Interesting thread. We always include an "Assumptions" section in all our project proposals. One of the assumptions is always:
Quote:
Freeform Solutions assumes that this proposal describes the entire extent of work to be completed as part of this project. If other work is required beyond what is described here, or if there are additional aspects to the work described here, that will be treated as an addition to the project and will possibly result in extra costs. Freeform Solutions and [client] may negotiate any such changes as they may arise from time to time.
It is also important to make sure the client has legal permission to use all text and images they are using in the site (they can simply stipulate this by including a line in the signed contract that says they have such rights).
It is also important to make sure the client idemnifies you from all claims that may arise from the operations of the site, etc, etc. Talk to your lawyer for indemnification wording that is right for your situation.
We write proposals for all projects, so the scope of work and expectations of all parties are down in writing before work begins. Sometimes we do several versions of the proposal before commencing work. If the client doesn't have their act together enough to know exactly what they want, or at least know it well enough to write a detailed proposal and project plan, then you walk away, no matter how tempting the project may be. It will blow up on you if there's not a clear plan.
Once a proposal has been agreed to by all, then a work order is signed that references the proposal ("This workorder covers the work outlined in proposal X. For details on the work to be completed, refer to the proposal document."). The work order always includes the legal names and addresses of the parties, and says at the bottom that "the undersigned have the authority to bind the corporation" since you don't want some junior nobody actually signing something that they don't really have the right to sign. That would be a problem if things blow up.
If you're dealing with individuals, then the binding the corporation thing is not necessary obviously.
Hopefully, doing all this helps your clients understand what they're getting into and what they are going to get in the end, so everyone is happy. But despite all this, projects can blow up. All the preparation and clarity in the world will not help when a client just decides that they don't want to pay. This preparation and clarity is really only of use when you then proceed to the legal system for redress. Then it can definitely help.
Last thing...if you plan out a project, and everyone signs off on it. Stick to the plan! Clients can sometimes change their minds about things and decide priorities have changed, or whatever, and they now want something different from what you signed off on. Or they want it on a different timeframe. That's when you've got to put the brakes on and refer back to the original proposal and the Assumptions in it!
Good luck one and all, it's a jungle out there.
--Julian