Contracts exchange

**mudskipper** · 11 February 2016, 08:40

Originally posted by 7656 View Post

I have received a contract from an agency I am going to work with providing my services to an end client. My contract is with the agency.

I have reviewed the contract - all looks good. Hence signed, scanned and emailed it back. Now, I have a question. The contract also needs to be signed by an Employment Business (in my case the agency). However my multiple requests to them to sign this contract and email it back to me as well on the behalf of the Employment Business seem to be going nowhere - they keep saying "tomorrow", "later", "shortly".

Experienced IT contractors, has anyone here come across this? I am just concerned that the contract would technically be signed by me, but not by them and could become of no benefit to me in a case of a disput.

If they issued it, and you signed it unamended, they'd be hard pushed to argue that they did not agree to it. Push to get it back, but the contract will still stand if you don't.

Edit: As an aside, it's a good idea to get your contracts professionally reviewed. What looks good to the layman might not look so good to an expert.

**northernladuk** · 11 February 2016, 08:41

You say you've reviewed your contact and it looks good. How much do you know about contract law and IR35 to be sure it's good?

When are you due to start this contract?

**BrilloPad** · 11 February 2016, 08:42

When is the start date?

**SueEllen** · 11 February 2016, 08:45

I have had a couple of agencies who have refused to sign the contract. As long as you have agreed it, can prove the other party has a copy of it* and have a copy of it yourself when you start you are fine.

Why? Because if a contract isn't agreed properly the last written contract before services commence is the contract taken into consideration by law if there is a dispute.

This is why you are told not to start until the contract is agreed as it shows you have accepted the contract. On the other hand if the agency pays you then they have shown they have agreed the contract.

*I always send paper contracts back my at least recorded signed for delivery.

**7656** · 11 February 2016, 08:55

I have purchased full professional contract review from Qdos. The reviewer found some odd clouses and suggested to add several ammendments. The agency agreed to address all those things that were flagged up by Qdos. They have amended the contract which I was happy to sign. However I am not feleing comfortable that I do not have this contract signed by the agency as well. Any chance that the agency may turn around in the future and say "we never signed it, hence have no legal bindings with you", etc?

**northernladuk** · 11 February 2016, 08:59

Get them to confirm in an email they've received the signed contract. If you start work with that confirmation they've accepted it. Not a great situation to be in but it's enough.

**LisaContractorUmbrella** · 11 February 2016, 09:28

IANAL but I would think, at the very least, that there would be an 'implied' contract in force at the point that they are first paid by the end client

**TheFaQQer** · 11 February 2016, 09:43

A lot of agencies like to leave it to the last minute to send a signed copy, because they think that they aren't bound by it because you don't have a physically signed one.

They don't want to commit in case the client pulls the plug at the last minute.

**LondonManc** · 11 February 2016, 09:52

Originally posted by TheFaQQer View Post

A lot of agencies like to leave it to the last minute to send a signed copy, because they think that they aren't bound by it because you don't have a physically signed one.

They don't want to commit in case the client pulls the plug at the last minute.

+1

Usually it's 4pm on the day before you start. If they've issued the amended contract, then assume that the gig is going ahead. 99.9% of the time, they do.

Contracts exchange