Can an unsatisfied client withhold the consultant's fee?

[dyeysi]

Hi Covers..

Just want to share..
I had been hired by a small company as QA Engr and also acted as the MR.
During my 2nd month, we hired a consultant to help us with our ISO9001 certification. He helped us drafting the quality manual and 2nd level documents (12 procedures) and provided us forms which we needed to follow.

As I see him, this consultant is a unprofessional.
He doesnt even check whether the system is put up in place.
He conducted our Internal Audit, and just browsed our Design and Development Records commented that we correctly filed it.
He just drafted the documents. Other than that I think he is really not a help.

So here comes the time after document review, the auditor noted observations on 2 of the 2nd level documents (Quality Procedures) and some records. I asked him when he could come so we can discuss all of the observations and address it since its a week before the Initial Audit. His answer to me is he is currently conducting a training and will get back to me after it. Then the following day I called him up, he told me he cannot come and we will fix the observations during the audit itself since it is only the time he can get to our office!!! (Unbelievable!!!!).. so what I did, I just addressed all the observations without his help..

And now the Initial Audit comes, the auditor was so disappointed with the Design and Development. He saw many findings and luckily just gave us a minor NC, it could have been a major NC!

Wondering where is the consultant? well, i still want him to have some participation in closing our findings since we hired him. so what i did i sent him our answer to the findings, to let him check. I just don't know why he haven't replied to me now.

So now my boss is angry with the consultant because he seemed uprofessional to us. Do you think we could refund the consultant's fee? has anyone experienced this?

[HiroMatsu]

I think that the solution to your problem is in your contract with him. There must some clause about what his obligation towards you are, and what happens in case you aren't satisfied with his performance.
You might sue him.

[harry]

Do you think we could refund the consultant's fee? has anyone experienced this?

First, do you mean whether you could 'with-hold' the consultant's fee?

Next, be sure you know the true meaning of 'consulting'. I am not sure of Singapore but in Malaysia, many pay consulting fees but expect the consultant to 'hand-hold' them or be spoon fed.

[dyeysi]

The payment is paid in installment terms during the consultancy period. I am not sure with our Finance if we had paid the last cheque.

Actually this is my first time to work with a consultant. His output is not as what we had expected. Initially it is not he who we interviewed but his boss. Since from the agreement, they must assist us preparatin until we get the certification, then he must do what is agreed.

Being spoonfed is not good, but lack of attention and commitment is worst!!!

I also do not want to be very dependent with the consultant because we are still responsible with our system..

[Jennifer Kirley]

There is no question that you should vigorously complain about the consultant's performance, but the even greater issue I see is that the one you interviewed sent a replacement. If you thought you were hiring guy #1 but instead got the buffoon, the matter is one approaching misrepresentation.

But since you did not outright fail your audit, you will need to carefully outline your grievances and how they fell short of what you were expecting to receive.

Once that list is made, review it against the contract carefully and prepare to present your grievances. Unless there is regulation of consultants in your area, getting a refund may be difficult.

[Marc]

Originally Posted by dyeysi

Initially it is not he who we interviewed but his boss.

I would withhold any further payments and have the 'boss' over for a visit. The 'boss' may or may not know that his/her employee has not made you happy.

[AndyN]

I understand about the lack of customer service from this person, but have a different spin on why you are in this situation;

In your OP it states the consulting company was brought in to help get you certified to ISO. Are you certified? Where there any majors that would prevent that? My point being, it seems to me that, in very simple terms, the consultant delivered to your (management's) requirements. You, personally may have a (legitimate) issue with his behaviours, but what did your management expect from him?

As with any supplier relationship, many issues of performance relate directly to how an organization chooses that supplier (cost, expertise, background, location etc.) and what is specified to be deliverable. Then, once the supplier is selected, performance monitoring becomes important.

Sure, he and his boss are culpable, and you should do as Marc suggests, but did your organization make clear what your expectations? Was it your intention to have them come back and help with non-conformities, which didn't prevent you from being certified?

[Colpart]

Spot on Andy - I know this is a tricky area but some clients expect the consultant to do everything for them. The OP mentions that he prepared the manual, procedures and forms, it is largely up to the client organisation to implement the system under the guidance of the consultant.