Smashing eBook_ Professional Workflow for Web Designers - Luke Reimer [13]
Breach of Contract
A breach of contract entails a direct violation of either contractual obligations previously agreed upon with a client or a violation of the legal system in the country where you’re providing the service. For example, if you discuss details of a web project with a friend and in doing so violate a confidentiality agreement, this is enforceable by law and could result in a lawsuit and punitive damages awarded to the client. Viability of lawsuits, verdict, and amount of claims all fall under civil court systems (as opposed to criminal court systems), whose outcomes depend on past case precedents and measurements of damage.
Crafting and solidifying a contractual agreement with a client usually serves as a protection for web designers against a client breaching the contract – but it’s extremely important to keep in mind that web service providers are equally bound by such contracts. In cases of gross breach of contract – even one that you designed yourself and have used for past projects – the client can make a case completely founded on that document.
Safeguarding
Few of us would intentionally breach a duty of service or duty of contract, but mistakes and omissions will always remain risks facing any industry or economy. Whether a new employee unwittingly discusses confidential information or a disaster wipes out your files causing substantial delays, risk management is a tactic to be employed every step of the way to safeguard against potential consequences.
There are several methods to safeguard against legal or financial backlash in the case of a breach of duty, three of which will be discussed; contractual agreements, risk and liability management, and insurance. I would urge each and every designer to make use of the first two, and individuals operating at the professional level to consider investigation of the third quite seriously.
Contractual Agreements
Contract 1) noun. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.
We’re all familiar with client contracts – most probably have templates or past contracts carefully filed away and have relied on them for years. However, it’s important first to remain aware of the purpose and use of the contracts, and second to use them for each and every project or subcontract no matter what the timeline or scope. The use of contractual agreements often provides web designers a pointed legal advantage stemming from the fact that we ourselves are generally the ones creating the contracts and proposing their use with clients. In this sense, you can first be acutely aware of the stipulations and terms of a contract, and second provide yourself what breathing room you can to manage risks in breaching those terms.
For example, you can include terms that protect you from tertiary circumstances such as natural disaster, theft, or other scenarios that could unintentionally occur and affect the timeliness of your work or financial obligations that you may have. Craft these documents carefully and they will be your guardians.
Learn more about contracts, the legal aspects, the official elements, and more by checking out “Contract Law: An Introduction” or similar articles.
Risk and Liability Management
Whole seminars, courses, and consulting firms exist on the sole topic of risk and liability management at all corporate levels. From a definitional standpoint, risk management is the identification, assessment, and prioritization of risks. The concept is that simple every-day practices can be employed to manage your level of risk and to decrease the probability of a damaging scenario occurring. The web design industry is no different in this regard, and I’d encourage you to ponder what risks