Got a contract, but need some advice!!

**malvolio** · 8 September 2006, 17:13

B&C will be very quick if they have to be. Meanwhile, by starting work, you have already accepted a set of conditions that, in effect, are those in the draft contract or any written/emailed subsequent amendments. If that includes your intention not to sign until it's been reviewed, then that's part of the deal already. The general rule is that the last correspondence prior to starting work is the default position (something I used once to negate a bad clause in a contract: I emailed the agenc saying "please can you change these two and I'm not agreeing to para n" and never heard any more from them so my requested amendments were part of the final contract)

If B&C then get changes made, be very sure all parties understand them and sign them, otherwise they will have no legal value. However, you have potetnially reserved the position to make those changes, which is good.

I understand the need for speed, especially with early contracts: it is why you need to brush up on the things to look for so you can make an initial assessment and argue about things that are blatantly out of order. That comes with experience of course.

Meanwhile, well done on getting started!

**wantacontract** · 8 September 2006, 18:27

Malvolio, many thanks for the replies on both of my queries!!

Already quite a few things which i would want to change even without consulting B and C....like 45 days to payment!!

**VectraMan** · 8 September 2006, 21:01

Originally posted by wantacontract

Already quite a few things which i would want to change even without consulting B and C....like 45 days to payment!!

That sounds like something you might want to sort out before waiting for the contract. If you're going direct though, 45 days isn't that unreasonble. It's typical to work a month, send an invoice, then wait a further 30 days before payment. You're thinking like a permie if you have a problem with that, though it's fair to say that sort of delay is tough when you start out. It's about the only advantage to having an agent.

I think it's worth turning up anyway even without the contract signed. Worse case is that you might have a fight on your hands to get paid for it, but if you don't go you've thrown away a couple of hundred quid in lost income. Now that's thinking like a contractor.

**wantacontract** · 10 September 2006, 21:21

thanks

vectraman, i was going to make it 30 days instead of 45.....as that was the standard in the PCG contract...I understand where you're coming from...I suppose I was thinking somewhat like a permie...

As for the turning up...absolutely, no skin off my nose, if the first couple of days is spent sorting out stuff thats non work related!!!

Feel excited and nervous at the same time...not nervous about the work...but strangely enough about sorting out the contract etc.....

**boredsenseless** · 11 September 2006, 09:13

Originally posted by wantacontract

vectraman, i was going to make it 30 days instead of 45.....as that was the standard in the PCG contract...I understand where you're coming from...I suppose I was thinking somewhat like a permie...

As for the turning up...absolutely, no skin off my nose, if the first couple of days is spent sorting out stuff thats non work related!!!

Feel excited and nervous at the same time...not nervous about the work...but strangely enough about sorting out the contract etc.....

Exactly a business will generally involve some pre-sales work before they win a contract, in your case you have a double bubble here as it will get paid once the contract is signed. And what else would you have done in the meantime??? Richard and Judy perhaps!

Anyway I expect the usual comments from others about how you should never go to work without a contract and that you should earn more per day than the agent charges cos thats fair!

**Jay54** · 13 September 2006, 21:21

Originally posted by wantacontract

Hello People,

Since my last post, I have secured a 2 month contract....Interview was Thursday night. Phoned me this morning and told me you have the job!!

Then said could you start on Monday!!

I thought you should always get the contract checked out, read, etc, IR35 contract reviewed by B and C, signed before I started work....

However, this was a company that I had worked with before a long time ago, and being my first contract, I kinda foolish relented to agreeing to start work on monday, but I stated I wouldn't sign the contract until I was happy with it....

Baurers and Coutrells will be receving my contract first thing on Monday morning. Is there anything which I should pre-empt....

Some advice please.

Thanks.

So what is the opinion on your contract, are you inside IR35?

**wantacontract** · 17 September 2006, 22:28

what happens next

well guys, here is an update for you.

The contract after a quick glance by B&Cs was infact not a correct one for me. It was an agency contract, which is wrong as I am going direct = business to business.

I want to state here, that only after reading the PCG Direct to client contract and the PCG Agency COntract and my job contract - several times...do I appreciate the differences....any newbies out there like me....perhaps it would have been a good idea to have spent some time reading these contracts just to get a feel..

I've been pushing for them to utilise the PCG direct contract, since the agency one is the only one they have for contractors.....

Anyway, I have now been told they cannot deviate from their contract....so I am stuck....

until I rang B&C and asked them for some advice. They came up with the suggestion of why don't I go through their preferred agency supplier, so then the contract issued would be valid...

What a good idea!!

Anyway, I must say this whole process is rather protracted.....I felt ill at ease for working a whole week now, with no contract in place...

But now, what the heck, its a learning experience....

P.S HR is so slow at doing anything......................

**malvolio** · 17 September 2006, 22:39

Originally posted by wantacontract

P.S HR is so slow at doing anything......................

For future reference: if HR are involved it will never be a B2B contract...

**thunderlizard** · 17 September 2006, 22:59

Just out of interest, which bits in the agency contract weren't acceptable as a direct contract?

Got a contract, but need some advice!!