History of hiring Bruce-Erik Osborn, beosborn@lightfar.com, 604-499-8588, to develop an iPhone app. I
originally hired Erik on a time and materials basis in April 2019. After spending $1500 to do a "proof of
concept," which he deemed successful, I then ended up paying him $107,000.00 between April and
January 2020. He did not produce a useable product. At that point we switched to a fixed price contract.
The contract, between Bruce-Erik Osborn (Inner Flame Records, Ltd) and Eeminder Inc
provided for fixed price software development with a payment from Eeminder to Inner Flame of
$20,000.00 at contract signing and remaining $20,000.00 upon delivery and acceptance of
software. Inner Flame agrees to deliver software in 14 weeks (mid May 2020).
Erik never delivered any software on this contract. My last contact with him was in December
2020. He never expressed remorse that I paid him for work that resulted in nothing usable.
The only thing Erik ever delivered on time were invoices and sob stories begging for more
money. All described below.
I have come to realize that the fixed price contract, at a minimum, was a work of fraud on Erik's
part and the way he strung me along monthly was all fabricated and the work of a con man. I
do not believe he ever did any actual work on this contract.
Date
Written statement from Osborne
Notes
2-9-20
Contract between Brad Erik Osborn (Inner Flame Records,
Ltd) and Eeminder Inc providing for fixed price software
development with a payment from Eeminder to Inner Flame of
$20,000.00 at contract signing and remaining $20,000.00
upon delivery and acceptance of software. Inner Flame
agrees to deliver software in 14 weeks (mid May 2020)
2-26-20 Hi Tom, I'm in the middle of writing and debugging all the
barcode and image recognition code. I received your check a
week ago today (Wednesday, Feb 29) and deposited it the
next day. They told us the check would clear on Friday, March
13. I'd be curious to know what the date is that they actually
withdraw the funds from your account.
The programming has been going well and is about where I
would expect it to be at this time.
-- Erik
4-2-20
Hi Tom,
The project is going well, and everyone here is fine....I'm
looking forward to delivering a product to you sometime in
May.
Best Wishes, Erik
Date
Written statement from Osborne
Notes
5-22-20
Tom, the app is coming along well, it's just taking a lot of time
to get the code through the compiler (Xcode), ...It is going to
take probably another 4 weeks to complete the job to where I
can turn in an app for you to test.
6-25-20 Hi Tom,
I feel great about the project, which I've been working on
absolutely non-stop 7 days a week 12 hours minimum, but it is
taking longer than I wanted...I know the wait must be driving
you crazy, but I think it will be worth it...It is the only project I
have been working on, with all the firepower of my lab
resources....So, this is going to take more weeks to cover all
the bases in the v1.0 specs.
All the Best, Erik
7-15-20 From the Statement of Work, the following items are working:
2a, b, c, d, e;
3c, 3c-1, 3c-2, 3d, 3e [not 3e-1] 3f
User interface 90% complete...
I expect to deliver the App around August 20. -- Erik
7-16-20
I am aiming for the third week of August. It has been a lot of
work.
8-6-20
Hi Tom, I'm looking forward to giving you a birthday present
Asked him if he
could deliver on
demo around the 20th.
Aug 17 which is
client's birthday.
Best, Erik
Date
Written statement from Osborne
Notes
8-28-20
Because I went beyond the anticipated May 2020 timeframe
Asks for advance
of $10,000 on
to finish the project, my lab has fallen behind on paying its
remaining balance
bills. The landlord has given us until next week to catch up or
without delivering
we are going to have to move our operation, which is non-
anything at all.
trivial...So to deal with my situation, I don't want to ask for
I did not agree to
more money. A deal's a deal, and it's a fixed-price deal. But if I
this advance.
could get 10k of the remaining 20k for the delivery of the
Clone Mode demo, it would be a huge help for us to keep the
Comical that he
says he 'would
wolf from the door so I could complete the job before moving
work on it again'
on to another contract....I like Sqramble and should the need even though he
arise, I'd work on it again, especially now with the strong
has yet to produce
foundation it has at its core.
anything.
Sincerely, Erik
9-8-20
No way am I defaulting on the contract. I'm working hard on
the demo...
9-22-20
A fixed-price contract that has had the enormous amount of
Demo he sent was
no different from
work that I have put into your product night and day is hardly a
the app before this
joke. My finances depend upon Sqramble’s successful
contract phase
completion...I can give you a Clone Mode demo by the end of
started -- it was
from the previous
the month, but the audio-video timing will probably not be
time and materials
tuned yet.
contract for which I
paid him
$107,000.00 and
did not get a useful
product.
10-1-20
...I have little doubt this can be achieved, but i think I'm going
to have to contact Apple, because according to their
documentation, it should be golden.
Erik
Date
Written statement from Osborne
Notes
10-19-20
I hope to have the report finished and sent by tomorrow
Claims he needs to
send a bug report
morning. In preparing one of the logs for the Apple
to Apple to resolve
submission, I found something which I want to run a test on in
some issue he is
case it’s a significant clue into what is going wrong. For one having.
thing, I want to be sure I don't make a mistake, and secondly,
it will provide them with iron-clad data that will help them find
what is going wrong.
— Erik
10-27-20
I will be pouring over these logs (attached) for several days
Still has not sent
the bug report to
while I also complete the Apple report, unless I first find the
Apple
problem or devise a workaround.
Erik
11-16-20
Tom, sorry to take so long to get back to you. I am tied up until
Tuesday and will be in touch with you then.
-- Erik
11-23-20
Tom, we're dealing with a bit of an emergency here, hence the
Never sent the all
important bug
delay in getting back to you. I will make an effort to be in touch
report to Apple
with you Wednesday afternoon Pacific Time. I expect to find a
after all
work around to the radio problem I have with Apple's
MultiPeerConnectivity and move on to a completed product. I
was not able to work on the product the past few weeks, but
expect to resume this week.
-- Erik
Date
Written statement from Osborne
Notes
12-7-20
I have asked that half of the remaining money of the final $20k
Erik's response
when asked if
be paid to my company so that I can focus exclusively on
every project he
Sqramble once again instead of putting out fires here.
takes on ends up
this way, and
Your insults to me, threatening me and calling me a fraud,
whether he will
which I am not, are not inspiring especially after the incredible
ever deliver
anything.
amount of careful work I put into the project while not taking
any other contract between January - September 2020, in the Now admits he
middle of the Covid mess. If you try that with your own
gave up on project
business on $20k, you might run aground yourself. Could we
in September and
started working for
perhaps have a civil discussion to resolve this situation?
another client but
never let this client
know.
Again asks for
advance on back
end payment.
Note how he
presents himself as
the victim even
though he was
paid in advance
and apparently has
no regret or
intention to resolve
the situation.