as someone unsuited for contract work, or too difficult to work with as a contractor, ete, and that is fine by me!

This actually makes you an ideal contractor, you just have to know how to do this tactfully.

The real issue with this situation is working as a contractor on a single project. At the point you're working for one client, full time, as a contractor...you're an employee.

If you've got no other clients, you have no ability to negotiate with the simple statement, "I have other clients I have to tend to and can't dedicate time to this work until the contract is addressed. Let me know when you're ready to resume."

> The real issue with this situation is working as a contractor on a single project. At the point you're working for one client, full time, as a contractor...you're an employee.

I disagree. I currently work as a contractor for one company more or less fully time. Because I'm a contractor, not an employee, I get to choose my hardware and OS, my own hours, I can take vacation when I want and most importantly, the employer can't force me to work in office.

Contract renewal is coming up soon, my rate is going up, and if they don't agree to it I'll just leave (if anyone needs a senior Java dev, email in bio :)).

> If you've got no other clients, you have no ability to negotiate with the simple statement

You don't need to negotiate, you need to assert you wont do free work and then don't do it.

I suppose I should have said, “You have to be able to walk away.”

For some people, that will mean multiple clients. For others, it might just be self confidence or good savings.

> Work starts late because of no fault of mine

Yes, but apparently in Mick's case your name is on the product, and your reputation gets ruined if you don't play ball. A big software company can pay lawyers much longer than you can keep food on the table without pay.

Even good lawyers would have trouble bending the obvious. He had no contract to produce the OST (first) and he could have publicly claimed, that he only produced the game music and was not involved in that final mix of the OST.

His name was there without permission effectively, due to the lack of contract, so I doubt they'd try to fight that way. They have the big team but the opposition has an open&shut case, not worth the cost and the risk of subsequent action for wrongful use of the name. They might threaten of course, so he'd still need nerves. Again, reasons why I've always stayed away from contracting!

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