Contract renewal procedure

[MrWebDev]

I am probably going to be renewing at Client Co for a little while longer. I'm obviously coming to the end of my current contract. I was wondering how you all go about handling the contract side of renewals. I've read the thread below after some Googling around the forum. On my current contract under deliverables I am simply providing 'IT consultancy services', from what I've read in the below, I probably need to be more specific, would I be correct?

http://forums.contractoruk.com/busin...-jlj-case.html

N.B. I am operating outside IR35

[northernladuk]

Not if your current contract has a generic title in it like that you're not lol. Just kidding.

Did you get your contract reviewed by QDOS and the like. That's an absolute must. If all was OK with it then just confirmation of new deliverables and dates will be fine. I always push for a shiny new contract all reviewed and the like but isn't really needed.

[BolshieBastard]

Contractor to client and or agent; Hi, as you know my contract ends in about 4 weeks, do you know if you want be beyond this period with a new contract?

Client or agent to contractor; Sorry there wont be an extension \ yes, we need you to stay longer, we'll get the paperwork sorted.

Essentially.

[SpontaneousOrder]

I am simply providing 'IT consultancy services',

I got mine changed from something like that to be project specific. That way they have to (with a prompt) tell me the project is winding up and invite me to work on a different project. Unfortunately I accepted so it's not really a bullet proof MoO defense, but it would have allowed me to leave before my contract had technically expired.

[MrWebDev]

Contractor to client and or agent; Hi, as you know my contract ends in about 4 weeks, do you know if you want be beyond this period with a new contract?

Client or agent to contractor; Sorry there wont be an extension \ yes, we need you to stay longer, we'll get the paperwork sorted.

Essentially.

Sorry, I failed to point out that I'm direct, no agency involved. Client Co has already told me they're sorting out a renewal.

[MrWebDev]

If all was OK with it then just confirmation of new deliverables and dates will be fine. I always push for a shiny new contract all reviewed and the like but isn't really needed.

I'll issue a new contract, it's more the deliverables bit that I'm a little concerned about. Are you saying that in the deliverables you'd suggest I'd be a little more specific this time, or at least make it differ to the original contract, so it doesn't appear I'm just rolling on?

[northernladuk]

Two points here..

First the schedule.. Yes get some defined responsibilities... It is possible you could just be rolling on, the project might be late etc so won't be a problem as long as the schedule is in the first one. I am assuming it isn't for you? As SO says relate it to a project or programme so you don't look like a floating resource that gets given anything so blowing D&C and possibly MoO out of the water.

There is, however, a case where this might not be possible because you are being contracted as a floating resource or disguised as permie. If that's the case you are in trouble because of point 2 ..

Point 2 : Working practices trump the contract. Doesn't matter what you put in your contract. If the working practice is different it's worthless. The JLJ case failed because he came part and parcel and under control of the client. He could have had a water tight contract with masses of deliverables but it wouldn't have mattered. The reality of his situation counted.
When we are talking about detailing your schedule, if the working practice is different you are in a spot of bother.

Make sure all your contracts are checked by QDOS. You get three free a year if you have PI/PL with them. Make sure you are an IPSE+ member or look at something like TLC35 to be covered.

[MrWebDev]

There is, however, a case where this might not be possible because you are being contracted as a floating resource or disguised as permie. If that's the case you are in trouble because of point 2 ..

Point 2 : Working practices trump the contract. Doesn't matter what you put in your contract. If the working practice is different it's worthless. The JLJ case failed because he came part and parcel and under control of the client. He could have had a water tight contract with masses of deliverables but it wouldn't have mattered. The reality of his situation counted.
When we are talking about detailing your schedule, if the working practice is different you are in a spot of bother.

This was something I was aware of, thanks for reiterating it though. I feel the tighter I can make things though the better chance I stand I guess.

Make sure all your contracts are checked by QDOS. You get three free a year if you have PI/PL with them. Make sure you are an IPSE+ member or look at something like TLC35 to be covered.

I seriously think I'll be looking at getting IPSE+ membership, as I think the benefits it provides such 'tax defence' and the 'toolkits' are probably worth the money alone. If I was to take out membership, would you think that would be enough protection, or would you also look at something such as the TLC35 suggestion you made too?

With regards to the contract review this is included with my accountants services.

[SueEllen]

Is your accountant a lawyer?

One reason to use a contract review service is some of them look at other legal aspects not just IR35.

[TheFaQQer]

I seriously think I'll be looking at getting IPSE+ membership, as I think the benefits it provides such 'tax defence' and the 'toolkits' are probably worth the money alone. If I was to take out membership, would you think that would be enough protection, or would you also look at something such as the TLC35 suggestion you made too?

Some say one is enough, some say get both.

I'm in the second camp and always have been - PCG+ / IPSE+ and TLC35. For the price, it's a no-brainer to do it.

Someone will be along presently to say that the reason the premium is so low is because they won't ever pay out.

And if you do join IPSE - stick in IPSEMGM0005 as your referral code and you get a tenner (and so do I)