The employer, MetalGuy, alleged that Antony Repin, the worker, did not complete the project by the deadline, asked for a partial payment during the project even though the work had barely started, and had “horrible” communication.
Antony Repin alleged that he requested a deadline extension because of problems with software on the testing and live servers and that his time request was reasonable.
Arbitration summary:
The employer, MetalGuy, started arbitration and asked to cancel the project. MetalGuy alleged that the worker, egeshi, did not complete the project by the deadline, asked for a partial payment during the project even though the work had barely started, and had “horrible” communication.
egeshi disputed MetalGuy’s allegations and alleged that he requested a deadline extension because he had some problems with software at the testing and live servers. egeshi stated that the issue must be self-mediated as he was not refusing to complete the project and the time request was reasonable.
MetalGuy responded and alleged that the project was not completed on time and that the work shown was insufficient to warrant a deadline extension. MetalGuy indicated that if the project was close to completion, he would have extended the deadline.
The arbitrator reviewed the situation and posted a summary of what happened. The deadline on the project expired. The work should have been 100% complete by that time. Since it was not, the arbitrator explained to egeshi that if a legitimate reason outside of his control caused the deadline to be missed and he notified MetalGuy about it but MetalGuy didn’t address it, then egeshi may not be considered at fault for the missed deadline. The arbitrator asked egeshi to provide specific information to support the claim. If egeshi could not do that, then the arbitration would be ruled in favor of MetalGuy since egeshi failed to fulfill his portion of the contract.
egeshi alleged that the issue was beyond his control to resolve and he notified MetalGuy about the issue. egeshi said that MetalGuy started arbitration instead of adjusting the deadline.
egeshi posted another response indicating that he did not agree with MetalGuy’s behavior and initiation of arbitration.
egeshi posted another message, which was sent privately to the arbitrator. He offered further explanation on what happened. egeshi said that he could have uploaded work at the deadline and reported it as complete but chose not to, since it was not 100% complete. egeshi said that in his experience, “people very rarely need job to completed strict at deadline or earlier.”
MetalGuy posted a rebuttal response to egeshi’s posting.
The arbitrator asked MetalGuy to refrain from responding to the other party’s questions/issues unless specifically asked to respond to them. The arbitrator warned egeshi for posting a private message and reminded egeshi not to do this again. The arbitrator explained to egeshi that the only time he should report work as complete is if it is complete. If work is reported as complete, a technical arbitrator will test the work. The worker could actually end up in a worse situation if they report work as complete and go into testing when the worker knows that the work really isn’t 100% complete.
The arbitrator reminded egeshi that it was his responsibility to manage the deadline and that the deadline is considered a strict, enforceable deadline. The arbitrator gave egeshi another chance to provide the all the information requested in order to prove he was not at fault for missing the deadline.
egeshi responded with the information requested by the arbitrator as well opinions about MetalGuy and vWorker.
The arbitrator responded to the information. “In Posting # 34,433,835, you allege that you need more time because "everything is going not as I was planned with your project". It is your responsibility to properly manage the work to ensure that it is completed by the deadline. I cannot accept that the work was not going as planned as a valid reason for legitimately requiring more time to complete the project.
Now, you have also alleged in your last posting that you spent a majority of the time at the hospital with a relative. However, I don't see where you notified Guy of this issue before the deadline expired. Therefore, I cannot accept this as a valid reason for missing the deadline.”
Now, you have also alleged in your last posting that you spent a majority of the time at the hospital with a relative. However, I don't see where you notified Guy of this issue before the deadline expired. Therefore, I cannot accept this as a valid reason for missing the deadline.”
The arbitrator gave MetalGuy different options for negotiating the copyright with egeshi, since egeshi lost the arbitration. MetalGuy chose to destroy the work and let egeshi keep the copyright of the work. The arbitration was closed in favor of MetalGuy because egeshi did not complete the project by the deadline.
Full arbitration record
Full arbitration record
