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SDC query

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    SDC query

    I have an offer of a 6 month contract on a project (Project A) which will have a SoW for deliverables, working practices etc. all outside IR35.
    During the course of this engagement the client has another project (Project B) that I've previously worked on, which they want me to occasionally help with when issues arise.

    To me this raises the SDC red flag, as I'll be controlled as to which project I work on depending on the client's whim. Also, aside from that, I'd personally rather not be chopping and changing projects.

    1. Would you agree this is an IR35 red flag?
    2. If I wanted to help the client support Project B while working on Project A, is there a legit way to do it and remain outside IR35? Maybe with a separate support contract with a retainer for services to run concurrently with the other contract?

    #2
    Not really, it's all down to how the contract is worded and what the actual working practises are

    The SOW should state you will be working on Project A and Project B. Project A will comprise 80% of the effort and Project B will comprise 20% of the effort with the parameters for when work on Project B is required are clearly defined (e.g. an incident with a given severity rating is received).

    There's ways to make it work.
    Last edited by ladymuck; 26 July 2021, 14:32. Reason: Got distracted and missed many words out of sentences

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      #3
      Well you've described exactly why Project A is outside so just do the same to Project B surely??? Just get a second SoW for project B. Might be a bit woolly with 'call off' dates or basic description of the work to be carried out. You don't need a new contract, that's the overarching document which describes the engagement clauses, the SOW describes the work. You can have multiple running at the same time or one after another for long periods of work.

      Very simple fix this one.

      When you say it's outside, I assume the client has made the determination rather than you assuming it will be? It's their call now.
      Last edited by northernladuk; 26 July 2021, 14:13.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Yes, it's a problem if you don't have the new requirement documented and reflected in a contract mod and a new SoW, otherwise the working practices will show that the client moves you to whatever they want on a whim and working practices always trump the contract.

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          #5
          Originally posted by northernladuk View Post
          Well you've described exactly why Project A is outside so just do the same to Project B surely??? Just get a second SoW for project B. Might be a bit woolly with 'call off' dates or basic description of the work to be carried out. You don't need a new contract, that's the overarching document which describes the engagement clauses, the SOW describes the work. You can have multiple running at the same time or one after another for long periods of work.

          Very simple fix this one.

          When you say it's outside, I assume the client has made the determination rather than you assuming it will be? It's their call now.
          Surely you need a single SoW so it's clear you can spend time working on both projects.
          merely at clientco for the entertainment

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            #6
            Originally posted by eek View Post

            Surely you need a single SoW so it's clear you can spend time working on both projects.
            for me. I would prefer 2 SoWs for this. That way one can end, and the other still be running. Makes it less messy. Especially if you expect additional pieces of work.
            See You Next Tuesday

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              #7
              OK, thanks everyone. I will proceed by requesting 2 SoW's.

              When you say it's outside, I assume the client has made the determination rather than you assuming it will be? It's their call now.
              They'll make a decision by submitting it for 3rd party review once the work is agreed, so I want to ensure it's all packaged as SoW ahead of that, and clearly avoiding SDC. The overarching contract and working practices have been outside IR35 in past engagements.

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                #8
                Originally posted by eek View Post

                Surely you need a single SoW so it's clear you can spend time working on both projects.
                Yeah he could for sure. Maybe just a personal thing. If they are two distinct pieces of work I'd rather have two separate ones just in case of scope creep, amendments or new pieces of work coming along. Just feels better.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

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