Why Written Contracts Make Perfect Sense
(Especially When An Economic Downturn Is Pending)
Note: Before I get rebuked for suggesting an economic downturn is present before one appears on the horizon, please note that approximately every 7 years or so the US economy goes through a recession. The last downturn began in 2000, so we are due to experience a new one soon and the current drop in the housing market suggests that this could be a harbinger of things to come.
You’ve put the final touches on your work, ending four grueling days of writing, editing, and re-writing a series of articles on a topic which required an extensive amount of time researching your subject matter. One third of the invoice was paid before you got started with the remaining two thirds due upon completing the project. You send off the finished work and include a copy of your invoice, expecting to be paid within one or two business days.
Where’s The Beef?
Three days later you realize that you still haven’t been paid so you contact the company only to learn that they have received your invoice but it must go through the usual accounting cycle before a check is issued. This means that you just missed the mid-month issuance of checks and will have to wait until the first day of the following month before a check is cut.
Grumbling, you begin to understand one thing: because you didn’t have everything spelled out in writing you’re left waiting for payment, perhaps weeks longer than expected.
On the other hand, if your rent is due or some other bill is payable, you can bet that no one will wait for you: they want their payment now or you may suffer the consequences in the form of a hit against your credit record.
Better To Be Forewarned Than Unpaid
I’m writing this article to serve notice to my fellow freelancers that working with a written contract is the best way to protect yourself in the event that you experience some sort of work disagreement or nonpayment of funds. Recent experience has revealed that some of the informal agreements I had in the past should be changed: instead of verbal agreements or some sort of email exchange, all parties concerned would likely benefit from using contracts.
For example, one client was anxious for me to write a press release for him on July 30th followed up one week later with a refreshed executive biography. I explained my payment terms over the phone and I followed that up with a written letter outlining my price breakdown. What I didn’t do was to submit a written contract as I thought our verbal and written exchange was good enough. Well, the excuses for nonpayment I have heard over the past several weeks have been ridiculous. From, “I can’t pay you with my credit card because I would have to seek reimbursement from our bookkeeper,” to, “I’m out of town until next Wednesday and I’ll sign your check upon my return.” Needless to say that the deadline has passed by without a check being sent.
Late Payments = Money Trouble
In many cases of nonpayment there is an underlying problem evident — the client is experiencing money problems. When a company is experiencing money trouble, delaying payment to vendors is a typical response. As a freelancer, you are considered to be a vendor no matter how cozy your relationship with a company representative may be.
Unless you have everything in writing, payments can be delayed or the terms of the contract changed. Protect yourself by spelling out in writing the terms and conditions of your business relationship. Without a formal agreement you could be left holding the bag.

Great piece Matt! I am definitely in favor of getting the terms in writing. Contracts are preferred to informal documents. That being said, I do sometimes wait on payments — however, I pretty much know what each client’s accounting cycle is like.
Thank you, Laura. I guess I could live with some customers paying on a scheduled basis provided they stuck to their schedule.
Sometimes I wonder if we should do what other professionals do, i.e attorneys, doctors, and dentists who expect full payment when services are rendered.
I appreciate your stumbling this page too.
It is important to have payment terms set out before you start a project, but if your payment terms are too demanding you may scare off business. Net 30 days payment is not uncommon for b2b services. Just have a fairly high interest stipulated in the contract for late payments to be sure you get your money before the 30 days are up.
We do 6% and usually don’t have any problems with tardy clients.
I agree, David. However, if the carrying terms for a potential client are too long, i.e. beyond 30 days, then I can’t work with them. Naturally, a retainer along with incremental payments for longer projects works well.
For small projects, such as a press release, I charge my customers before I write for them. I’m not a creditor, but I will accept credit cards through either Paypal or Google Checkout.
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Thanks for the post, Momma. That is exactly what I do — I ask plenty of questions and I learn to get it all in writing before proceeding.
Well, at least for the written contracts.
That is why from now on I will work with contracts only except for the solitary press release. It usually takes several days of back and forth negotiating before an agreement is reached. Once everything is put in place, then we schedule a beginning date and work with a calendar.
No more vagueness!
This comports with my own experiences. Gone are the days when an honest person can do business on a handshake and expect to make a living.
That’s sad 1389, isn’t it? It used to be that a handshake was all that mattered. Yet, when dealing with people online (whom I may never meet) I want as much information in writing before I take on their project.
Great article with useful tips. If anyone wants to be a legitimate business person, they need an agreement!
Creatively, I agree. There is too much room for interpretation short of having everything spelled out in a contract. A contract protects both parties while serving notice that the agreement is, indeed, a valid one.
This is interesting Matt. My own experience is that written contracts are bothersome and often a waste of time. In more than 20 years of doing business - all of it b2b, and in some years approaching $2m sales - I don’t think we ever had a written contract with clients. Yes, we were burned occasionally but you learn to smell bad situations after a while.
All my internet sales are now strictly cash in advance. No credit, no contracts. Seems to work fine. But obviously this depends on the service offered, amount of prep time, out of pocket, etc., etc.
Rick, that is amazing. I guess when it comes to writing, marketing, and the like most people expect contracts. And I agree: ferreting out the bad apples is usually easier after awhile.
I require cash in advance for press releases and that seems to work well. I no longer deal with anyone who doesn’t have a legitimate looking website in place though.