What would you bill for this?

**Eirikur** · 22 August 2023, 09:55

If contract 1 is month by month just continue, a month is survivable. I would just continue running both contracts.

**ladymuck** · 22 August 2023, 09:56

Morally justifiable answer: If the contract is deliverables based and you're not delivering anything then what are you billing for?

The best way to help you keep your outside status is by not billing when you're not working. However, I presume you have to check into the client's systems to see if the work is ready to start so I can see a nominal charge being made for this. Maybe half a day?

**BlueSharp** · 22 August 2023, 09:57

Originally posted by KinooOrKinog View Post

I've been managing two contracts for the last three weeks.

Contract 1 is currently a bit of a dogs dinner and I haven't had much to do because I'm waiting for others to complete a piece of work before I can continue. I've been there about four months. Was originally a three month contract, extended once by a month.

Contract 2 I haven't had much to do because it's a new contract and it's taking a while to get going. Started on 1 August. All fine.

My issue is that the first one is struggling to complete the work they need to on time and they asked me about the possibility of staying on longer. I don't want to stay any longer but the thought of potentially handing the work over is more stressful than actually completing it myself, so I didn't say no. I told them that I would have another contract next month and wouldn't be able to manage both full time, hoping that would provoke them into getting their finger out and doing what they need to do. They didn't though, they asked if I could manage, say, two days a week for an additional month. I've said yes, I could do that.

I think I know the answer, but interested in people's views. My question is, would you bill for the two days a week regardless if any work is done, or only bill for the days I actually work? Both my contracts are outside IR35, based on deliverables.

Word the contract so that you can bill them as a retainer for 2 days a week with the ability for them to roll over 1 day to another week if no work is provided. Even if you have not delivered there are admin overheads still incurred in project management.

**northernladuk** · 22 August 2023, 10:00

You are going to get two answers. Those that think they are entitled to bill both because they can and those that will only bill for work done. I'm the latter. You do state both contracts are based on deliverables which is what you get paid for. No work, no deliverabels so no billing IMO. You can't have it both ways. Billable on delivery but in between billable on days? I'd say no.

I think you've already got a sweet setup there that they are willing to keep you on and give you work when they are ready. The work will appear and you will get paid so just sitting an waiting isn't a big deal. Why push it to far for the sake of a few days.

Only you know but I've a feeling when the work appears they are gonna want it doing quick and hard which could really interfere with the new gig when it gets going but that's for you to manage.

**jamesbrown** · 22 August 2023, 10:19

The answer to your question should be somewhere within your contract wording, unless the contract itself is a dogs dinner, so it's odd that you are asking it here. That said, a typical contract is T&M for time actually spent or fixed price for deliverables actually delivered so, unless you have a retainer-like agreement whereby payment is independent of work requested/done, the answer is obvious: no, you should not get paid. Of course, the client may not understand their own contract, so it's not impossible that you get away with it.

**dsc** · 22 August 2023, 11:18

Originally posted by KinooOrKinog View Post

[...]I don't want to stay any longer but the thought of potentially handing the work over is more stressful than actually completing it myself, so I didn't say no. [...]

Hmm, what? why?

**KinooOrKinog** · 22 August 2023, 11:46

Originally posted by dsc View Post

Hmm, what? why?

Why what? Why do I not want to stay, or why did I not say no?
I don't want to stay because the culture and client is a bit of a nightmare. I didn't say no because handing the work over will be more stressful than doing it myself.

**dsc** · 22 August 2023, 12:56

Why is the handover more stressful? If the client is tulip, I'd write up a document for the handover and get the hell out.

**northernladuk** · 22 August 2023, 13:06

Originally posted by dsc View Post

Why is the handover more stressful? If the client is tulip, I'd write up a document for the handover and get the hell out.

I would have normally agreed. It wouldn't make sense to me but I had to exit my last client fairly quickly after two years and the handover was just massive. I was more stressed handing over a very complex piece of work than I would have just carrying on. What I have to say is though, it's very short term and no one will give a monkies if you've done it well or just chucked it over the fence when you've gone so it's very personal pressure.

But still, handing over shouldn't be more hassle and even if it is just grit your teeth and get it done. It will be over shortly, you'll not understand why you got so flustered over it once you are gone and you are going get trash talked by the client whatever you do.

What would you bill for this?