Huge mistake! No payment until my client is paid.

[BlasterBates]

This clause only allows them to delay for a while, they can't simply claim they never got paid. That isn't plausible unless the client went bankrupt.

[Bruno123]

Thanks ladymuck and BlasterBates … in fact, everyone who has taken the time to reply. Your comments have made me feel better! I guess the pay-when-paid thing isn’t that uncommon, and hopefully the “they can’t just deny being paid” thing is true. If they’d been upfront with the terms from the start, I wouldn’t have doubted their intention to pay me. (Although I wouldn’t have taken the contract and this thread wouldn’t exist, but still!!!)
It’s the sneaky way they changed the contract, and now the fact they’ve not responded to my messages regarding their payment terms with their client which unsettles me. I really hope I’m wrong, but I just see a future where I leave it 30 days from the invoice and request an update - “oh we’ve not been paid yet”, 45 days “oh no we’ve still not been paid”, 60 days… you get the picture. I guess eventually I’d just have to take legal advice.

[Protagoras]

It’s the sneaky way they changed the contract, and now the fact they’ve not responded to my messages regarding their payment terms with their client which unsettles me.

Is the consultancy's client a 'large business'? If so, you may be able to find out about payments from https://www.gov.uk/check-when-businesses-pay-invoices

[Bruno123]

If so, you may be able to find out about payments from https://www.gov.uk/check-when-businesses-pay-invoices

Oh that’s really interesting, thank you. On this occasion it doesn’t bring up their client… but it’s made me think I could find other ways of investigating them directly. And that link will definitely help for future contracts. Thanks!!

[Maslins]

I think you're right to be aggrieved at the last minute switcheroo in the contract! As a minimum they should've highlighted what they'd changed.

However, as others have said, I wouldn't jump to the conclusion that they're a bunch of fraudsters. They may well have been stiffed on other work, where their end client was mega slow to pay, yet they had to pay their subcontractors swiftly. Hence their legal team decided this tweak was warranted.

If they don't pay within a reasonable timeframe, pursue it in the same way you would without that wording in the contract.

[Bruno123]

Maslins - thanks, much as I know I should’ve read it all again, it was a bit naughty, wasn’t it? But it’s interesting how you’ve said the same - that it’s probably not a deliberate plan to avoid paying me. I hope you’re all correct and I’m overreacting! Yes, I’ll allow a reasonable timeframe and then pursue them.