No contract issued or signed - breach of contract?

[blacjac]

In that example it depends on how they refused the contract.

If they said, I won't accept that, but I will accept x, y & z, then it is x, y and z that have been accepted by the agency when they paid the invoice....

[Wanderer]

In that example it depends on how they refused the contract.

If they said, I won't accept that, but I will accept x, y & z, then it is x, y and z that have been accepted by the agency when they paid the invoice....

Hmm, interesting.

What if agency sends you an unsigned contract. The contractor LTD makes changes to it then sends it back, but the agency never signs it, contractor starts work, gets paid etc. Are the agency deemed to have tacitly accepted the amended contract?

What if the agency sent the contract to you, already signed by the agency and then you changed it, signed it and sent it back. Would your changes form part of the contract or would this be impossible since the agency had already signed a different version of the contract?

It sounds to me that if an agency sends you an unsigned contract then you are free to amend it how you want, sign it and send it back to them to review. If it's already signed by the agency then you have to accept it as is.

[cojak]

You never got paid for the work???

How many days did you work?

If they didn't pay you they were in breach of this verbal contract.

I'm not sure if you can get youR money without a contract to wave at them but at the very least you can tell them to get stuffed.

[Olly]

Not sure who Cojaks question is for...I personally got paid.

Erm....timeline as I remember was....
I started work.
Two weeks in they emailed, after me repeated request, a standard contract for me to look over, I emailed back whole list of things I didn't like about with reasons and suggestions for omission, alterations.
Another week or so passes and agency sent contract as it was but signed.
I refuse to sign.
After that was all forgotten about...I was getting my money, didn't give much though to contract any more.

[cojak]

The OP didn't get paid.

[Olly]

looks like he said the second bit of work he did for the client was a freebie and not something he's questioning.

[MarillionFan]

Thanks for the replies.

I have got myself in a dumb situation with this one. Newbie error.

Agreed to do some work at x rate per hour for a company that was providing a service to a client. That's all I agreed. No other terms and conditions agreed. No contract was ever shown, offered, agreed to etc in writing or verbally.

Still have no idea what is in the contract apart from that I shouldn't have worked for the end client until 12 months after the work ceased with the company I was working for. Never told verbally or in writing.

They say I am in breach of contract and will sue. Due to working for the client directly, even though I wasn't aware of the clause. However, I never got paid for any of the work.

So, based on the above, I really don't see how I could be in breach of contract?

OK!

Sounds like you've been a bit dumb. I think we understand what you have done though. Newbie error sounds about right.

Be a little more succint on the next reply if you want help.

You need to tell us

1) How many days have you done with the client (with the company you agreed)
2) How did you find the client and who did you deal with
3) Sounds all verbal so far, so what was documented (rate, hours etc must be)
4) How many days have you done with the client direct (and what was the catalyst for doing so)
5) What does the company you agreed with want to sue for?

Is the company you have contracted through an agency or a consultancy?????

We should be able to give some advice here, without resorting to 'you been dumb' type comments.

[blacjac]

Hmm, interesting.

What if agency sends you an unsigned contract. The contractor LTD makes changes to it then sends it back, but the agency never signs it, contractor starts work, gets paid etc. Are the agency deemed to have tacitly accepted the amended contract?

What if the agency sent the contract to you, already signed by the agency and then you changed it, signed it and sent it back. Would your changes form part of the contract or would this be impossible since the agency had already signed a different version of the contract?

It sounds to me that if an agency sends you an unsigned contract then you are free to amend it how you want, sign it and send it back to them to review. If it's already signed by the agency then you have to accept it as is.

As I understand it, it would be down to whoever could prove they last amended the contract and weather or not whoever never responded had reasonable time and notice to do so. Only a judge would decide.....

Not sure who Cojaks question is for...I personally got paid.

Erm....timeline as I remember was....
I started work.
Two weeks in they emailed, after me repeated request, a standard contract for me to look over, I emailed back whole list of things I didn't like about with reasons and suggestions for omission, alterations.
Another week or so passes and agency sent contract as it was but signed.
I refuse to sign.
After that was all forgotten about...I was getting my money, didn't give much though to contract any more.

My take on this is that you are working to the agencies contract because:

1. They sent contract.
2. you said no, and provided an alternative.
3. They ignored your alternative and again provided a contract
4. you did nowt.

It's all negotiations, and they stopped after the last agency contract so I think it is reasonable that a judge would rule you had plenty of time and oppertunity to respond to 3. However you didn't, you carried on working, invoicing and accepting payment. Ergo, you accepted their contract provided in 3.

What you should have done is repeated 2, then it would be back in their court.