Training other contractors

**G8_Summit** · 15 February 2006, 10:59

Ultimately, the client can ask you to do what they want. If you don't want to do it, then thats up to you, but I presume the client would then get rid of you at the earliest opportunity.

**privateeye** · 15 February 2006, 11:10

I would say the writing is on the wall but honour your contract. Cover yourself and start looking for something new.

**The Master** · 15 February 2006, 11:16

Depends entirely on your contract. If, as I suspect you are, you are a bum-on-seat contractor, your contract probably has a clause in it that says "you will do whatever the client wants you to do". In that case, you have little choice but to get on with it.

If, on the other hand, your contract was for a specific job or project and contains details of the deliverables required, and training is not one of them, well the path to negotiation is open.

**XLMonkey** · 15 February 2006, 11:18

Legal position will depend on your contract, but if providing training and knowledge transfer is part of the job spec, then you will have to do it regardless of whether their name is Pat or Patel.

Ethical position seems to me to be straightforward -- you're under contract to provide a professional service and you have a duty to do it. There's nothing ethically wrong with the client saying -- "once you've developed this I want the ability to have someone else do support and ongoing maintenance". There is something ethically wrong with trying to avoid obligations under the contract to protect your commercial interests.

I accept it's a tricky position to be in, though. When similar things have happened to me I found that the best way out was to try to make a virtue of the process: sell the client training and knowledge transfer services and then position myself to help supervise and assure the work that the offshore outfit was doing. Oddly enough, it made it easier to get an increase in the fee rate as well.

More generally, it seems to me that the contract market for programming and systems development is becoming increasingly squeezed by these low-cost offshore operations. The good money in future is in requirements definition and managing the overall development and implementation process, rather than code-cutting.

**meridian** · 15 February 2006, 11:20

Hmmm, I'll have to check the contract but no doubt it'll probably have some catch-all like "other services as directed by client".

However, I still have a problem with whether or not the process of testing and configuration (as distinct from the software itself) are my own intellectual property and so the client cannot direct me to train others in this (although I take the point that the client can ask me to do whatever they please....).

To put it another way, would it be a breach of contract to refuse to divulge what I consider to be my intellectual property? (rhetorical question, I'll have to read the contract and consult legal opinion)

**meridian** · 15 February 2006, 11:23

Sorry, should reiterate that I don't have a problem training the permies, my queries relate solely to other contractors...

**The Master** · 15 February 2006, 11:26

As regards IP, you will need to check your contract again. Most contracts for BoS contractors have an "all IP rights are waived and passed to the client" clause in them.

**Mordac** · 15 February 2006, 15:55

If they're about to outsource the whole lot to Wipro-Monkeys, I'd stay on good terms with the client if I were you. In a couple of years, they are going to be right in the tulip, and will need someone with the expert knowledge to get them out of it. At which point you will find your rates will have gone up.

**MrsGoof** · 15 February 2006, 16:07

You dont have to train them very well.

Give them enough to appear proficient, but will be totally out of their depth if left alone.

Disclaimer: 1/ I would not encourage or follow my own advice re this issue.
2/ Ingnore 1

Training other contractors