IT Contract :- Legal Issues...Please help....

[Darren_Test]

Hi Guys,

I am in the middle of an IT contract Legal tussle..which might be very common..!! If some one faced this issue please help me ......

Story so far...

I signed a 6 months contract with XXX agent with £AAA/day to start on next Monday 19/11/2007 with 2 week's notice.

Today I have another contract from YYY which I attended interview before signing contract with XXX but for this role I have £AAA+50/day to start on This week

Location and other contract terms are similar in both cases.

I want to sign contrcat with YYY (IInd agency) which gives £50 more than XXX (first), But I already signed legal contract with XXX to start next week.

Can any one help me how WEAK my legal position is as I have to break a contract (which is not started)..

Any one faced similar issues...
Thanks in advance..

[Lewis]

My contract says under the termination section "either party may terminate without notice before the commencement date". Check yours for something similar ...

[Darren_Test]

Thanks Lewis,

But my contract unfortunately donot have such a provision...

Regards

[malvolio]

Thanks Lewis,

But my contract unfortunately donot have such a provision...

Regards

Go with the one you signed. Nasty brown stuff happens. Learn to live with it.

[TheFaQQer]

Find a replacement for the first one and exercise your RoS

[tim123]

Find a replacement for the first one and exercise your RoS

If it were that easy, neither the agent, nor the client, would care if the guy defaults as they would be able to find this person with the required skills who can start tomorrow. It's because finding an alternative easily is impossible that they will be annoyed.

To the OP. Not much will happen if you just cancel the gig now. You will be blacklisted by the agency (no big deal), the client (whether this is a problem depends upon how big your market is) and you will be given ear ache about being sued, which is almost certain not to happen.

tim

[NotAllThere]

Go with the one you've signed. If the second one was a possibility, then you should have delayed signing the first one, until you knew. As soon as you signed the first one, you should have informed the second party that you were no longer available.

Technically, you'll get away with it, probably. But it's not a good way to operate, and if you do it more than once, word will get around.

[Epiphone]

You're a professional. Act like one.

[chicane]

If you wanted to avoid the risk of legal action (unlikely as others have said), just ask the agent representing contract YYY if they're willing to wait another 2 weeks for you. Initially they'll say no, but chances are with the right words you can work them round to the idea.

If this approach works, phone agent XXX and tell them of your intention to hand in your notice on this contract on the first day, only working 2 weeks. They may cut you some slack and let you off the contract at this point, leaving you free to move to contract YYY.

If not, start the contract you've signed and hand in notice on the first day, finish two weeks later and start contract YYY. Not particularly professional, but it'll keep you away from the risk of legal action if nothing else.