Mobile menu

Outsourcer had cancelled the project
Thread poster: xxxBrandis
xxxBrandis
Local time: 12:47
English to German
+ ...
Sep 20, 2006

Hello all!
as it was already finished till a tune of 60%, there was a PO stating the time frame, payment model etc., Now he wants a test be done that can be approved by his client. What to do? A british honourable agency apparently. Why did they not think of this prior to beginning and the PO part. Best Brandis


Direct link Reply with quote
 

Trevor Butcher
Local time: 12:47
English
Do you want the work? Sep 20, 2006

If you want the work, you will do the test.

If you decide you do not want the work, then you will not bother to do the test.

Business is all about risk and requirements (and who you know). I cannot really see a problem.

Um, I hope that was not a slight that I detect in your post, I know that it can be very frustrating when things get bumpy, but...

Trevor


Direct link Reply with quote
 

PCovs
Denmark
Local time: 12:47
Member (2003)
English to Danish
+ ...
Send them what you've got and ask for payment Sep 20, 2006

As they have given you a PO and everything, you should at least be entitled to get paid for the part already done.

And then they might as well use this part as a test, so that you will not have to do even more work.


Direct link Reply with quote
 
Ford Prefect  Identity Verified
Burkina Faso
Local time: 11:47
German to English
+ ...
... Sep 20, 2006

If you have a PO, you can demand payment in full provided you have no other contract with them which stipulates otherwise. The courts will enforce that if necessary. It actually helps that they've cancelled the job since performance of the contract by you is no longer at issue.

Whether you insist on full payment depends on whether you want to/will be able to work for this agency in future. If you think they're deadbeats, screw'em, if they are regular, trustworthy customers, then it's best to be a little more understanding.


Direct link Reply with quote
 

sylvie malich
Germany
Local time: 12:47
German to English
Something fishy here... Sep 20, 2006

Brandis wrote:

Hello all!
as it was already finished till a tune of 60%, there was a PO stating the time frame, payment model etc., Now he wants a test be done that can be approved by his client. What to do? A british honourable agency apparently. Why did they not think of this prior to beginning and the PO part. Best Brandis


Why on earth do you think they want you to do a test now? What was their reasoning? How has the contact been? How many days have you been working on this job? Have you already given them a partial delivery and do they *now* want to get you to do a test translation?
Perhaps they mixed you up with some other translator?

syl


Direct link Reply with quote
 

Gillian Scheibelein  Identity Verified
Germany
Local time: 12:47
Member (2003)
German to English
+ ...
. Sep 20, 2006

Hi Brandis,
your post is not quite clear - has the outsourcer actually cancelled the whole project or does he just want a test translation? It is very unusual to suddenly demand a test after issuing a PO. This seems to be poor coordination between the outsourcer and the client. If so, that is not your problem. Have you worked for this outsourcer before?

Cheers,
Jill


Direct link Reply with quote
 
xxxBrandis
Local time: 12:47
English to German
+ ...
TOPIC STARTER
Sorry the testing comes first if at all Sep 20, 2006

Trevor Butcher wrote:

If you want the work, you will do the test.

If you decide you do not want the work, then you will not bother to do the test.

Business is all about risk and requirements (and who you know). I cannot really see a problem.

Um, I hope that was not a slight that I detect in your post, I know that it can be very frustrating when things get bumpy, but...

Trevor
Hi! the story is like this. The outsourcer has been contacting me over 2 and half months regularly now, wanting to know my references. I had to rejct due to strict and internationally applicable NDA, project information can be given in parts, but not the persons and the contact details. Now finally he had decided to come with a project with a start of about 7000 words run-time 3 days, that was not the problem, but the price that had started at €0.045 and finally went to GBP 0.07 per source word, target being German. I sat two days and nights and finished about 60%, suddeenly I get the mail that I have to do a test, without which the project is no more valid, in the mean time there was an official PO. Now that annoys me, first of all they pestered me regarding refences, secondly didnot do any testing, thirdly withdrawing the project: i still demand full payment + 30% surcharge, because I had to reject two other projects that could have fetched better and serious money. Would you be any different in such circumstances? I wanted to find a consesnus when I turn to the community. Best Brandis

[Edited at 2006-09-20 18:59]


Direct link Reply with quote
 
xxxBrandis
Local time: 12:47
English to German
+ ...
TOPIC STARTER
you are very right Sep 20, 2006

[quote]Screaming Lord Sutch wrote:

If you have a PO, you can demand payment in full provided you have no other contract with them which stipulates otherwise. The courts will enforce that if necessary. It actually helps that they've cancelled the job since performance of the contract by you is no longer at issue.

Whether you insist on full payment depends on whether you want to/will be able to work for this agency in future. If you think they're deadbeats, screw'em, if they are regular, trustworthy customers, then it's best to be a little more understanding.


Direct link Reply with quote
 
xxxBrandis
Local time: 12:47
English to German
+ ...
TOPIC STARTER
I haven´t worked for this outsourcer before Sep 20, 2006

Gillian Scheibelein wrote:

Hi Brandis,
your post is not quite clear - has the outsourcer actually cancelled the whole project or does he just want a test translation? It is very unusual to suddenly demand a test after issuing a PO. This seems to be poor coordination between the outsourcer and the client. If so, that is not your problem. Have you worked for this outsourcer before?

