Location change after contract signed

**northernladuk** · 13 April 2010, 00:02

What does it say in the contract. Do they say just Edinburgh or are they pretty wooly about? Did they stipulate an exact start and end date? What is the notice period? Did they add anything in like 'and anything else the management deem as appropriate' and so on.

If it says it, or in some cases, it doesn't say it in the contract then that is how it is. Need to get in to the exact wording of each section so there can be no mistake what you and they have signed up to. First off find out if what they are doing is valid to the contract and THEN you can decide a course of action. It sounds like this could get messy so worth taking the time to read and understand every sentence.

I don't think once you have done this it would be unfair to point out to the agent that you are contractually bound and this deviation (if it is infact against the contract) is not per the terms agreed and ask what they are going to do about it as they are currently in breach. Give them fair chance to offer alternatives or bring it back in.

I don't know anything about what to do in cases of breach of contract. I do know that for things like returning to work under a different agent or walking out and not adhearing to notice that puts you in breach will cause a tulip storm but I havn't heard of anyone being taken to court for breaching because it just isn't worth the hassle. You have to think how far are you willing to push this and are you going to go legal. You could give them an option to buy you out of the contract or something maybe before threatening them at last resort. Not sure about the this bit though so maybe some other more experienced guys can give you better advice when it gets to this level.

**northernladuk** · 13 April 2010, 01:06

Odd thing. I had a long trawl looking for something similar and as far as I can see no one has asked a question like this. A few have had them cancelled during signing though. These brought up something interesting. Is there a clause in your contract saying they don't have to give you work or don't have to pay you when there is no work or something to that ilk. If so I half expect as soon as you start banging them to rights they will pull that one on you and tell you the work dried up so they are not obliged to pay you.

When they say 50% Edinburgh/Bristol are they expecting 1 person to commute or part time in both places? Take part time, check your notice and start looking for something new?

Interesting one this so keep us informed and good luck.

**dmb78** · 13 April 2010, 13:01

Points in contract...

Thank you so much for your questions/help. I've had a look through the contract and it doesn't appear that they can make the change... There are a few interesting points below. The assignment details the start date/end date as well as location to be Edinburgh only. It doesn't even say 'any other location deemed appropriate' or anything to that nature.

3. Term

3.1 The Agreement shall commence on the date of signature by both Parties of the Assignment Details and shall continue until completion of the Project unless or until terminated earlier pursuant to Clause 13.

3.2 Where the Consultant has not signed and returned the Assignment Details by the date of commencement of provision of the Services then it shall be deemed to accept such Assignment Details and these Terms and Conditions on the commencement of the provision of the Services.

3.3 Subject to Clause 3.4, the Consultant shall begin the supply of the Services on the date specified in the Assignment Details and shall continue to supply them for the period specified in such Assignment Details unless or until terminated earlier pursuant to Clause 13.

3.4 Where it is stated in the Assignment Details that the commencement of the supply of the Services is subject to the satisfaction of a condition precedent including receipt of consents, approvals, clearances, satisfactory references or permissions then the supply of the Services shall not begin until any such conditions precedent have been satisfied. - there is nothing in the assignment details which specify this.

4. Provision of the Services

4.1 The Consultant shall and shall procure that each of the Project Participants:

4.1.1 carry out the Services as specified in the Assignment Details, including as specified in relation to the scope, timing and nature of the provision of the Services;

4.3 The Parties shall agree the premises at which the Services shall be carried out and these shall be set out in the Assignment Details. If the Consultant provides any of the Services at its own premises, it shall ensure that such premises are suitable for the carrying out of such services and that it provides appropriate facilities including IT and communication facilities, which are reasonably acceptable to the Client and *****agency*****.

4.6 In the event that any change to the nature or scope of the Services is identified as being desirable by either the Consultant or *****agency***** (on behalf of the Client) a request may be submitted to the other Party to effect such change. Any such request shall be sufficiently detailed to enable the other Party to assess the impact of the proposed change. No such change will become effective until agreed in writing between the Parties.

13 Termination

13.1 The Agreement shall come into effect on the date when Assignment Details are signed by both Parties and shall continue until completion of the Project unless terminated earlier in accordance with this Clause 13.

13.2 Either Party may terminate the Agreement by notice effective immediately where:

13.2.1 the other Party is in material breach of any of its obligations under the Agreement and does not remedy that breach (if capable of remedy) within 30 days after written notice of the nature of the breach and its intention to terminate is given;

13.2.2. the other Party makes any voluntary arrangement or composition with its creditors;

13.2.3 the other Party (being an individual or firm) becomes bankrupt;

13.2.4 an order is made for the appointment of an administrator to manage the affairs, business and property of the other Party or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other Party or notice of intention to appoint an administrator is given by the other Party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986);

13.2.5 a resolution is passed or an order is made for the winding up of the other Party (otherwise than for the purpose of amalgamation or reconstruction);

13.2.6 an encumbrancer takes possession of or a receiver or administrative receiver is appointed over any of the property, assets or undertaking of the other Party or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other Party or if any other person takes possession of or sells the other Party’s assets;

13.2.7 the other Party ceases or threatens to cease to carry on business; or

13.2.8 the other Party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

13.3 In the case of the Consultant, the right to terminate as set out in Clause 13.2 shall apply where any of the events described in Clause 13.2 are committed by or happen to the Client.

13.4 ***agency*** may also terminate the Agreement with notice effective immediately where:

13.4.1 the Consultant refuses or fails within a reasonable time to remove or replace a Project Participant following a request made by ***agency*** or the Client pursuant to Clause 6.2;

13.4.2 the Consultant fails to fulfil any of the conditions precedent as set out in Clause 3.4 by the deadlines stipulated in the Assignment Details or where no deadline is stipulated, within 7 days of the date of commencement of the supply of the Services as set out in the Assignment Details;

13.4.3 personal or professional references of the Consultant or the Project Participants do not reach the standard required by ***agency*** and in the case of the Project Participants, the Consultant refuses or fails within a reasonable time to remove or replace such Project Participants following a request made by ***agency*** or the Client pursuant to Clause 6.2; or

13.4.4 the Client terminates the Project for whatever reason.

13.5 ***agency*** may also terminate the Agreement for any reason prior to the date of commencement of the Project or for whatever reason by giving:

13.5.1 5 days notice in the first 2 weeks of a Project; and

13.5.2 14 days notice thereafter.

This clause concerns me slightly...

10.4 Subject to Clause 10.5 neither Party shall be liable to the other under any circumstances for loss of profits, loss of contracts, loss of opportunity, loss of business, loss or depletion of goodwill, increased overheads or administration expenses, management time, or any type of special, indirect or consequential loss of any nature whatsoever (including without limitation loss or damage suffered as a result of an action brought by any third party) even if such loss was reasonably foreseeable or the possibility of it being incurred had been advised.

10.5 Nothing in this Clause 10 shall limit the liability of the Consultant under any indemnity given by it under the Agreement.

I'm still waiting to hear back from them on what's happening. Today, they can't seem to tell me how long i need to be in Bristol for or when they want me to start.

They still want the one person to cover the position.

While i'm happy to do the work, as i've kind of been backed into a corner now, i would rather look for another contract. This isn't an option for me though as i've signed a contract and always keep my word, keeping me in good stead with previous Clients and maintaining a good reputation.

I'll keep you posted on the outcome...

Location change after contract signed