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Continuing in a role without a contract

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    #11
    Originally posted by ChimpMaster View Post
    So, having been in a contract (with formal contract) for a few months/years but then a renewal isn't formally signed and the client just carries on using your services and you keep billing. Is there an implied contract of services in that case?
    As long as there is an agreement, then there is a contract. And that agreement can be made through conduct - see Brogden's case for details.

    So if the client continues to use your services, and you continue to provide them without a written contract, then you'd have a reasonably easy time in proving that the contract existed at the time. Where it might be hard is if one party terminates and the other attempts to hold them to a written clause in the previous contract. I'd expect the old terms to apply (after all, that is what is in place that you are both clearly working to), but it might be a harder argument.
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      #12
      Originally posted by psychocandy View Post
      Beware of this. Get an email at least from agent and/or client.

      I had this once or twice. Client got a bit arsey because I wasn't going to show so I insisted on either an email from them or agent. Suddenly they didnt have time to do this so I told them to call me when they did.

      Day or two later it was sorted but found out that a year or so ago they'd shafted another contractor. Worked a week, then said oops sorry we've not got the budget so cant pay you for that week.
      That is pretty cynical but is an apt demonstration of the risks involved in working with no contract.

      If you are offered a verbal extension and you agree then you have entered in to a contract, but as has rightly been pointed out in the event of a dispute a verbal contract will be largely worthless.

      You should always get something in writing from the party YourCo has a contractual relationship with. Even a cursory "can you extend for another week" email exchange would help demonstrate a continuation of the existing contractual relationship.
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        #13
        Originally posted by Safe Collections View Post
        That is pretty cynical but is an apt demonstration of the risks involved in working with no contract.

        If you are offered a verbal extension and you agree then you have entered in to a contract, but as has rightly been pointed out in the event of a dispute a verbal contract will be largely worthless.

        You should always get something in writing from the party YourCo has a contractual relationship with. Even a cursory "can you extend for another week" email exchange would help demonstrate a continuation of the existing contractual relationship.
        Agree. If client baulks at the suggestion of spending two minutes emailing you saying "yes we would like to extend your contract"
        then theres something badly wrong.
        Rhyddid i lofnod psychocandy!!!!

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