A fellow contractor has told me that if you don't declare a criminal conviction you may be liable for the cost of the contract and you may have to pay back any money you were paid in that term. This seems to be a very grey area. I can see how you could be in trouble for misrepresentation of service but to be liable for any costs if find this hard to understand as you have delivered a service. Do any of you have advice on this matter?
-
-
Stay away from finance as they'll run full disclosure checks. As to the original question - I'd imagine you'd only be in breach if you were asked and then didn't disclose.Originally posted by mconran View Post -
What did you do ? come on, give us all the juicy details
and then I'll er, give you some really good advice
(\__/)
(>'.'<)
("")("") Born to Drink. Forced to WorkComment
-
Not declaring it when asked is fraud. You want to be more worried about the law than the cost of the contract IMO.
If you commit fraud with the intent to deceive anyone then you are in the lap of the gods. I am sure they are quite within their rights to come after you personally for any costs they feel.'CUK forum personality of 2011 - Winner - Yes really!!!!
Comment
-
Its just a little public disorder...Originally posted by EternalOptimist View PostWhat did you do ? come on, give us all the juicy details
and then I'll er, give you some really good advice
so if I am asked and I don't disclose am I liable for the cost of the contact? and what exactly does that mean?Comment
-
The proper answer to this is depends on the industry sector and more importantly on what the contract says.Originally posted by mconran View Post
Sectors where you aren't suppose to have criminal convictions the client will check you don't have them.
If they didn't check, didn't ask you and didn't state something in the contract and it's later found you do have a criminal conviction then refused to pay then you could go after them for breach of contract."You’re just a bad memory who doesn’t know when to go away" JRComment
-
What does your contract say about non-disclosure?Originally posted by mconran View Post
I'm surprised if there isn't a clause where they can walk you off-site.
The refusal to pay may be a different clause or not there at all, as if an agent is involved they often talk hot air."You’re just a bad memory who doesn’t know when to go away" JRComment
-
oh. tricky oneOriginally posted by mconran View Post
It sounds like this other contractor knows you have a record(\__/)
(>'.'<)
("")("") Born to Drink. Forced to WorkComment
-
I cant seem to find anything solid on this...
some say if they ask and you say "no" it is misreprentation of service and they are entitled back
what they have paid you over the contract term...
other forms dont mention anything about the company going after existing paid invoicesComment
-
As said before, being a criminal is not against the law, not disclosing something when asked is grounds for them to cancel a contract.Originally posted by Stevie Wonder BoyComment
Comment