Tuesday, April 19, 2011

Dragos/Nashoba arbitration summary

Summary of CellarTraks II Arbitration

This project was brought into arbitration by the employer, Nashoba, as a contract dispute in a pre-deadline situation. The employer stated "My worker, dragostanasie, and I are in conflict over payment as the project is almost done but he will not transfer the code to my server without me releasing 75% of the funds." In Arbitration Response Id: 1,518,091, Dragos confirmed that the work uploaded to vworker meets the project requirements 100%. However, the work had not been installed on the employer's environment as required by the project summary and had not been tested. There was still time to complete the work and the goal of the arbitration was to determine the remaining work to be completed, set a new deadline, and then the worker would be given the opportunity to complete the work.

Dragos was informed that he could not ask for an advance payment before work was complete. Both parties agreed that this was a pre-deadline situation. During the course of the arbitration there were issues regarding where the database should be installed in order to do testing.

Rafeek setup a phone call between all three parties in order to get the project on track. In the discussion (summary is available in Arbitration Response Id: 1,541,457) the parties agreed to have the following done:

- Nashoba setup a hosting environment
- Dragos confirm that the environment is fine for testing. - 3 business days
- Rafeek change the pass words and Dragos given access
- Dragos given 5 business days to set up the code
- Rafeek to change the passwords
- Nashoba given time to test the work and give the pending items document - 5 business days.
- With vworker, all parties look into and finalize the pending items and the deadline. Once the deadline would be set, the project would continue.

The work listed above should have taken approximately 3 weeks.

Dragos installed the code and the database. However, Nashoba began testing before Rafeek confirmed and changed the passwords. Nashoba apologized and Rafeek asked Dragos to reset the database. Dragos complained that a database script was not part of the contract and was unwilling to create it. Once Rafeek explained that the script was just a database dump, Dragos agreed to create it.

Dragos asked what would happen if he forfeited and Rafeek responded with general guidelines for the situation where the coder pulls out of the arbitration. Discussions regarding forfeiting the arbitration between Rafeek and Dragos ranged from March 7th to March 22nd. Dragos also brought up additional issues as well.

Nashoba began testing on March 22nd and submitted a list on March 28th.

On March 30th, Dragos accused vworker of tricking him into giving the customer the database. Rafeek again explained that if the work is 100% complete as per the contract, Dragos would be paid even if the employer did not want to pay him.

On March 30th, Nashoba offered to self-mediate an end to the project and on April 4th, they both agreed on the terms.

Full arbitration record