Signed a contract yet to start - can i invoice?

**Sockpuppet** · 30 November 2006, 11:58

If the contract says that you should have started at X date and you are at home you can bill them.

I would otherwise they are taking the pish.

**Pondlife** · 30 November 2006, 12:02

If you do try and invoice then you are almost certainly IR35 caught.

What does your contract say? Does it have a start date? Is the client obliged to provide you with work or pay you regardless?

**Ardesco** · 30 November 2006, 12:09

I disagree about the blanket IR35 statement.

If you have a contract that says you are needed for X amount of time from X date to X date there is no reason why you can't invoice from the start date. It is not your problem that they haven't given you anything to do. You have signed a contract and both parties are bound to it.

I would be invoicing as it is time wasted where you are not earning otherwise and lets face it we can't just sit around earning nothing, if we could we wouldn't be working in the first place....

**Pondlife** · 30 November 2006, 12:39

Originally posted by Ardesco

I disagree about the blanket IR35 statement.

If you have a contract that says you are needed for X amount of time from X date to X date there is no reason why you can't invoice from the start date. It is not your problem that they haven't given you anything to do. You have signed a contract and both parties are bound to it.

I would be invoicing as it is time wasted where you are not earning otherwise and lets face it we can't just sit around earning nothing, if we could we wouldn't be working in the first place....

It comes down to MOO, i.e. the client is not obliged to provide you with work.

**chillyhippo** · 30 November 2006, 15:01

thanks for the advice guys. The contract is for a fixed period and does state a start and end date - I have scoured the small print and doesnt contain anything about an obligation to pay if I am not working - so thats a bit of a grey area. It feels like I'm being kept on a retainer without charging a fee ...yet

**XLMonkey** · 30 November 2006, 17:07

If the agency has signed the contract, and you have a signed copy, then you have the right to invoice in line with what the contract says. Unfortunately, the contract will almost certainly say that invoices must be supported by a timecard signed by the client. If that is the case, then you can invoice them, but they won't be obliged to pay.

On the other hand, if they have been foolish enough not to include a provision on timecards, then you could invoice them.

Best course of action is to send them a letter pointing out that they are in breach of contract, since they have delayed the start date of the assignment without your permission, and that you are looking for alternative contracts. You are not obliged to honour the contract if you find other work whilst you wait (though you can choose to honour it if you wish)

(oh, and start looking for alternative contracts. If the client is delaying the start date then this usually means they are having second thoughts about the whole thing).

**Ardesco** · 30 November 2006, 17:19

If you are opted in I belive you do not need to provide a signed timesheet, only a timesheet.

Anybody with a legal/accountancy background got anything useful to add?

**thunderlizard** · 30 November 2006, 19:36

You say you've signed it, but you don't say that the other party has. But if you do have a double-signed contract in your hand, I'd say go ahead an invoice.

**Denny** · 30 November 2006, 20:15

It's unlikely you could bill if you haven't yet started with the client, IR35 included or not. I wouldn't advise it if you want to be outwise IR35, because by not being paid or being refused payment, this is a risk factor that is a clear pointer to IR35 exemption.

This happened to me once. The contract date was pushed back a day. I negotiated with the EB to extend the contract by another day the other end. I thought this was better because the works to be completed are supposed to be estimated properly for how long they are likely to last (hence the contract end date is worked out from the start date). If you leave a day off the contract when it is late starting by a day because there is no work for you to do immediately, this implies that there was only ever the possibility of work given to you by the client as and when it comes up which is flexibly worked out according to the time spent on whatever is given you to make up the hours and days left to you, rather than finishing the job you were hired to do in the first place (again implied MOO).

Problem solved.

Signed a contract yet to start - can i invoice?