1st time contracting - odd query

[mickwill]

Hello!

I have been speaking to the VP of a small US/UK based business over the past 5 months about doing work for them.

The sticking point is that whilst we have been making agreements for odd days for them it looks like they are about to put more work my way. the potential issue is that when I have asked for a formal contract,Letter of Engagement, or purchase order, his reply has been "just send me the invoice and we will pay you".

What I have been doing is sending him an e-mail stating the day rate, what work has been requested and basic terms (expensis etc.) and asking him to confirm back - which he has done so far.

As I said they are a small outfit and have paid so far.

So my query is the email that I send him asking to confirm rates, work to be done etc, would it be regarded as binding?

Thank you

Mick

[LondonManc]

Hello!

I have been speaking to the VP of a small US/UK based business over the past 5 months about doing work for them.

The sticking point is that whilst we have been making agreements for odd days for them it looks like they are about to put more work my way. the potential issue is that when I have asked for a formal contract,Letter of Engagement, or purchase order, his reply has been "just send me the invoice and we will pay you".

What I have been doing is sending him an e-mail stating the day rate, what work has been requested and basic terms (expensis etc.) and asking him to confirm back - which he has done so far.

As I said they are a small outfit and have paid so far.

So my query is the email that I send him asking to confirm rates, work to be done etc, would it be regarded as binding?

Thank you

Mick

How quickly does he pay? Ideally you wouldn't want to expose your co to more than a week's unpaid work at a time. Suggest weekly billing so that you can both keep on top of all aspects of the project.

[TonyF]

So my query is the email that I send him asking to confirm rates, work to be done etc, would it be regarded as binding?

Which legal jurisdiction are you working in? Is it the same as theirs?

[mickwill]

Hi Tony,

Uk based company as am I. Currently the work they are sending is home based, but they are likley to want to send me to the Middle East in the near future on thier behalf.

Best Regards

Mick

[cojak]

Watch and learn.

Why you need a written contract

Get proper advice for this. It may cost you, but anything less than a grand will be incredibly good value...

[Hobosapien]

My approach to this kind of loose scenario is to treat any work you do on a scale of how bothered you are of getting paid. So if it's just doing something for a mate who may pay you in beer later that's one end. At the other end is being sent abroad by a company, no doubt at your own expense until you can claim it back somehow, I'd get that nailed down water tight.

You can't be a contractor without a contract unless you don't mind being a contractor that doesn't get paid.

If they aren't willing to provide a contract, draft one for them (various templates are available online as a starting point) or pay someone to produce one. You'll then find out how serious they are in paying if they still try to fob you off rather than sign or negotiate the terms of it.

Will watch that video that's now been made a sticky, the opener looks interesting enough.

[radish2008]

^ This - I'd get a contract in place.

Also - be aware of promises of stuff in the future that might be used to tie down a lower rate or increase your risk.

I've had a client give a months work for a lower rate (2nd contract I had) on the promise of future work that never arrived.

I've had one client screw me over with the 'this isn't what I expected' (3rd client). This would get a '**** you pay me' today.

Live and learn and all that.

[stek]

Hi Tony,

Uk based company as am I. Currently the work they are sending is home based, but they are likley to want to send me to the Middle East in the near future on thier behalf.

Best Regards

Mick

Work permit issues?

[HugeWhale]

Hi Tony,

Uk based company as am I. Currently the work they are sending is home based, but they are likley to want to send me to the Middle East in the near future on thier behalf.

Best Regards

Mick

Don't go. Why should you act as a bank for his company? It's cash up-front for overseas travel: and you want full medical, evacuation insurance (not Delhi belly, but a helicopter and plane to bring you home ), plus payment for jabs before you go, visa costs, the whole shebang.

[Safe Collections]

To answer the OPs original question, yes an email exchange confirming the rate, works and the like would be binding and for the odd day of work here or there is probably sufficient.

However as others have said this is not a substitute for a formal contract and we certainly would not recommend undertaking any overseas or longer term work without one.