Question to pro web designers/programmers

[Aniej]

I am loosely involved with a project that is in alpha phase and was reviewing some of the terms and conditions of an agreement with a designer programmer and something struck me as odd from a legal standpoint, but I was not sure about it from a programming industry standpoint. Please let me know if this is common, if it is reasonable to negotiate over, and if there are alternatives you would suggest.

The condition relates to the cost and transfer of work completed. The conditions I could use your input on are as follows:

-The programmer is requesting 50% payment upfront, that seem quite high to me.

-Transfer of source code and design artwork and graphics only at project completion, which is part 4 of 4, yet parts 1-3, which cover the three items I just listed, will represent 85% of the costs. The point I am trying to make is that there is a situation whereby we pay for 85% of the work, like that aspect and then get to the last phase, part 4, and don't like how that part goes and we are out of pocket 85% of the total project cost with zero product.

Thanks I really appreciate your input.

 

[MagicUK]

Not unusual for them to try this approach. I would certainly say its open to negotiation and if they are unwilling to move on it I would look for somebody else.

 

[Aniej]

ok, well that wasn't all that specific, but I appreciate your willingness to comment nonetheless. Anybody else who is part of this field have some thoughts?

 

[nightelf]

Hello, I think is common 50/50. I know a person that charges one third when signing, other third when delivering and the rest 30 days after everything is working.

 

[CanadaRAM]

50% to start is pretty normal.
As for code released only on completion -- The source code is the only collateral the programmer has for the time they have put in, they would be crazy to turn it over before 100% payment has been received.

If you don't like the look of the work (or change your mind) when it is 85% done, then there is something seriously wrong with your process. Phase 1 and 2 and 3 should not be complete without approval and signoffs of the draft work in progress.

(If the final code doesn't match the approved drafts, or is non-functional, that is a different situation altogether.)

Yes, if the client approves all work to the 85% point, then changes their mind and asks for it to be all redone, then the designer/programmer can walk and keep the 85%. That is why you must get approvals from all of the key players at each milestone point, before the next phase starts.

And you HAVE to do the analysis and functional design up front before any code gets written. You should be able to write out in English what every business function does (with defining formulae) and flow chart the user paths through the site -- before you start coding.