Right of Substitution

[bold]

Hi first time post and first time contractor, about to start my first IT contract, havent signed the contract yet, been doing my homework on IR35 ...well trying ! , I had my contract reviewed and it was deemed a failure for IR35 because it lacked a substitution clause. not going through an agency and would like to start negotiating with the client to get the contract changed to a more IR35 friendly one, has anyone got an example right of substitution clause I could use to get an idea of what to go back to the client with ?

My contract review was free (part of my accountancy fee) but they wasnt very helpful after the review just said that I would have to pay for them to provide such clauses.

Personally I feel my contract is borderline and my working practices could easily be deemed outside.

read lots of different advise "get insurance and just work outside" etc etc but I may have a good chance to change the contract with the client so would prefer to at least try to improve chances

all thoughts / comments / insults etc etc welcome

[Moscow Mule]

Try joining the PCG, they have sample contracts on the website for members.

Another way of swinging it is to not have your name on the contract anywhere, it should just say "programmer" or whatever and the rate. Some clients won't go for it, some will. If it's a small firm, or the legal team don't do b2b contracts very often you'll have a better chance.

[Qdos Contractor]

The clause you add in is obviously dependent to some extent on the way the contract is written. You could have something as simple as:

"The contractor may provide the services using such representatives as it sees fit. If the initial representative is unable to perform the services for any reason, the contractor shall provide a replacement with equivalent or higher skills, qualifications and experience. The contractor shall remain responsible for successful completion of the services and for payment of any replacement(s)."