New Contract but No Contract?

[kaiser78]

We have given our opinion. The last decision is yours.

WCS and still applies.

Could I risk loosing this contract all together though?

He did suggest yesterday over the phone that as an agency they can pay me directly for one days work and then review the contract tomorrow afternoon/evening.

If I get that off him in an email, should I accept?

No not until you are happy with the contract. The agent is keen for you to secure this contract as much as you are. Explain the above and he will not want you to lose as much as you don't want to lose the role. My previous posting still stands.

[BlasterBates]

Could I risk loosing this contract all together though?

He did suggest yesterday over the phone that as an agency they can pay me directly for one days work and then review the contract tomorrow afternoon/evening.

If I get that off him in an email, should I accept?

If this is the best paying contract and you like the contract go in.

I know the general sentiment here is only go in when the paperwork is done, but I really don't see what you have to lose here.

I spent 15 years contracting and I did go in several times without the contract or renewal being sorted, by that I simply mean the paperwork, I once did a three month contract without any paperwork at all.

The risk is miniscule because you'll probably have the paperwork by the afternoon or tomorrow, by going in you'll generate goodwill with a client who pays above the average. You sound like you really want to start this contract, so I would go ahead.

[chris101]

I have decided to delay my start date as I honestly do not feel comfortable without the paperwork.

Initially I was advised they had the contract in their possession and was awaiting my ltd companies details prior to them sending it to me then a whole week went by of daily chasing and empty promises being unfulfilled.

That journey alone I guess gives me the gut instinct of wanting to see the contract.

I would love to start tomorrow but as some of you has said, its not me who has messed up...

[kingcook]

I have decided to delay my start date as I honestly do not feel comfortable without the paperwork.

Initially I was advised they had the contract in their possession and was awaiting my ltd companies details prior to them sending it to me then a whole week went by of daily chasing and empty promises being unfulfilled.

That journey alone I guess gives me the gut instinct of wanting to see the contract.

I would love to start tomorrow but as some of you has said, its not me who has messed up...

I'm sure they won't mind waiting a few more days. Just keep them in the loop - paperwork has to be checked through - i'm sure they will appreciate that. Remind them that you're looking forward to getting everything signed off soon so you can start working with them on their new highly interesting project.

Look on the bright side: You now have the opportunity to interview for 3 other contracts. It's always good to have a plan B, but in this case you'll have a plan B, C and D.

[Contreras]

I have decided to delay my start date as I honestly do not feel comfortable without the paperwork.

Initially I was advised they had the contract in their possession and was awaiting my ltd companies details prior to them sending it to me then a whole week went by of daily chasing and empty promises being unfulfilled.

That journey alone I guess gives me the gut instinct of wanting to see the contract.

I would love to start tomorrow but as some of you has said, its not me who has messed up...

Fwiw and from the info you have posted, I would do the same. There are situations where I would work without a contract but this isn't one of them. If contracting has taught me anything, it's that it's important to trust my instincts and not get blinded by the dollar signs. No need to be anal about the paperwork, but if/when you feel bullied into a situation where you don't want to be then it's absolutely right to push back.

You are currently able to negotiate any changes from a position of strength. Once you are on site the agent will care less and then you're then the bad guy for threatening to walk.

It appears you have also received a copy of the client-agency contract. This is unusual (although not unheard of) so may be a slip up from the agent. To play this to your advantage you would need to send both contracts for review immediately (ask the agent for a template copy of the contractor-agency contract a.s.a.p., no details filled in, to speed this up) because if there are any recommended changes to the client-agency contract then you ideally need to propose these before sign-off.

[chris101]

Thank you for all your responses.

I have had no response from my email to the agency this morning.
I have also texted the director (who called me yesterday) to confirm he had received my email, however again no response...

[BlasterBates]

Thank you for all your responses.

I have had no response from my email to the agency this morning.
I have also texted the director (who called me yesterday) to confirm he had received my email, however again no response...

You need to now write this off and go after the other contracts.

Personally I think you should have gone in and discussed with the PM at the client site, i.e. is this a cock up up or do they really want you on site; by being on site the client PM can ramrod the process through than when dealing with an ineffectual agency. In the worst case if they'd really wanted you, they could have put you through another agency, after all there is no written contract. The reason I suggested this is because it was above average rate and you clearly wanted to do this contract, so it would have least given you closure. i.e. you find out there was no contract.

Anyway no harm done, just write it off to experience.

In the current situation I would now agree with all the others, sounds like an ineffectual agency who cocked everything up, chase new opportunities.

[chris101]

Looks like they were delayed. Initially the Director tried to say he is disappointed I didn't take him up on the offer of him directly paying me for the first day and for the late response on Sunday.
Irony was I asked him to send me the confirmation of what he said regarding paying me directly via email, which I told him now on the phone as well and his response was he did (I just triple checked and he definitely didn't).

He also said he had spoken to the client and although disappointed he would be ok for me to start on Tuesday - The tone used was implying it was my fault again!

Anyway I emphasised the point of not feeling comfortable due to the mess ups/empty promises on their side multiple times which he changed the subject to regarding the contracts.
He has now sent me all the contracts and it all seems the way it works is that I have 2 contracts -


1. From the Agency to the Contractor

Please accept the outstanding Consultancy Agreement on behalf of yourself
Please accept the outstanding Consultants Undertaking on behalf of yourself
Please accept the outstanding Consultants EAA Regs Opt Out on behalf of yourself
Please accept the outstanding Suppliers EAA Regs Opt Out on behalf of yourself
Please accept the outstanding Assignment Schedule on behalf of yourself
Please accept the outstanding Assignment Schedule on behalf of Ltd

2. A Contract with BCS - Business Control Solutions (which requires a counter signature, not sure why though)


All looks in order, anything specific I need to look at in the contracts?

[TheFaQQer]

All looks in order, anything specific I need to look at in the contracts?

1) Poor clauses relating to IR35

2) Poor clauses relating to general business

3) Anything that you aren't happy with

[northernladuk]

Looks like they were delayed. Initially the Director tried to say he is disappointed I didn't take him up on the offer of him directly paying me for the first day and for the late response on Sunday.
Irony was I asked him to send me the confirmation of what he said regarding paying me directly via email, which I told him now on the phone as well and his response was he did (I just triple checked and he definitely didn't).

He also said he had spoken to the client and although disappointed he would be ok for me to start on Tuesday - The tone used was implying it was my fault again!

Anyway I emphasised the point of not feeling comfortable due to the mess ups/empty promises on their side multiple times which he changed the subject to regarding the contracts.
He has now sent me all the contracts and it all seems the way it works is that I have 2 contracts -


1. From the Agency to the Contractor

Please accept the outstanding Consultancy Agreement on behalf of yourself
Please accept the outstanding Consultants Undertaking on behalf of yourself
Please accept the outstanding Consultants EAA Regs Opt Out on behalf of yourself
Please accept the outstanding Suppliers EAA Regs Opt Out on behalf of yourself
Please accept the outstanding Assignment Schedule on behalf of yourself
Please accept the outstanding Assignment Schedule on behalf of Ltd

2. A Contract with BCS - Business Control Solutions (which requires a counter signature, not sure why though)


All looks in order, anything specific I need to look at in the contracts?

No point looking if you don't have a clue. Get a professional to do it.