Client changes role - options for renegotiation?

[omen666]

I have been working with a client for a month of 3 month contract.

Its gone really well, I am project managing 2 of the client's customer facing projects and have made a good impact/impression.

This week the clients highest profile/value project went off the rails. The Director in-charge has called a crisis bootcamp and asked me to PM the run-in to implementation, taking over from the existing PM.

A compliment in many ways, he has 10 PM's at his disposal. But....

The client site is 1 hours drive from home. A commute I am comfortable with. They were very tough on rate, but having had 6 months off, I was happy enough and it has been fun getting back into the swing of things.

The problem is the client's customer site, where they are expecting me to be every day, is a minimum of 2 hours drive, so far this week the average is 2.5hrs, one journey took 3hrs 15 mins.

So the problem I have is...

1. My expenses have more than doubled.
2. I am on a daily rate, but am now working long hours and driving for a minimum of 4 hours a day. I left my house at 0630 this morning and got home tonight at 2115!
3. Weekend working! D'oh nothing in contract! My fault, put you don't know till you arrive on site and find out the cust expects it of its staff when needed. I know I am not staff, but as a PM to be effective and lead the team you need to show you are prepared to be there with them.

I want to discuss this change of circumstances with the client and propose commercial compensation for the great change in the role/logistics. But like most of our contracts there is no definition of my location, hours or clauses to cope with this drastic change.

How do you think I can handle this? I have spoken to the Agent, they seemed supportive (i.e. more money for them).


Crickey....what an essay!

[Lucifer Box]

I've been in this situation myself. You are only on a 3 month contract so my advice is to put up with it for the time being. Don't talk to the agent about it at all at this stage, as they do not have your best interests at heart and will drop you in it. When it comes to renewal time, which will probably only be in a month's time (ss you are doing so well, then we can assume this is a done deal), you mention the extra responsibility, inconvenience, etc and negotiate a higher rate.

Moaning about it now will only get you branded as inflexible. Come renewal time you have the whip hand. They either have to stump up some extra readies or see a valued pair of hands walk.

On the other hand, have you considered that you may be being "fitted up" with this struggling project? I've also seen that done before. Stick the contractor in charge of the failing project then your programme manager can blame "bloody contractors" and keep himself a reasonably clean sheet.

[The Lone Gunman]

It depends on what your original contract said.
Did it stipulate the projects to be worked on or did it just state "will act as a project manager".
Neither the agent nor the client can vary the terms without permission from you.
Taking on this project without a contract change is a pointer to MOO under IR35 (bad pointer). If you are doing it as good will then at least get something in writing that states it is outside the contract terms but you will do it as good will. Send an email to your agent and client and cc it to yourself as evidence. Pointing out the "differences", location, travelling, extra work over and above the 2 you are already doing etc.

I agree with Luci. Do it as good will then use it as leverage come renewal.

[Rebecca Loos]

I agree with all of the above. It happened to me as well on with my current client. I waited till renewal time and then got a better deal. Basically you could maybe, in theory, renegociate now, but it may create a bad feeling between you and the client. Whereas if you wait (and it's not that long a wait) and then renegociate terms like a proper, flexible, customer-oriented businessman/woman, then you look much better in the clients eyes.

That assumes, of course, that you are likely to get extended - if you feel that they're only using you for this short 3 months period, then maybe a different course of action would be more appropriate.

[omen666]

Spoke to client. Don't think this is a setup.

Went with just saying happy to help him with his problem and nothing needed, but its just a lot of driving. They offered to put me in a hotel for a couple of nights a week.

Did some digging on contract and good news....I am on a daily rate for the first 7.5hrs and then my time is billed hourly, so I am getting paid for the long hours.

I think the general advice was good, come renewal discussions I will be in a better position to leverage the good will.

Thanks everyone.

Working Monday

[Lucifer Box]

You're welcome, Omen666, I'm glad the advice was useful. Good luck at contract renewal time and keep us posted as to how it goes.

Lucifer.