Breaking Contract - Not Signed

[Old Greg]

That one of you needs to understand contract law a little better?

I understand contract law perfectly adequately. The question is what are the likely consequences in practice and how to manage them.

[northernladuk]

I understand contract law perfectly adequately. The question is what are the likely consequences in practice and how to manage them.

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

[mudskipper]

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

However, rather too late for the OP.

[northernladuk]

However, rather too late for the OP.

This time

[Old Greg]

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

What alternative course of action should the OP have taken?

[northernladuk]

What alternative course of action should the OP have taken?

Well signing his contract before going back on site might have been worth a pop. Also negotiating a start date with the new gig that would have allowed a more graceful exit might have helped. At worst possibly delaying the start of the extension if he knew it was coming. Might possibly have been able to expedite the decision on the new gig as well. Various stuff.

Don't know the exact timeline so might have been other options but just turning up without signing a contract hoping everything would be nice and smooth isn't the best way of approaching it.

[Old Greg]

Well signing his contract before going back on site might have been worth a pop. Also negotiating a start date with the new gig that would have allowed a more graceful exit might have helped. At worst possibly delaying the start of the extension if he knew it was coming. Might possibly have been able to expedite the decision on the new gig as well. Various stuff.

Don't know the exact timeline so might have been other options but just turning up without signing a contract hoping everything would be nice and smooth isn't the best way of approaching it.

Each of these (other than signing the extension which is probably of debatable relavnce to the situation) may have presented a risk either to existing contract (bird in the hand) or to the new contract.

The OP has introduced legal and repurational risk, to mitigate against risk of losing one of the contracts, and will probably IMO get away with it. Possibly, contracting has made me cynical - I didn't used to think this way.

[northernladuk]

Each of these (other than signing the extension which is probably of debatable relavnce to the situation) may have presented a risk either to existing contract (bird in the hand) or to the new contract.

The OP has introduced legal and repurational risk, to mitigate against risk of losing one of the contracts, and will probably IMO get away with it. Possibly, contracting has made me cynical - I didn't used to think this way.

Well yes you are right. Fumbling around in the dark means he's got into a situation where it's possible he'll get away with it. Nothing else to learn here. /thread.

[b0redom]

Well signing his contract before going back on site might have been worth a pop.

Why? I thought starting work would have been legally deemed to have accepted the extension. I'm pretty sure it's been argued before the other way here ad infinitum?

[northernladuk]

Why? I thought starting work would have been legally deemed to have accepted the extension. I'm pretty sure it's been argued before the other way here ad infinitum?

It is but it's a shoddy way of doing it that brings in all sorts of uncertainty from both parties as we can see here. It also makes assumptions that nothing has changed which isn't great either. Much better to have a signed contract in your grubby mit for when something goes wrong.