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Question on Contract Termination

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    Question on Contract Termination

    Been a long time lurker here - so first of many thanks for the excellent posts and advice.

    Now I have a question of my own.......

    My first contract role is ending. I'm on very good terms with the company, having delivered some great work, and with the contract having been extended in 6 month chunks over the past 2 years.

    The termination notice is 60 days, but the contract doesn't state whether this is calendar days or days worked. Clearly my preference is to bill for 60 days!

    Before I decide to dig my heels in with the client, I wondered if there is a precedent here?

    Given the wording, would this 'default' to being calendar days, or do I have some right to treat it as billed days?

    #2
    The majority of the time for contract notice periods, the default position would be calendar days (unless it states otherwise).

    Comment


      #3
      Originally posted by Suhari View Post
      Been a long time lurker here - so first of many thanks for the excellent posts and advice.

      Now I have a question of my own.......

      My first contract role is ending. I'm on very good terms with the company, having delivered some great work, and with the contract having been extended in 6 month chunks over the past 2 years.

      The termination notice is 60 days, but the contract doesn't state whether this is calendar days or days worked. Clearly my preference is to bill for 60 days!

      Before I decide to dig my heels in with the client, I wondered if there is a precedent here?

      Given the wording, would this 'default' to being calendar days, or do I have some right to treat it as billed days?
      I might be missing something here, but I'm not understanding the point of your question.

      You had a six month extension and as you state, it's coming to an end. Have you been served notice (thus ending your contract early) ?
      When freedom comes along, don't PISH in the water supply.....

      Comment


        #4
        Originally posted by TestMangler View Post
        I might be missing something here, but I'm not understanding the point of your question.

        You had a six month extension and as you state, it's coming to an end. Have you been served notice (thus ending your contract early) ?
        I've been served notice, so the contract will not reach the 6 month point.

        Comment


          #5
          If the client has no work for you, the the agency has no obligation to pay.

          There is only an obligation to pay for days worked unless there is a clause in your contract that specifically outlines how much compensation you get if the contract is terminated early. Contracts are usually drawn up in that way, but no harm in consulting a soliciter if you believe that the contract isn't clear on that point.

          With regards to the client, he doesn't care, you can't sue the client you can only sue the agency. I wouldn't even bother to mention it, as it is irrelevant to the dispute.
          Last edited by BlasterBates; 13 November 2015, 14:40.
          I'm alright Jack

          Comment


            #6
            Yes I'm confused too.

            OP - You do know that they can give you 10 minutes notice of their desire not to renew don't you? 60 days only applies if they terminate part way through.

            But then I can understand the confusion. As I've said before, one client kept harping on I had to give them 4 weeks notice (which was notice period) that I would not be renewing. Even though they fannied about every renewal and left it until the last day (or later). Kept explaining about contracts and ending etc and they didnt get it either.
            Rhyddid i lofnod psychocandy!!!!

            Comment


              #7
              I think generally if the client teminates there's not a lot you can do, however if the agency terminates when the client evidently did have work, that would be a case where the agency would be in breach of contract.

              Of course you need to check terms and conditions in the contract and consult a soliciter as to whether any conditions only paying for work signed off by the client is acceptable. In other words the agency would give you 60 days notice or maybe not bother but simply inform you that you are no longer required at the client's site as the contract usually has that clause in.
              I'm alright Jack

              Comment


                #8
                60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

                So have you been served notice or is it coming to a natural end with no notice required?
                Last edited by northernladuk; 13 November 2015, 15:51.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by northernladuk View Post
                  60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

                  So have you been served notice or is it coming to 4 natural end with no notice?
                  I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong
                  When freedom comes along, don't PISH in the water supply.....

                  Comment


                    #10
                    Originally posted by TestMangler View Post
                    I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong
                    Oh dear god I hope you are wrong lol...
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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