Re: *** ADMIN: Consultants forum? -- MIDRANGE-L

Bob,

You are correct in that are are remedies, by state, that may apply.

If this forum is to continue, a copy of the Uniform Commercial Code will
be the point of RTFM!

As participants, we can not provide legal advice.  We are not lawyers. 
Well, any members on this list that have passed the bar, please raise
your hand.

BTW, to place a "mechanics lien" on a company's computer system could
expose you to counter suit for disruption of business.  Including cost
of operations and lost profits.  "Mechanics lien", in some states, is a
consumer law, not commercial law.

You want legal advice? Go to a lawyer.
You want accounting advice? Go to an accountant.
You want AS/400 advice. Stay tuned to this channel! <g>


Bob Larkin wrote:
> 
> It is quite possible that you could place a "mechanics" lien on their computer
> under the "mechanics law" in your state. It is a unique way of handling the
> problem, but a lawyer could advise.
> 
> I would send a registered letter to the manager explaining that the rate is 
>not
> negotiable, and that payment in full was expected within a reasonable (14 
>days)
> time. If there was no response, i would send a demand payment letter 
>requesting
> payment in full, with additional verbiage explaining that any expenditure for
> collections would be added to the tab.  This letter would go registered with
> copies to the Managers direct report, the legal department, and an executive,
> preferably the president.
> 
> In my case, I have a law firm as a client, as well as several acquantinces 
>that
> are lawyers. Although I have used legal advice when drawing up contracts, I 
>have
> not been really "stiffed" yet.
> I had one client that claimed that a simple report program was crashing his
> printers. After about 8 hours of attempting to duplicate the problem, I asked
> that the next time it happened, they save the spool file before they restarted
> the printer. They wouldn't do it. This printer printed a lot of "graphical" 
>data
> from Xpoint forms program, and the failure was in an IBM module. A clearly
> APARable situation, but they would not even talk to IBM, even though they had
> support.  I simply quit spending time on  the problem, and didn't bill for the
> time.
> Bob.
> 
> boothm@earth.goddard.edu wrote:
> 
> > I agree that there is need for a forum for discussions.
> >
> > I just had a situation where I found a COBOL guy to help an organization
> > that was in trouble and had given up entirely on ever finishing the
> > project, let alone finishing it on deadline.  We finished the project with
> > nearly a half day to spare and sent an invoice and heard nothing.  One
> > phone call to follow up was all that was needed to realize that we weren't
> > supposed to be successful with the project; we'd been hired to fail and
> > prove the need for big-budget changes in the affected department. (That is
> > a conclusion I drew, not provable anywhere).  As a result the department
> > manager discounted our invoice by 2/3rds.
> >
> > So, has anyone had this sort of thing happen?  What do you do?  Are
> > lawyers worth the trouble?
> >
> > I wish there was a forum where a discussion of this topic would be
> > on-topic.
> >
> > _______________________
> > Booth Martin
> > boothm@earth.goddard.edu
> > http://www.spy.net/~booth
> > _______________________
> >
> > Mark Lazarus <mlazarus@ttec.com>
> > Sent by: owner-midrange-l@midrange.com
> > 11/20/1999 05:12 PM
> > Please respond to MIDRANGE-L
> >
> >
> >         To:     MIDRANGE-L@midrange.com
> >         cc:
> >         Subject:        Re: *** ADMIN: Consultants forum?
> >
> > Larry, James, et al,
> >
> > At 12:00 AM 11/14/99 -0500, you wrote:
> > >I too am one of us and find myself agreeing with James.  We certainly
> > wouldn't be
> > >looking for clients there because, well, their wouldn't be any!  I just
> > can't
> > >imagine what we would 'talk' about that can't be covered here on
> > Midrange-L.
> >
> > >> IMHO, as a consultant, I'm hard pressed to find value in such a list.
> >
> > >> Now I could be very wrong, but I imagine the first round of postings
> > >> would be a series of chest pounding to gain position by bragging
> > >> rights.  After that, no one would divulge their perceived competitive
> > >> edge.
> >
> >  Here's my opinion on this.  I think that it can be a useful forum.  This
> > would be especially true for the little guy (i.e. a 1 man consulting
> > shop.)
> >
> >  Some possible topics:
> >
> > - Subcontracting
> > - Rates for a service for a particular area
> > - Contract samples
> >
> >  IMHO, it should be allowed to post opportunities and consultants seeking
> > work.
> >
> >  -mark
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