Backing out of a verbally (and via email) agreed contract.

**CoolCat** · 26 November 2018, 12:12

Originally posted by Syd View Post

Hi chaps,

Similar questions have been answered on this forum but not exactly my situation.

My contract at my current client is ending soon.
So I got an offer at a new client that I accepted verbally and via email but specifying that I need to confirm the start date. I didn't sign the contract as I don't even know the start date yet.

Current client wants me to stay (and offer me the exension) and offers me a huge increase vs the new contract.

Can I back out of the new contract easily?

if you have agreed everything but start date, and want to back out, simply push for a start date of say April 2035... they will be unlikely to hold you to the contract even if they could enforce it

**northernladuk** · 26 November 2018, 12:15

Originally posted by Syd View Post

Can I back out of the new contract

Yes

easily?

Possibly. You'll have a really annoyed agent on the other end of the phone but there isn't anything he can do. There is a good chance he'll threaten you with court action and you'll never get work as a contractor again. You have technically let him down so he's likely to blow off some steam. That's all it is though so just tell him the score (as soon as possible) and then ignore his tantrum.

Or if you want to look like a pillock, take Coolcats advice..

**CoolCat** · 26 November 2018, 12:19

Originally posted by northernladuk View Post

Yes
Possibly. You'll have a really annoyed agent on the other end of the phone but there isn't anything he can do. There is a good chance he'll threaten you with court action and you'll never get work as a contractor again. You have technically let him down so he's likely to blow off some steam. That's all it is though so just tell him the score (as soon as possible) and then ignore his tantrum.

Or if you want to look like a pillock, take Coolcats advice..

my advice is simpy way to play any actual legal proceeding, which are unlikely. but in first instance just tell the agent you dont want to play.

**vwdan** · 26 November 2018, 12:23

Legally there's a whole bunch of ways you can extract yourself - pushing start dates, offering substitutes etc.

In real life, just be upfront and honest that you're no longer able to provide your services for the contract. It'll piss the agent off, maybe the client too so be aware of that depending on the client especially.

Make sure not to fall foul yourself, though - get your extension signed and sealed first.

**northernladuk** · 26 November 2018, 12:46

Originally posted by CoolCat View Post

my advice is simpy way to play any actual legal proceeding, which are unlikely. but in first instance just tell the agent you dont want to play.

Did your dog type that for you?

**CoolCat** · 26 November 2018, 13:21

Originally posted by northernladuk View Post

Did your dog type that for you?

woof

**WordIsBond** · 26 November 2018, 14:05

Are you going to have trouble sleeping at night because your conscience bothers you that you backed out on your word? Is it going to hurt your career long term to cancel by burning important bridges? If so, you might be best taking the lower paying contract anyway.

Technically, a verbal contract is legally binding. Practically, it's almost impossible to enforce. The fact that you backed it up via email makes it easier to enforce. The fact that a start date isn't agreed makes it pretty much impossible to enforce.

Practically, they probably don't want you, if you don't want to be there.

Did your new agreement include the right of substitution? Do you know anyone you can send who would be good? If so, you might subcontract it to him and take £25/day for helping him find the role.

If substitution wasn't discussed, just tell them you'll be sending a substitute anyway. If they say, 'No way,' you can say, 'Well, you didn't tell me I couldn't use substitutes. Sorry, I'm not interested. MyCo won't enter into contracts where we can't send a sub.'

One other question -- if money were equal, would you prefer the new gig? If so, maybe you can use the renewal offer to leverage a higher rate for the new gig. They might not like it but people tend to understand if someone gets an offer for a lot of money that they want to take it.

**TheCyclingProgrammer** · 26 November 2018, 15:32

Just tell the agent you can't do it anymore. I don't expect it will go any further than that. You may burn your bridge with the agent but that's not a certainty.

In future, its far simpler to just say that you "tentatively accept to the proposed offer, subject to agreeing terms" which gives you an easy get out as it clarifies that there's no actual contract in place.

**Eirikur** · 26 November 2018, 16:20

Yes just say because they couldn't provide a start date you had to accept another offer. They won't like it but that's life

Backing out of a verbally (and via email) agreed contract.