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Flippin' Clientco Dragging on Start Date - any suggestions??

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    #11
    Originally posted by pauly View Post
    The contract version they sent through was incorrect - took long enough to get it corrected as the HR manager seems to sit on things and be slow. Made adjustments and even managed to negotiate terms in my favour. Sent a new rev through and now waiting. I have a feeling there is some internal work and org chaos going on and hence the delays. Probably just need to find out how to leverage my way in if I want to work in that niche sector.

    I recall someone saying that a tenancy agreement is not worth much (even when deposits are provided) unless the tenant appears on the day at the property to collect the keys and move in (i.e. executing the contract). In this case, I assume the presence of a contractor in the office is not enough - its the sign-off of a timesheet (probably this is less likely to be refused if the contractor is in situ and appears to be available for work?).
    I can't quite work out what you are planning (save for the negotiating that is going on in the background).

    It seems as though you are considering turning up and forcing the issue? Good luck with that.

    Really the point I am making is that there is no evidence of a contract being agreed. There is an offer, and you have made a counter proposal.

    Sure, if you turn up (and they let you in, give you a log in, give you a pass etc) then there is quite likely an implied contract. But under what terms? I believe it would be those that were originally offered which you have already declined.

    At the moment, you have agreement of precisely nothing. Sure whoever you spoke to to has indicated that the terms you are after may be acceptable. They haven't indicated they are.

    Good luck, but you need patience, and it may all be going wrong. Or it may just be taking a reasonable amount of time.

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      #12
      Originally posted by ASB View Post
      Sure, if you turn up (and they let you in, give you a log in, give you a pass etc) then there is quite likely an implied contract. But under what terms? I believe it would be those that were originally offered which you have already declined.
      They would be seen to be accepting your counter-offer, if they let you get that far.
      Originally posted by MaryPoppins
      I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

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        #13
        Originally posted by DirtyDog View Post
        They would be seen to be accepting your counter-offer, if they let you get that far.
        That may well be the case DD. However I personally think it is more likely the implied contract would be you accepting the initial offer. But, it could be either.

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          #14
          Originally posted by ASB View Post
          That may well be the case DD. However I personally think it is more likely the implied contract would be you accepting the initial offer. But, it could be either.
          You'd have to show that the client was aware of the new contract and had had chance to accept it, I think - otherwise there is nothing to stop you dropping a new contract which says "pay me £5000 a day" just before you walk through the door.

          If they have had quite a while to review the contract, and they then accept that you have made changes to it, and allow you to start work, then I think you would have a reasonable case to argue that it is your version which is valid.

          However, I suspect that the client would generally have better legal representation than you, so I'm not sure I'd want to try to argue it in court.
          Originally posted by MaryPoppins
          I hadn't really understood this 'pwned' expression until I read DirtyDog's post.

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