>> We've run into problems with this more than once. You write a prelim spec and then they take it to Joe Smoe and have him develop on the side at a cut rate.
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> I've run into that, too, but if they pay for the analysis and deliverables it's their choice how to accomplish the task IMHO. So I've learned not to take it personally.

>> One way to avoid this problem is to make sure you copyright all of your specs not just the app. I have a Word template called Spec that has a copyright notice at the bottom of every page. At the beginning of the doc is a notice that this is a copyrighted document and the client has no rights to use the document for any development without my permission. I've only had one guy push it and I had a lawyer friend send a certified letter stating our intent to litigate. Cost me a six pack to my friend but took care of the prob.
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> I'm no attorney but it would seem to me that if the client pays for the analysis, he owns the deliverables. If he doesn't then you do.

Around here it's a lot of gov't work with a bidding process. there are also a lot of organizations that are affiliated with the state and you end up with the same thing. Your "bid" is often times a system spec with screen shots and basic data elements but not all of the detail items. I don't mind when they get a lower price I just want a shot at matching that price. The grind is I've done the work and haven't got any money yet. Not fun, but the way the game is played.

As far as the copyright, I once had an attorney explain that any work I did was mine to give away. He said that the law made it real easy for me to give it away if I didn't pay attention. But it is also simple to retain. If I expressly state what the docs can be used for I can prevent just about anything. If there is no agreement, then the client has purchased the doc and can do whatever they want. But if you state clearly what the doc can and can't be used for you can control quite a bit.

As a practical matter, if they give me a shot and I don't meet the price I'll let them use the doc if they ask (no charge even). I just send them a letter stating they may use it for whatever and that any other use will cost $xxx.xx. It builds a better relationship and they can see the value in my stuff.

Another thing I should point out is that alot of times the client is dealing with a minimal (read cheap) budget because they're non-profit or subsidized. This means they like the people that work with them and understand their situation. (Hmmm, ran out of room - must be yappin too much)