Newbie - So who writes the 'contract'? Getting it watertight.

[The GreenFox]

Hi everyone.

I have been browsing this forum for some time now and looking to move into the contracting arena in three months.

I have a few questions but one burning one at the moment is where do you get your contracts written up? Is one presented to you by a client or do you present it to the client? Do you take it away to read every word and suggest amendments where necessary? How long does this negotation phase take? Does it differ when you have an agent acting as a third party?

I'm trying to understand if acting as a single contractor is as similar as acting as a potential employer, or, as a fully fledged professional business toting for a contract.

I'm keen to not rush in and accept any old gumph at the beginning due to not following a rigorous contract writing \ checking \ negotiating phase.


Any wise words are much appreciated.

Thanks!

NB

[EVI]

Hi everyone.

I have been browsing this forum for some time now and looking to move into the contracting arena in three months.

I have a few questions but one burning one at the moment is where do you get your contracts written up? Is one presented to you by a client or do you present it to the client? Do you take it away to read every word and suggest amendments where necessary? How long does this negotation phase take? Does it differ when you have an agent acting as a third party?

I'm trying to understand if acting as a single contractor is as similar as acting as a potential employer, or, as a fully fledged professional business toting for a contract.

I'm keen to not rush in and accept any old gumph at the beginning due to not following a rigorous contract writing \ checking \ negotiating phase.


Any wise words are much appreciated.

Thanks!

NB

You're overthinking it. The typical steps are (assuming the role is via an agency):

1. Secure a gig
2. Agency send you contract
3. You get it reviewed
4. Negotiate changes if required and sign when happy

[jamesbrown]

It depends how much leverage you have. It's always preferable to use your own T&C but, if you're working via an agency, it's typical to have a draft provided, which should then be reviewed for legal and IR35 issues and revised. Consider joining IPSE and using one of their contract templates if you have the leverage:

https://www.ipse.co.uk/advice/articles/contracts

[northernladuk]

Please make sure you read all the guides to the right, particularly the ones for new contractors.

[Contreras]

Via an agency:-

The agent will supply the contract, between YourCo and AgentCo. There will be a separate contract between AgentCo and ClientCo that usually you don't get to see. When agreeing basic terms (rate, start date, etc.) *always* do so "subject to contract", and *never* be persuaded to start on-site until you have a contract that you are happy with.

Direct to client:-

Smaller companies and start-ups may be amenable to you setting the terms. QDOS and IPSE have templates you can use. For smaller piecemeal work you could even work with a PO from the client. Larger co's, those with an HR department, typically will want to use their own contract and it's hit and miss how well this will reflect a B2B relationship.

Edit: and if you want to get a better feel for things download the QDOS/IPSE templates and see for yourself. I think both come with guidance notes and rationale.

[tarbera]

Newbie - So who writes the 'contract'? Getting it watertight.

Also remember a notice period is irreverent by the client - it might say 4 weeks, in reality it's 0 days you won't get paid to sit at home and clients can/will terminate at the drop of a hat and you will get zero dosh

[The GreenFox]

Thanks everyone.

tarbera - i'm not sure what you mean here. What's the point of a contract stipulating a notice period when the client is allowed to terminate you at the drop of a hat?

NB

[northernladuk]

Thanks everyone.

tarbera - i'm not sure what you mean here. What's the point of a contract stipulating a notice period when the client is allowed to terminate you at the drop of a hat?

NB

They can effectively terminate you immediately but it doesn't happen very often. Most have the decency to honour it. Tarbs is just pointing out working your notice isn't always a given in contracting.

[The GreenFox]

They can effectively terminate you immediately but it doesn't happen very often. Most have the decency to honour it. Tarbs is just pointing out working your notice isn't always a given in contracting.

OK, Thank you !