Monday, April 25, 2011


Allegation summary:

Arbitration summary:
The worker, Lussay, initiated arbitration to cancel the project. Lussay alleged that the project was already complete but that jamescw0, the employer, continued to ask for new things. Lussay alleged that they already had completed some “free work” (things that were not part of the contract) for the employer.
jamescw0 disputed the allegation. Both parties posted information about the project and included information to support their allegations.
The arbitrator asked both parties to stop responding to the other party’s questions unless they were asked to respond. The arbitrator warned jamescw0 not to post any more opinions about the worker.
The arbitration reminded Lussay to upload the deliverables to the vWorker site and asked Lussay to confirm that the work was 100% complete. Lussay confirmed that there were additional items that were not completed, so the work was not 100% complete. Lussay explained what was complete and stated that is why they should be paid for 85% of the work, because they were not going to continue on the project.
The arbitrator summarized what happened in the project. The deadline that was set on the project expired. However both parties continuing working after the expiration and did not agree on a new deadline. As a result, the deadline was implicitly extended.
The arbitrator explained the options to each party. jamescw0 could choose to negotiate a new deadline with Lussay to complete the project or break the contract. If jamescw0 agreed to negotiate a new deadline, Lussay would have to negotiate the deadline to continue the project or break the contract and receive a poor rating. If jamescw0 decided to break the contract they would receive a poor rating and Lussay would be paid for any work that was completed and met the requirements.
If both parties agreed to continue working, vWorker would clarify any disputed requirements before continuing with the project. The project would remain in arbitration so the arbitrator would be available if there were any disputes or questions.
The employer and Lussay agreed to continue working and agreed on a new deadline. Once the deadline passed, the arbitrator ruled that Lussay did not fulfill the contract because work was not uploaded to the vWorker site by the deadline.
Lussay disputed the ruling. The arbitrator explained in more detail how the decision was made and offered a senior arbitrator review. Lussay declined the option to have a senior arbitrator review the decision. The arbitration was closed in favor of the employer.

Full arbitration record