Agency have put wrong daily rate on contract and have only just noticed...2 months in

[contractmonkey]

History:

I started a 6 month contract 2 months ago and had agreed a rate (x) with the agency. When my contract came through it was rate (y) (an additional £100 per day.) The agency have effectively put the client rate down that they are charging me out at rather than what I agreed with them. The agency and I signed the contract and they have been paying my rate (y) for the last 2 months. However, they've just realised what has happened and are now panicking.

I'm looking for people's onions here. I figure my options are listed below. I don't want to hear the usual "you agreed a rate with them blah blah blah," I'm interested in what you think of my options / questions below and if you can think of any others :-)

Option 1
The honest part of me says let them re-issue the contract, we come to some agreement about me paying back the extra money and leave it at that.

Option 2
They re-issue the contract, write off the difference between rates as a gesture of good will and I carry on with a new contract.

Option 3
Screw them. They made the mistake and I reap the rewards. Not sure if they could make my life difficult with the client though. Can the agency give me notice or does that have to come from the client?

Option 4
Get the agency to cancel the contract and go direct with the client at a new improved rate for both client and me. As it would be the agency cancelling the contract would that mean this is a workable option?

Thoughts, comments, suggestions welcome.

[washed up contractor]

If they had underpaid you, you would rightly expect them to pay you the right rate. The fact the mistake is in your favour doesnt alter the fact a mistake has been made.

Yes, it is an agency but would you consider it right if you'd been underpaid the rate and the agent said, right it off?

I know what Id do.

[l35kee]

Depends if you want to get any work from them in the future. Personally I'd push for 2..

[northernladuk]

I started a 6 month contract 2 months ago and had agreed a rate (x) with the agency. When my contract came through it was rate (y) (an additional £100 per day.) The agency have effectively put the client rate down that they are charging me out at rather than what I agreed with them. The agency and I signed the contract and they have been paying my rate (y) for the last 2 months. However, they've just realised what has happened and are now panicking.

They've cocked up, you've cocked up. Interesting.....

I'm looking for people's onions here. I figure my options are listed below. I don't want to hear the usual "you agreed a rate with them blah blah blah," I'm interested in what you think of my options / questions below and if you can think of any others :-)

Why don't you want to hear it. It's a big part of the situation....

So I would say, Option 2 for an easy ride and the original status quo is reached. They'll argue like stink but can't see they've a leg to stand on. You not reading your contract properly wasn't smart and complicates things though as you aren't the totally innocent party in all this.

If it really gets nasty with Option 2 and you are facing the bench at some point I'd consider option 1. You've not actually lost anything and are hardly white as snow in all this but only after a very good shot at option 2. To save the gig I'd go with option 1.

No way option 3. You screwed up as well. Your contract is with the agency. They can terminate it as they see fit. You have no relationship with the client. Bit stupid of them as the client will be less than impressed but they won't keep you on and make a loss either.

Handcuff will mean option 4 won't work.

[contractmonkey]

They've cocked up, you've cocked up. Interesting.....



Why don't you want to hear it. It's a big part of the situation....

So I would say, Option 2 for an easy ride and the original status quo is reached. They'll argue like stink but can't see they've a leg to stand on. You not reading your contract properly wasn't smart and complicates things though as you aren't the totally innocent party in all this.

If it really gets nasty with Option 2 and you are facing the bench at some point I'd consider option 1. You've not actually lost anything and are hardly white as snow in all this but only after a very good shot at option 2. To save the gig I'd go with option 1.

No way option 3. You screwed up as well. Your contract is with the agency. They can terminate it as they see fit. You have no relationship with the client. Bit stupid of them as the client will be less than impressed but they won't keep you on and make a loss either.

Handcuff will mean option 4 won't work.

At no point have I made a mistake. I did read the contract and and was prepared to see where it lead. It's now lead to this, hence my options/questions.

[contractmonkey]

Depends if you want to get any work from them in the future. Personally I'd push for 2..

Unlikely but you never know. I did some work for them over 15 years ago so what goes around comes around could well apply

[northernladyuk]

History:

I started a 6 month contract 2 months ago and had agreed a rate (x) with the agency. When my contract came through it was rate (y) (an additional £100 per day.) The agency have effectively put the client rate down that they are charging me out at rather than what I agreed with them. The agency and I signed the contract and they have been paying my rate (y) for the last 2 months. However, they've just realised what has happened and are now panicking.

I'm looking for people's onions here. I figure my options are listed below. I don't want to hear the usual "you agreed a rate with them blah blah blah," I'm interested in what you think of my options / questions below and if you can think of any others :-)

Option 1
The honest part of me says let them re-issue the contract, we come to some agreement about me paying back the extra money and leave it at that.

Option 2
They re-issue the contract, write off the difference between rates as a gesture of good will and I carry on with a new contract.

Option 3
Screw them. They made the mistake and I reap the rewards. Not sure if they could make my life difficult with the client though. Can the agency give me notice or does that have to come from the client?

Option 4
Get the agency to cancel the contract and go direct with the client at a new improved rate for both client and me. As it would be the agency cancelling the contract would that mean this is a workable option?

Thoughts, comments, suggestions welcome.

You agreed a rate with them blah blah blah.




Only kidding. Option 2 seems like the decent thing to do on both sides. Agency may not see it like that.

[northernladuk]

IMO you are missing the best option.

100 quid sounds like a very high markup to me. Why don't you negotiated a better rate, let's start at 50 on your rate, maybe accept 25 quid. You offer to give them back the difference from the last 2 months ad a gesture of good wi and then continue on the new rate. They get more than enough and you actually make more over the whole engagement than you would squabbling over two overpayments you weren't really due anyway. You win, they win(ish), client need never know and your contract isn't at risk.

[BlasterBates]

It was a mistake in the wording of the contract, that means you owe them the money. If it goes to court you will be asked what was verbally agreed and you will have to pay the money.

[jmo21]

Option 2
They re-issue the contract, write off the difference between rates as a gesture of good will and I carry on with a new contract.

Who are you suggesting write off the difference?? you or them?