substitution clause help.

[young veteran]

hi all, need some help here,

had my contract reviewed and ive been advised to add a substitution clause. who does this, me or the client im working directly for? and if its me can anyone help?

thanks in advance.

[Bluebird]

hi all, need some help here,

had my contract reviewed and ive been advised to add a substitution clause. who does this, me or the client im working directly for? and if its me can anyone help?

thanks in advance.

It depends who your Ltd co have the contract with - is it an agency or the end client ?

Clause should read somethinglike "If for any reason the Service Provider [ which is your co ] cannot provide the Services detailed in this contract, then the Service Provider will provide a siutable replacement who can provide these services"

[young veteran]

[QUOTE=Bluebird]It depends who your Ltd co have the contract with - is it an agency or the end client ?

Thanks, it is with the end client.

[TheFaQQer]

Join the PCG and see what's in their sample contracts. Or join Qdos and see what's in theirs.

Sample clause:

"In the event that the Contractor is unable to provide any part of the Services for whatever reason, the Contractor shall offer a substitute of equivalent expertise and the terms of the Assignment shall contain identical obligations to those imposed by this agreement. The Contractor shall ensure that the Substitute fully understands the requirements of the services and the progress already made and shall continue to invoice the Company and shall be responsible for the payments of the substitute. In the event that the Contractor cannot provide an acceptable substitute the Company is entitled to terminate the Agreement forthwith.

For the avoidance of doubt, the relationship between the two parties is not one of employer/employee. The Contractor is not prohibited from undertaking other contracts whilst on this assignment."

or

"In the event that the Sub-contractor’s Representative finds itself unable to provide the whole of any part of the Specified Services for whatever reason, the Sub-contractor shall offer the Client a substitute (“the Substitute Representative”) of equivalent expertise to work in the initial Representative’s place. The Client has the right to refuse to accept the Substitute offered on any reasonable grounds in which case the Sub-contractor shall offer a further Substitute. If the Client finds the Substitute acceptable, the Sub-contractor shall provide and overlap period of up to […ten…] working days during which time the Sub-contractor shall ensure that the Substitute fully understands the requirements of the Client and the progress made in providing the Specified Services. The Sub-contractor shall not charge the Client any extra sum for this overlap period. Thereafter, Sub-contractor shall continue to invoice the Client and shall be responsible for the payments and expenses of the Substitute. In the event that the Sub-contractor cannot provide an acceptable Substitute, the Client is entitled to terminate this Agreement forthwith."

should do it.

I would put the clause in the contract yourself, then send it to the agency / client and see what they say. Don't start work until you have an agreement in place, though.

[TheFaQQer]

Thanks, it is with the end client.

Then get hold of the standard PCG contract for going direct to a client, and use that one then. No need to have it reviewed if you do that.

[young veteran]

Thanks guys, how would i approach this, my accountants - SJD recommended i do this, do i ring the client and ask them to insert this?

Thanks for your patience im still wet behind the ears

[Bluebird]

Thanks guys, how would i approach this, my accountants - SJD recommended i do this, do i ring the client and ask them to insert this?

Thanks for your patience im still wet behind the ears

you can do, or just alter the contract that they have sent you.

con't forget in the arrangement between your co and the client it's an equal contract - nobody can "force" terms on the other party.