Two contracts : Which to pick : Bailing out!

**Pondlife** · 4 September 2006, 10:09

Have you signed the contract?

Besides that - it doesn't reflect you very well professionaly bailing on an agreed contract. If you hired a builder to do some work on your house and then he cancelled because he had another gig, would you use him again?

**coolg** · 4 September 2006, 10:15

No I havent signed anything yet. Havent agreed to anything. Should I tell agent one the truth or not. (Agent one : the job with the agreed start date)The second contract is closer to home and on a higher rate. It just needs to get confirmed. What to do?

**triboix** · 4 September 2006, 10:15

I agree with Pondlife.

If you gave your agreement on the first contract, it is good practice to keep your word. It also helps build a good image of the contracting industry to the clients.

Don't be too greedy. It may bring more money on the short term, but certainly not on the long run, IMHO.

**oraclesmith** · 4 September 2006, 10:39

I agree with the others, you should stick with your agreed contract. There is in any case a risk that you don't get the second one and then you lose both. Look at building your business in the long term. Anyhow, you can always get out an renewal time.

Also, if the first contract is B2B, then regardless of when you are actually due to start work on it, it may be possible for the agent to sue you for breach of contract if you pull out - particularly if they then can't find anyone else at short notice to backfill for you. They stand to lose quite a bit including the confidence of the client, their rate from the client for your contract and, arguably, their cut of potential work from the client for other contractors who they would now be unable to place because the client won't favour them anymore. Plus legal fees, could come to quite a tidy sum.

Technically you could probably sub-contract (ie. use your substitution clause, assuming you have one) but this would be difficult for the agency to accept unless you have access to a pool of similarly skilled individuals who you can use. Offering a suitable substitute may well be a way of getting out without being sued because the B2B contract is still in place regardless of who does the actual work, so I guess if the agency refuses then they can't easily claim breach of contract. You will certainly make them very unhappy and they will certainly tell the client it was all your fault.

**ratewhore** · 4 September 2006, 10:40

Another view (not necessarily my own but let me play devils advocate for a while)...

Take the second gig if you haven't signed anything. Theres enough work out there to not worry about pissing off one client or pimp. If the market changes then pimps will not remember you and if you can make them money will use you even if you have reneged on an (unsigned) contract before...

**Not So Wise** · 4 September 2006, 14:44

Stick with the one with the contract/start date, other is "pie in the sky" till you have a contract and a start date.

If the latter was really serious about the role they would have provided both

Two contracts : Which to pick : Bailing out!