Informal arrangements based on trust often don’t deal with key issues. In my experience, people may start off with good feelings, but this doesn’t mean they will be able to navigate bumps with a smile. The reality is that when the unexpected happens, perceptions of and perspectives on what is fair and reasonable can be utterly mismatched.
Let’s look at a typical example – commissioning a website designer. All too often, work is carried out on the basis of an invoice for half of the payment upfront, which more database may have some outline of website specifications attached. What could go wrong? I’ve heard so many friends, clients and colleagues complain that their website is taking forever – why didn’t the designer say he/she was overcommitted / going on holiday / having personal problems? At the same time, website designers become frustrated at clients being too slow in providing essential feedback or information and too quick off the mark in asking for sneaky extras which all add up.
Specifying the delivery date, timescales for giving feedback and what happens where changes are requested could all have been discussed upfront, when everyone was on friendly terms. That’s the best time to set clear boundaries and expectations. Not doing so means everyone grumbles about what they think is ‘fair’ or ‘reasonable’ and may be bitterly adamant about what the other person should do. They may or may not be able to resolve it. Even though they started out with the flavour of trust, these hazy relationships can end up turning sour.
The Opportunity in a Written Contract and DIY Solutions
A written contract presents an opportunity to discuss, agree and set out agreed terms. Having this drawn up by a lawyer is best, and with complex areas such as employment contracts or financing arrangements, you should always refer to an expert.
However, there may be times where you are entering into a simpler relationship, you may be providing your services at a modest value, or you may be developing and testing something new; and even though you are aware that having a professionally written contract would be wise, you are simply not geared up to obtain professional help. Here, at the very least, you should ensure that you discuss the key issues and keep a clear written record of what you have agreed as a simple DIY contract.