I’d politely point out that the only thing that you have to sell is your time and expertise. If they are asking you to provide your time and expertise then tell them that you are considering that they have a contract with you.
If the master services agreement requires that the contract be in writing then tell them that you will start working on the problem and will send the answer as soon as you get the written authorization to proceed. Ask for a written statement of the problem with an acknowledgement that you will be receiving formal approval (and will be paid) before you will be required to submit the responses.
That way you are been seen as being helpful while guarding yourself from being exploited.
I once started working on a project 1,200 kms from home based on verbal assurances that a formal contract would be forthcoming. When the arrears got to over $150,000 I was told by an administrator no contract no pay. I then phoned my project contact and informed him no contract, no pay, no work, court case. I left the message on his answering machine. I got a call back by a panic stricken individual and told him that I was going home (remember 1,200 kms away) and would return when the arrears were paid and I had a formal contract in my hands.
This project had a requirement in my client’s contract with the end user that there be full time on site supervision. I also told them that I would be issuing a letter to the end client stating that I was no longer engaged in the project and from this day on would not be responsible. I knew that the end user would then shut down the project.
I got paid by electronic funds transfer the next day. I never did get the formal contract. Other than the administrative types causing a lot of problems, this was a good client to work with.
I will not work for this client again without a formal agreement in place.
The problem may be that the administrative types have put so many roadblocks in the way of the technical types that the work cannot get done. Just do not let this be your problem. Make it an internal company problem and force them to sort it out before you give any significant free services.
If they are taking advantage of you its because you are letting them take advantage of you.
Rick Kitson MBA P.Eng
Construction Project Management
From conception to completion