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Work until contract end date or work schedule completed?

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    Work until contract end date or work schedule completed?

    Hi All,

    I started a 12 month contract last year to build an application for a client. I'm now 10 months into it and i've delivered the application and the end client is happy with it.

    As far as i'm aware even though we haven't reached the contract end date the contract is now complete because i've done all of the work outlined in the work schedule, is this correct or am I tied in until the contract end date?

    The reason I ask is because the client would like me to start another project right away, they think they have me available as a resource until the contract end date which is in another 2 months time. As far as I see it this should be a new contract, or an amendment to the old one to increase the scope of the work schedule.

    Normally I wouldn't consider this a problem as i'm paid by the day so there is no reason I wouldn't just keep on working as long as the invoices are paid. The issue with this project is its an extremely high pressure contract with an unrealistically soon deadline. As such it isn't very desirable to me so I quoted a higher rate than the previous contract. They are under the impression they can deny the rate increase and have me work for another 2 months at my old rate, on a project I never agreed too! Too much of a bums on seats mentality I think.

    So the question is, am I right that the contract has essentially come to an end early? And should I go against what I think is right just to keep the client happy?

    Cheers

    Jon

    Just found these clauses in my contract.

    RECITALS:

    (A) The Customer wishes to engage the Supplier to provide the Services (as defined below) in accordance with the agreement.
    (B) The Supplier is entitled to provide the Services to the Customer for the duration of this agreement and/or for the duration of the activities detailed in the work schedule in Appendix A.

    Then later

    The contract is for a fixed period of time but it is stated that this is merely an estimate based on the project work schedule, any over the estimate will be highlighted by the supplier in good time for customer acceptance
    Last edited by jonftwtaylor; 1 May 2013, 14:53.

    #2
    The ideal outcome for you would be for the client to give you notice on the old contract and give you a new one. Good for IR35 for getting canned early but also keeps the pieces of work distinct so there can be no argument you are under D&C or are just a bum on seat resource.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Does the contract mention that you will only provide your service for that one application?
      If there was an agreement on project X, then no project Y can be requested unless a new contract is made.

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        #4
        The conclusion i've come to is even though I am completely in the right as far as the contract goes it'll be me that loses out ultimately either way. Sure the client wouldn't get this application built but it wont harm them as much as me being out of work for months would hurt me.

        I have a years worth of war chest in place, and part of me feels like I should be prepared to use it in order to stand on principal. However when faced with it i've realised that although doing this new project on the old rate would be less than ideal, its far more ideal than the alternatives of no work, or going back to permie land for a lot less.

        Oh well

        Comment


          #5
          Well stay positive at all cost!
          Good things happen in bad times

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