Getting results out of an independent contractor

kedinik

I contracted a musician to provide the score to a small game I'm working on.

The man's an old friend and the contract was very informal, both mistakes.

He's behind schedule on delivering the first set of assets and unresponsive to my brief, polite query. I don't know how to handle this.

I don't want to harass him into resenting me and quitting, but I want to motivate him to put some effort into this work. It seems a difficult balance to strike and I don't know how to proceed.

Advice, please!

KidDynamite

Have you paid him yet? That would be the first thing to bring up. "Hey man, I'm now behind schedule on xyz, and if I can't get them within abc, I'm gonna have to find someone else"

If he hasn't been paid, then try to find someone else that isn't a friend.

kedinik

Paid him up front, more to be paid at completion of the project.

amateurhour

I'd give him a deadline and if he doesn't make it, hire someone else. Also make sure if possible to get all original recording he's done or any notes he's written at this point in case you want to give them to the next guy or girl who does your music.

Don't forget that unless you offered him a partnership you own any music he's written for the project.

kedinik

I offered him payment up front, payment at completion, and 20% of profits less the initial payments if he saw the contract through to completion.

Seems a bit legally murky w.r.t. asking for his work when I fire him. Assuming he has done any work.

Iceman.USAF

kedinik wrote: »

I offered him payment up front, payment at completion, and 20% of profits less the initial payments if he saw the contract through to completion.

Seems a bit legally murky w.r.t. asking for his work when I fire him. Assuming he has done any work.

Not at all. You've paid him to work on a project, you are simply taking possession of what is due to you. Happens all the time in engineering/architectural firms. Contracts get terminated and the firm gives the client whatever they had at a given percent (35, 65, 95% design/submittal, etc).

kedinik

Fair enough, thank you all for the advice.

Brings one more question to mind.

Let's say he has done literally nothing. Would it be appropriate to ask for the cash advance back?

Iceman.USAF

I would say so. That's me, I've honestly not had that situation happen professionally. Personally I'd want the cash back.

MichaelLC

Consider it a tax on not getting a formal contract written, an be glad it wasn't the whole sum.

Like, how many times have you contacted him? Were there any dates set and agreed to by both parties?

I understand it's an artistic thing and maybe he's just not feeling it, but he owes you an explanation or your money back.

kedinik

We've emailed back and forth half a dozen times.

He mentioned unexpected medical issues and the inability to access his office, so we agreed to push the deadline back until "early october" for delivery of first set of songs.

As far as I know he has been back in the office for 2 weeks now, but he hasn't responded to the email I sent him 4 days ago.

Currently planning to give it another day and then send him a deadline.

Definitely going to vet contractors and write contracts more carefully in the future.

oldsak

kedinik wrote: »

Fair enough, thank you all for the advice.

Brings one more question to mind.

Let's say he has done literally nothing. Would it be appropriate to ask for the cash advance back?

Yes, if he does not complete his end of the bargain you are entitled to a refund of your payment.

kedinik

Thank you all for the advice, I sent him a deadline and received a positive response 3 minutes later. Fingers crossed.