breaking a contract

[Sid]

I want to break a contract; and I have a one month notice period with the agency. If I breach the notice period, what is the worst that I can expect from my contracting agency?

[Wanderer]

I want to break a contract; and I have a one month notice period with the agency. If I breach the notice period, what is the worst that I can expect from my contracting agency?

Check out this discussion.

It's certainly not good form to walk away from a contract without giving proper notice. I would generally negotiate with the client on this but once again opinions are divided - others will say talk to the agency rather than the client. It depends on your relationship with the client/agency. If there is some good reason why you can't honour the contract then try to negotiate your way out. If it's just that you've been offered more money or a better job then consider if it's worth it.

Opinion is divided on the subject of damages. Some think you could be liable to pay thousands to the agency in arbitrary damages for the breach, others say you should just walk away and if the agency takes legal action then shut down the company and start a new one. Often, the agency will try and withhold money owed to you (as damages) and you may have to threaten or take legal action to recover it. Make sure you have your timesheets signed and up to date before you raise the subject. My opinion is clear - the agency can't claim damages against you or withhold payment unless they can prove that the damages actually occurred and I would make them prove this in small claims court.

The other option is that you could provide a substitute to complete the contract for you (presuming your contract has the right of substitution and isn't a contract for your services personally). Note that you will most likely have to do a proper handover to the subbie in your own time.

Also be aware that the client could escort you off site at the earliest hint that you aren't going to complete the full contract term so be prepared for that.

[Old Greg]

Or tell them that you have been diagnosed with TB or something else that's nasty. Or back pain or depression if you want something more believable. In fact any mental health condition is a good bet.

[Sid]

refusing contract renewal

Here is an additional thing. e.g., My contract expires on 25 April. My agency is lazy enough for me to be sure that it will not send me the contract-renewal letter till the last date. Meanwhile, I get a new better paying contract; and don't want to renew with my original agency.
So, if I refuse to sign the contract renewal with my original agency on the 26April, will my notice period still apply as the employment terms and conditions don't hold got after the 25Apr?
Secondly, how should I keep my client informed that I don't have the intention to renew the contract?

[jmo21]

Here is an additional thing. e.g., My contract expires on 25 April. My agency is lazy enough for me to be sure that it will not send me the contract-renewal letter till the last date. Meanwhile, I get a new better paying contract; and don't want to renew with my original agency.
So, if I refuse to sign the contract renewal with my original agency on the 26April, will my notice period still apply as the employment terms and conditions don't hold got after the 25Apr?
Secondly, how should I keep my client informed that I don't have the intention to renew the contract?

Correct, the notice no longer applies.

For me though, it is bad form to let a contract run down like that without telling the client.
Presumably you would be doing no handover if you did this.

[Support Monkey]

Here is an additional thing. e.g., My contract expires on 25 April. My agency is lazy enough for me to be sure that it will not send me the contract-renewal letter till the last date. Meanwhile, I get a new better paying contract; and don't want to renew with my original agency.
So, if I refuse to sign the contract renewal with my original agency on the 26April, will my notice period still apply as the employment terms and conditions don't hold got after the 25Apr?
Secondly, how should I keep my client informed that I don't have the intention to renew the contract?

FFS!! if your contract ends on the 25th then all you need do is work till the 25th you don't have to agree a renewal if you don't want it, your notice period does not run past the last day of the current contract, but to stop any ill feeling between you the client and the agency its would be good form to let them know as soon as possible your not extending after the current contract expires on the 25th

[russell]

I want to break a contract; and I have a one month notice period with the agency. If I breach the notice period, what is the worst that I can expect from my contracting agency?

Nothing, they might seem annoyed but if another role comes up and you are perfect for it they will be your best mate again. The client might be annoyed but since you are so close to the end of your contract I doubt it. I see a lot of contractors overestimating their worth, thinking if they leave the client will be in all sort of trouble, no you are a minor detail that can be quickly and easily replaced.

No the client and agent won't blacklist you and have pictures of you with a warning below, it will be forgotten about by next week.

[Wanderer]

Here is an additional thing. e.g., My contract expires on 25 April. My agency is lazy enough for me to be sure that it will not send me the contract-renewal letter till the last date. Meanwhile, I get a new better paying contract; and don't want to renew with my original agency.

So your contract is coming to an end on the 25th April and they haven't sent you the paperwork for a renewal? Then you finish on the 25th, you don't have to do anything and there is no "notice" to be given. Find another contract working for some other client to start on the 26th and you're good to go. Generally speaking there will be no obligation for the client to offer an extension beyond the dates specified in the contract nor will you be obliged to accept an extension if offered. You should read your contract to be absolutely sure though - contracts can have anything in them.

The way it normally works is that the client will discuss a contract extension 4 to 6 weeks before the current contract expires and have the paperwork ready to be signed off. If these lot (agency AND client) haven't done this in good time they can't come crying to you when you walk out the door at the end of the contract. They could just as easily string you along with talk of a renewal right up to the last day of the contract and then NOT renew it after all so don't feel bad.