Cheers,
Jill
Hello Gill, if it were a test translation at the beginning as a matter of selection process ,given time parameters I would not have minded much. Now after all the time the outsourcer comes back, when about 60% of the work is completed and the whole project is due in 2 days fully transproofed, with a selection process via a test. I must say he is nuts. But this outsoucer enjoys a strong status on the market. I do not know how to behave myslef. do the test aswell in the middle of the translation project, that would be a shame. Forget the PO and all the correspondence over 2 and a half months. I am speechless, because the work was not easy and it is not cheap either. Best Brandis


Direct link Reply with quote
 
xxxBrandis
Local time: 12:47
English to German
+ ...
TOPIC STARTER
I wish this were true Sep 20, 2006

sylvie malich wrote:

Brandis wrote:

Hello all!
as it was already finished till a tune of 60%, there was a PO stating the time frame, payment model etc., Now he wants a test be done that can be approved by his client. What to do? A british honourable agency apparently. Why did they not think of this prior to beginning and the PO part. Best Brandis


Why on earth do you think they want you to do a test now? What was their reasoning? How has the contact been? How many days have you been working on this job? Have you already given them a partial delivery and do they *now* want to get you to do a test translation?
Perhaps they mixed you up with some other translator?

syl
"Perhaps they mixed you up with some other translator?
"why else would they send cancelllation mails that stipulate a testing process in the middle of a transltion project. Best Brandis


Direct link Reply with quote
 

Krys Williams  Identity Verified
United Kingdom
Local time: 11:47
Member (2003)
Polish to English
+ ...
I am shocked Sep 23, 2006

Brandis, I find it unbelievable that they are asking for a test translation now. In my view, the PO plus whatever arrangements you made by phone or email already amount to a legally valid contract between you and the agency. In your place I would refuse to do the test translation, complete the work and insist on being paid for the job. If the agency refused I would take legal proceedings. Since they are in the UK, I assume you can use the small claims procedure, which applies for sums up to £5000.
There is information about it here:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
There even appears to be an online way to do this:
https://www.moneyclaim.gov.uk/csmco2/index.jsp

Test translations are one of my main bugbears. I refuse to do them now, because they take time away from work that pays. The only exceptions I make are in the case of well established clients with whom I have built up a good relationship. In fact, when I recently did a test for my most preferred agency, they said straight away that they would pay me for it regardless of whether or not they got the contract (not surprisingly, I always keep some spare capacity for these people no matter how busy I might be, because they treat me fairly and so I will go the extra mile for them).

Best of luck, and stick to your guns!


Direct link Reply with quote
 
Mireille K  Identity Verified
United States
Local time: 07:47
French to English
+ ...
Same thing here Sep 24, 2006

Hello,

I had a similar thing happen to me.
I was given a PO and a timeframe to finish the work. I started working, finished one of the documents, refused jobs, the next day, get an e-mail saying the end client cancelled and wants to do it himself.
The outsourcer asked how far along am I in the translation, I sent an e-mail telling her I am done with one of the documents. Haven't heard from her since, not even the courtesy of an apology. My attitude is: It is a learning experience, I am not wasting my energy on trying to get payment on this, worked out well, because I relaxed all day and did some housekeeping and the next morning my mailbox had two other interesting jobs from different client.
So there!
M


Direct link Reply with quote
 
xxxAdrian MM.
Local time: 12:47
French to English
+ ...
Breach of contract Sep 24, 2006

Let's assume this scenario is governed by Eng. and not German law.

Imposing a testpiece at this stage is an extra contractual requirement you need not agree to.

Indeed, you are allowed to claim not only on the basis of the contract order form, but also on a quantum meruit (what he deserved) and quantum valebat (what the job was worth).

Some readers may now be surprised at the following suggestion. You can disregard the countermand, finish off the project and claim 100% payment. But it is best to seek advice from a UK Solicitor first and consider whether the trouble and amount involved are worth it:

The rule in McGregor’s Case. White and Carter (Councils) Ltd. v. McGregor, (1961 HL) (). White and Carter have a contract with municipalities to supply litter bins and attach ads to the bins. They enter into a three year contract with McGregor to advertise his service station on the bins.
The contract expired and it is renewed by McGregor’s sales manager. This was done in error and the next day McGregor calls to cancels the renewal. White and Carter ignore McGregor’s cancellation, proceed to perform contract, claim and are awarded payment: www.law.uvic.ca/hraven/108/documents/
SummaryofMitigationPrinciples.doc

McGregor is a controversial case and has never been followed, but it is House of Lords and has never been overturned either.


[Edited at 2006-09-24 20:48]

[Edited at 2006-09-24 20:48]

[Edited at 2006-09-24 20:48]

[Edited at 2006-09-24 20:50]


Direct link Reply with quote
 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

Outsourcer had cancelled the project

Advanced search


Translation news





PerfectIt consistency checker
Faster Checking, Greater Accuracy

PerfectIt helps deliver error-free documents. It improves consistency, ensures quality and helps to enforce style guides. It’s a powerful tool for pro users, and comes with the assurance of a 30-day money back guarantee.

More info »
SDL MultiTerm 2017
Guarantee a unified, consistent and high-quality translation with terminology software by the industry leaders.

SDL MultiTerm 2017 allows translators to create one central location to store and manage multilingual terminology, and with SDL MultiTerm Extract 2017 you can automatically create term lists from your existing documentation to save time.

More info »



All of ProZ.com
  • All of ProZ.com
  • Term search
  • Jobs