Timesheet IR35 indicator?

[TheFaQQer]

How you would prove this is going to be the problem without it being written in to the contract.

Quick email:

"Dear ClientCo Person,

As we discussed earlier today, I'd be more than happy to start work with Project XYZ whilst at the same time continuing to work on project ABC.

Best regards,

A. Contractor
For and on behalf of Bodge It & Scarper Ltd"

[Tasslehoff]

Quick email:

"Dear ClientCo Person,

As we discussed earlier today, I'd be more than happy to start work with Project XYZ whilst at the same time continuing to work on project ABC.

Best regards,

A. Contractor
For and on behalf of Bodge It & Scarper Ltd"

Great that really helps.

Thanks

[northernladuk]

Quick email:

"Dear ClientCo Person,

As we discussed earlier today, I'd be more than happy to start work with Project XYZ whilst at the same time continuing to work on project ABC.

Best regards,

A. Contractor
For and on behalf of Bodge It & Scarper Ltd"

Better still get it done properly and get it in your contract at renewal time and then there can be no argument. Retrospective agreement isn't going to work either.

[Tasslehoff]

Again, a lack of understanding.

Your working practice is doing anything you are told to by client that doesn't reflect what you were contracted to do. What do you think that sounds like?

You really do need to get a grip and quickly. Running your business with this lack of understanding is putting you at some significant risk. Just reading these two posts alone you sound like a disguised permie trying to tick boxes trying to be something else to me.

Oh dear, I need some genuine advice then please.

I was brought in initially for 3 months to “retire” an old system while another contractor brought the new system online.

Project overrun, and it’s take nearly 6 months (not my fault but irrelevant to this) so extended to cover this. Other contractor left for a better gig and I was asked if I would like to take over the implementation of new project. Extended for another 3 months on this basis (and may extend again)

I have PCG insurance plus, also Professional indemnity and Public Liability from QDOS. In terms of my working practices I am not micro-managed, I choose my own hours and location etc.

What should be my next steps to get me out of this hole I have dug for myself please?

[TheFaQQer]

Better still get it done properly and get it in your contract at renewal time and then there can be no argument. Retrospective agreement isn't going to work either.

If you are waiting until renewal, then you are getting it done retrospectively.

[TheFaQQer]

Oh dear, I need some genuine advice then please.

I was brought in initially for 3 months to “retire” an old system while another contractor brought the new system online.

Project overrun, and it’s take nearly 6 months (not my fault but irrelevant to this) so extended to cover this. Other contractor left for a better gig and I was asked if I would like to take over the implementation of new project. Extended for another 3 months on this basis (and may extend again)

I have PCG insurance plus, also Professional indemnity and Public Liability from QDOS. In terms of my working practices I am not micro-managed, I choose my own hours and location etc.

What should be my next steps to get me out of this hole I have dug for myself please?

What exactly does your contract say you are meant to be doing? Many of mine have been so vague it gives me a lot of flexibility (as I see it) - eg. "Provide expert advice and guidance on the Oracle system" gives a lot of freedom within the contract; "Implement three Java modules to do XYZ" doesn't.

If the contract says the project that you are meant to be working on ("Retire system A") and only that, then if I were you, I would:

• Document how you came to be working on the new system - you were asked and accepted
• Get the client to sign something that says this is how it happened
• If it supports your case, get the client to document what they would have done if you'd said no - ideally you'd have continued on the original project and they would have got someone else in.
• When it comes to renewal, add in the new project / system into the contract wording

The key thing is being able to prove that you were asked and accepted, rather than being told to do something and did it.

[northernladuk]

If you are waiting until renewal, then you are getting it done retrospectively.

Possibly, we don't know the exact timings. The key point is not to sign the renewal with the old schedule/title to it. In the past I have asked them to end the old contract early and start a new one. I think I may have been lucky that they were flexible to do this. I am guessing many agents/clients won't be.

I know you are right and we are arguing over minor points but to the same end but I am personally not comfortable with the email asking process. One gig maybe but if you stay at a client for 3,4 or 5 gigs it starts to look more like a paperwork exercise. The reality is you will do whatever they ask so showing you accepted rather than told starts to wear thin. It's this point I think it's critical for your contract to reflect that you are engaged for a piece of work and that's it. 5 gigs over 3 years with paperwork not reflecting the reality puts the contractor on very shakey ground IMO.

[Tasslehoff]

What exactly does your contract say you are meant to be doing? Many of mine have been so vague it gives me a lot of flexibility (as I see it) - eg. "Provide expert advice and guidance on the Oracle system" gives a lot of freedom within the contract; "Implement three Java modules to do XYZ" doesn't.

If the contract says the project that you are meant to be working on ("Retire system A") and only that, then if I were you, I would:

• Document how you came to be working on the new system - you were asked and accepted
• Get the client to sign something that says this is how it happened
• If it supports your case, get the client to document what they would have done if you'd said no - ideally you'd have continued on the original project and they would have got someone else in.
• When it comes to renewal, add in the new project / system into the contract wording

The key thing is being able to prove that you were asked and accepted, rather than being told to do something and did it.

It's very vauge!

In the actual contract it refers to services as below :

"The supplier warrants that it has obtained a clear and precise definition of the Services included or together with the Clients requirements specified services and timetables for delivery.

The services shall be performed on the suppliers behalf by one or a number of consultants (etc etc)"

In the schedule the services are simply stated at

"SQL Data Warehouse Development"

Is this the area I should be looking to get firmed up?

[northernladuk]

It's very vauge!

In the actual contract it refers to services as below :

"The supplier warrants that it has obtained a clear and precise definition of the Services included or together with the Clients requirements specified services and timetables for delivery.

The services shall be performed on the suppliers behalf by one or a number of consultants (etc etc)"

In the schedule the services are simply stated at

"SQL Data Warehouse Development"

Is this the area I should be looking to get firmed up?

You need to understand all this better so you know what to do rather than just stumble through asking questions every step of the way TBH. You are just ticking boxes which isn't great defense.

Would you engage a builder with the request 'Build stuff'? That title sounds more like a role description than a contracted piece of work to me. I have a feeling we are only scratching the surface of your issues here as well.

[TheFaQQer]

In the schedule the services are simply stated at

"SQL Data Warehouse Development"

Is this the area I should be looking to get firmed up?

If it was me, I wouldn't. The majority of my contracts have always been pretty vague - "Oracle CRM Consultant", "to provide consultancy services", "Oracle Hybrid Consultant", "Oracle Technical HR Consultant" which gives a bit more freedom. I know I've had some which were much more detailed (something like "deliver the re-implementation of the O2C process", which on extension became "deliver the re-implementation of the P2P process"), but they have been the exception rather than the rule in my experience.

Some people will say that you should always have the contract as narrow as you can, so that it shows that you were there for specific projects, but IMO it really depends on what you do. If I'm brought in to design and implement from the top down as a solution architect, then I'd want the details of what the project was in there; if I'm brought in as a technical grunt then all I'd want is the technology, since on a large project there are many different things that a technical resource might need to do.