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Client terminating without notice

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    #21
    Originally posted by malvolio View Post
    I don't, actually, for the reasons explained earlier. I don't have one on the curent gig, as it happens. If they want to give me one, then fine. But then I don't sit at a desk churning "stuff" out, I deliver things and when those things are delivered I get out.

    Notice periods are for permies. End of.
    Ok, so you have a contract to deliver a thing regardless of how long it takes you? 10 days or 30 days you decide?

    I don't think many people have that sort of contract. my contract delivers a series of things for a project(s)


    Once we agree that I will deliver a series of things then I expect a level of compensation if my client decides to cancel and not let me deliver all the things in my contract.

    edit: or i should say... cancels in the middle of something with immediate effect as happened with the OP.
    Last edited by prozak; 10 October 2011, 14:32.

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      #22
      Originally posted by prozak View Post
      Yes stiffed.

      Every contract I have had has a notice period. if it was cancelled on the spot just because the client changed their mind I would expect something.
      Just as you cannot cancel on the spot without p___ing your customers off.

      you live in a funny world if you think contracts are worth nothing. What is the point of them then? Why bother putting a notice period in a contract?
      A contract is but a bit of ink on a piece of paper at the end of the day. If someone doesn't want to honour it there is nothing you can do but take it legal and so few people do it it theortically makes a contract generally worthless. The only thing that makes them work is professionalism on both sides to honour what it says. If this professionalism fails, so does the contract in most cases.

      You are right you cannot cancel it without pissing the customer off but that is generally the only outcome of cancelling it, on both sides.

      I think it is your world that is funny, a lovely place of people keeping words and honouring pieces of paper etc.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #23
        Originally posted by prozak View Post

        Once we agree that I will deliver a series of things then I expect a level of compensation if my client decides to cancel and not let me deliver all the things in my contract.

        edit: or i should say... cancels in the middle of something with immediate effect as happened with the OP.
        And do you get this agreement in your contract or are you assuming this is covered by your notice?

        We are also getting away from the point of MOO. If you expect the client to give you work to complete your notice and so on you have an IR35 issue.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #24
          Originally posted by northernladuk View Post
          A contract is but a bit of ink on a piece of paper at the end of the day. If someone doesn't want to honour it there is nothing you can do but take it legal and so few people do it it theortically makes a contract generally worthless. The only thing that makes them work is professionalism on both sides to honour what it says. If this professionalism fails, so does the contract in most cases.

          You are right you cannot cancel it without pissing the customer off but that is generally the only outcome of cancelling it, on both sides.

          I think it is your world that is funny, a lovely place of people keeping words and honouring pieces of paper etc.
          Well they do.
          I had a project cancelled recently and the customer was going to pay out the notice. I found another project in the same client so it became irrelevent, but they were going to pay.

          We are also getting away from the point of MOO. If you expect the client to give you work to complete your notice and so on you have an IR35 issue.
          Not work. Payment. There is a difference. The above example they had no further work. The project got cancelled. I was to be paid for sitting at home.
          Last edited by prozak; 10 October 2011, 14:42.

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            #25
            Originally posted by prozak View Post

            Not work. Payment. There is a difference. The above example they had no further work. The project got cancelled. I was to be paid for sitting at home.
            Which is as good a definition of Mutuality of Obligation as you'll find anywhere. I hope you're paying all your taxes and NICs.

            Manwhile us contractors will get on with the real world.
            Blog? What blog...?

            Comment


              #26
              Originally posted by prozak View Post
              Not work. Payment. There is a difference. The above example they had no further work. The project got cancelled. I was to be paid for sitting at home.
              If it was my budget and I had the option of paying some contractor 10k for doing sod all or just ******* him off and wait for him to cry to no avail I know what I would be doing lol. I would argue many clients don't know how to handle contractors or understand how we work. The worst client to work for would be a ex-contractor!!
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #27
                Originally posted by malvolio View Post
                Which is as good a definition of Mutuality of Obligation as you'll find anywhere. I hope you're paying all your taxes and NICs.

                Manwhile us contractors will get on with the real world.

                You don't half talk some amount of tripe......
                When freedom comes along, don't PISH in the water supply.....

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                  #28
                  Originally posted by malvolio View Post
                  Which is as good a definition of Mutuality of Obligation as you'll find anywhere. I hope you're paying all your taxes and NICs.

                  Manwhile us contractors will get on with the real world.
                  if you say so.

                  of course you'd be absolutely wrong. especially since you are not privy to my contracts.

                  but hey you are the self appointed expert. so how could you be wrong?

                  edit:
                  And just to add, this sort of comment:

                  Manwhile us contractors will get on with the real world
                  just makes you sound like a tool. did you get appointed the grand determiner of who is a contractor or are you just being a d___head?
                  Last edited by prozak; 10 October 2011, 15:16.

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                    #29
                    Originally posted by northernladuk View Post
                    If it was my budget and I had the option of paying some contractor 10k for doing sod all or just ******* him off and wait for him to cry to no avail I know what I would be doing lol. I would argue many clients don't know how to handle contractors or understand how we work. The worst client to work for would be a ex-contractor!!
                    well me too.

                    i didn't even need to argue my case.

                    Comment


                      #30
                      Originally posted by prozak View Post
                      if you say so.

                      of course you'd be absolutely wrong. especially since you are not privy to my contracts.

                      but hey you are the self appointed expert. so how could you be wrong?
                      Being paid for not working.... Hmmm, tricky one, isn't it. I can see how the confusion might arise.

                      It's not me that's wrong, but WGAS.
                      Blog? What blog...?

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