Working at Risk

[Lance]

I don't think that follows. Since there is no written contract, then there can't be any failure of deliverables or it services that are written into the contract. You might well not warrant your work, even if you have a written contract. b), c) and d) may be in existence with a non-written contract.

Put it the other way, PI protects you from being sued for not meeting quality etc. If there's no written contract, you can't be sued for not meeting deadlines or producing high quality deliverables.

IANALE (IANAL either).

following you line of reasoning then the client would fail to hold you to the deliverable without a contract therefore insurance is a moot point. And I cannot disagree with that.
Either way it's a murky area and not one I'd like to be sat in for very long. And similar to Sue Ellen's point, what do you dispute without a written contract. Although I'd take her comment one stage further and say that as the OP new supplier hasn't offered a contract then the default acceptance by being onsite is also very murky.

The old supplier are no longer contracted, and no new contract offered I'd say there's no implied contract at all.

[vwdan]

following you line of reasoning then the client would fail to hold you to the deliverable without a contract therefore insurance is a moot point. And I cannot disagree with that.
Either way it's a murky area and not one I'd like to be sat in for very long. And similar to Sue Ellen's point, what do you dispute without a written contract. Although I'd take her comment one stage further and say that as the OP new supplier hasn't offered a contract then the default acceptance by being onsite is also very murky.

The old supplier are no longer contracted, and no new contract offered I'd say there's no implied contract at all.

Realistically, how descriptive are you deliverables normally? Most of my Statement of Works have been pretty much one liners.

[Lance]

Realistically, how descriptive are you deliverables normally? Most of my Statement of Works have been pretty much one liners.

Agreed. They're not very descriptive. Still better than nothing at all though.

Having been in court, and there was no contracted description of the quality of work required meant that the judge ruled that quality was therefore not a factor to withhold payment.
I wouldn't like to be in court, on either side, with no statement of work at all.

[TheFaQQer]

My question is this, how long would you continue working on-site without sight of an actual contract? I will remain professional and continue to deliver, but I'm wondering if, after a month, it's reasonable to start working from home. I'm actually not sure what to do as I've never been in this position before. Part of me says carry on regardless, whilst the other part would like to apply a bit of pressure.

I wouldn't be working on site, and I'd be updating the CV and looking for other work. I would also make sure that the client knows about the situation, since government clients like to know that the people that are working there are meant to be there.

The only time I've worked at risk, client was working out what the project future was going to be and so I waited. But in the meantime I was looking for other roles, and I was working from home so it cost me nothing to be working, with significant upsides if it all came off. If I'd downed tools, they wouldn't have called me back in. But the key thing here was that it was costing me nothing at all to do work on the project, whereas you have some degree of costs to bear if you continue there.

[donjuan75]

Thanks

All very helpful. I did help write the SoW and sent this at the end of August. I also have a decent email trail between this programme and the new supplier stating I would be transferring, plus other details such as rate agreed etc. There's also an email confirming receipt of this on Sept 4th, from the new supplier.
That's enough to give me confidence this will happen. However, beyond the end of this month I'm not spending any more on travel (£480 a month) until this is resolved, as that's just risk on top of risk.

[northernladyuk]

All very helpful. I did help write the SoW and sent this at the end of August. I also have a decent email trail between this programme and the new supplier stating I would be transferring, plus other details such as rate agreed etc. There's also an email confirming receipt of this on Sept 4th, from the new supplier.
That's enough to give me confidence this will happen. However, beyond the end of this month I'm not spending any more on travel (£480 a month) until this is resolved, as that's just risk on top of risk.

Are invoices being paid?

[donjuan75]

Are invoices being paid?

No. I have no means of even submitting invoices as I'm not yet registered on their system officially! I've done everything on my side. They sub it all out to Experis. Just waiting for confirmation that I'm 'live' with them.

[SueEllen]

No. I have no means of even submitting invoices as I'm not yet registered on their system officially! I've done everything on my side. They sub it all out to Experis. Just waiting for confirmation that I'm 'live' with them.

I would down tools until everything is sorted out.

[northernladyuk]

No. I have no means of even submitting invoices as I'm not yet registered on their system officially! I've done everything on my side. They sub it all out to Experis. Just waiting for confirmation that I'm 'live' with them.

Hmmmm. Create your own invoice and send it in for the 2 / 3 weeks you've already done. Get a response somehow from them if you can.

[FrontEnder]

Hmmmm. Create your own invoice and send it in for the 2 / 3 weeks you've already done. Get a response somehow from them if you can.

You could do your own timesheets too. This could be a tactic to get some evidence in case you end up having to go down the collections/court route.

If there's someone around at the new consultancy who would sign your timesheets, send them an email saying as you haven't had everything sorted you're reverting to manual timesheets or something. send them a doc (freeagent can generate these if you're using it) and ask them to approve. Then invoice.

This isn't personally what I'd do, as others have advised I wouldn't be working at all, but since you've done the work already, you need to try to get the evidence.