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Contract Terminated Before Start Date

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    Contract Terminated Before Start Date

    Hi,

    I have a signed contract with my client using the Direct with end client contract template. 2 days prior to commencement of that contract they have told me that they no longer want me to start with them. The contract states a 4 week notice period both ways. Can I enforce this even though I haven't started with them and if so how?

    Thanks in advance!

    #2
    You could try. They might give something. But legally you don't really have a leg to stand on as they don't have to provide you with work. You'd also burn your bridges and probably never work with them again. If you can demonstrate loss, then you might have a case, but it is marginal.

    Welcome to contracting.

    Oh, and the question of notice periods is discussed here again and again. Have a search and read other people's experiences.
    Down with racism. Long live miscegenation!

    Comment


      #3
      This part of Clause 15.2 is the important one here

      Both parties agree and intend that there be no mutuality of obligations either during or following the agreement, whatsoever.
      That means that the client isn't required to give you work which means there is zero need for them to pay you.

      You could point out that you have turned down over work to ensure this project could start on time and ask for a cancellation fee but the end client is under zero obligation to pay you anything.
      merely at clientco for the entertainment

      Comment


        #4
        You are lucky they even told you that you weren't needed anymore. Lots of the time you just get ghosted. Move on.

        Comment


          #5
          Originally posted by eek View Post
          This part of Clause 15.2 is the important one here



          That means that the client isn't required to give you work which means there is zero need for them to pay you.

          You could point out that you have turned down over work to ensure this project could start on time and ask for a cancellation fee but the end client is under zero obligation to pay you anything.
          If of course the contract had been altered to include a fee for termination of the contract then something could potentially be claimed.

          This is not uncommon in some business areas, although I doubt if a contract savvy client would agree to it.
          And even if you had a client that didn't read it, they would be mightily aggrieved if anyone tried this on them.
          It's just not good business.
          See You Next Tuesday

          Comment


            #6
            Originally posted by Lance View Post
            If of course the contract had been altered to include a fee for termination of the contract then something could potentially be claimed.

            This is not uncommon in some business areas, although I doubt if a contract savvy client would agree to it.
            And even if you had a client that didn't read it, they would be mightily aggrieved if anyone tried this on them.
            It's just not good business.
            What part of the word Ask did you not quite understand.

            Chances are it won't get anywhere at all but you never know - a company may pay money to keep the business relationship going (I've seen it go both ways) and if nothing else simply phoning up to discuss it may allow you to find out what has changed that resulted in the project being cancelled.
            merely at clientco for the entertainment

            Comment


              #7
              Originally posted by eek View Post
              What part of the word Ask did you not quite understand.

              Chances are it won't get anywhere at all but you never know - a company may pay money to keep the business relationship going (I've seen it go both ways) and if nothing else simply phoning up to discuss it may allow you to find out what has changed that resulted in the project being cancelled.
              don't get yer knickers in a twist.

              I wasn't disagreeing, just adding a thought around contracts being written/altered to meet expectations of one or both parties.
              If you want to be definitely paid for early termination, then get it added into the contract. As a fixed sum not time and materials.

              And yes. Many companies will pay a notice period, although in this case, when terminated prior to commencement I doubt it.
              See You Next Tuesday

              Comment


                #8
                Deleted
                Last edited by Paralytic; 26 January 2021, 10:00.

                Comment


                  #9
                  Originally posted by Paralytic View Post
                  Deleted
                  Only 1786 to go.. Hurry up.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by Paul Hopkins View Post
                    Hi,

                    I have a signed contract with my client using the Direct with end client contract template. 2 days prior to commencement of that contract they have told me that they no longer want me to start with them. The contract states a 4 week notice period both ways. Can I enforce this even though I haven't started with them and if so how?

                    Thanks in advance!
                    As all others have said, plus, what is also said elsewhere is, 'Keep applying until the day your feet are under the table.' Even if the table only happens to be your kitchen table in these rarefied times.

                    Indeed, keep applying until after the first week. One never knows the fickle minds of those hiring. Case in point, I was terminated four days in to a contract, because they decided after all, a lesser day rate and going Inside was actually the right way, according to their latest thinking.

                    Don't burn bridges, chin up.

                    Comment

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