I need to write a contract

[d000hg]

My company has taken on a small project as development lead/manager. I am responsible for providing an application as well as some custom artwork, the idea being I will sub-contract out whatever I need.

The owner asked me to draw up a contract and this isn't something I've done before. Can anyone point me to some templates I might look at? I'll also need contracts between me and my subcontractors too.

One thing we haven't discussed is exactly how subcontracting will work in terms of payment. He is quite happy for me to do this, but I'm not sure if I should be simply passing on bills from subcontractors or actually paying them myself and then billing for "artwork services" at some agreed rate. If I can find an artist who will work for $10/hr and charge his time out at $25/hr then obviously this is great for me but if I agree a fixed rate for artists at $25/hr in the contract and then can't find one for less than $30/hr, I'm suffering.

Any advice on this kind of thing?

[oracleslave]

My company has taken on a small project as development lead/manager. I am responsible for providing an application as well as some custom artwork, the idea being I will sub-contract out whatever I need.

The owner asked me to draw up a contract and this isn't something I've done before. Can anyone point me to some templates I might look at? I'll also need contracts between me and my subcontractors too.

One thing we haven't discussed is exactly how subcontracting will work in terms of payment. He is quite happy for me to do this, but I'm not sure if I should be simply passing on bills from subcontractors or actually paying them myself and then billing for "artwork services" at some agreed rate. If I can find an artist who will work for $10/hr and charge his time out at $25/hr then obviously this is great for me but if I agree a fixed rate for artists at $25/hr in the contract and then can't find one for less than $30/hr, I'm suffering.

Any advice on this kind of thing?

The PCG has draft contracts available for download that will meet your requirements. You are a member aren't you?

Mal

[d000hg]

The PCG has draft contracts available for download that will meet your requirements. You are a member aren't you?

Aren't their contracts geared to helping contractors act like a company? I'm not taking this project as a contractor trying to act like a company, I am a company - I bid for the project on behalf of my company. I expect to have in the contract a hourly/daily rate for "software developers", not specifying me by name and a substitution clause for instance.

[MPwannadecentincome]

Wherever you get your templates from or if you borrow one from someone else - get a solicitor to check it as these things are a legal minefield - better to be protected now than to have to go to court later!

[oracleslave]

Aren't their contracts geared to helping contractors act like a company? I'm not taking this project as a contractor trying to act like a company, I am a company - I bid for the project on behalf of my company. I expect to have in the contract a hourly/daily rate for "software developers", not specifying me by name and a substitution clause for instance.

Are you making this assertion from past experience of having used their material, or are you just assuming they are not fit for your purpose based on no research of what they have to offer at all?

[d000hg]

Are you making this assertion from past experience of having used their material, or are you just assuming they are not fit for your purpose based on no research of what they have to offer at all?

From reading their description of the various contracts here.

[oracleslave]

From reading their description of the various contracts here.

If your sub-contractors have Ltd's then would a simple B2B contract between your and their limited not suffice?

[d000hg]

I very much doubt they will. They are likely to be individuals working as freelancers in Asia, people doing work on the side or students desperate to get some paying work... very much the target audience of sites like Rentacoder.
Contracts with subcontractors are not so critical, as these probably will be very simple and these people are often used to working without any contract... I need a record of hiring them.
It's the contract between my company and the client which needs more work, to make it clear he is paying my company, and how my company chooses to get the work done is my business.

[oracleslave]

It's the contract between my company and the client which needs more work, to make it clear he is paying my company, and how my company chooses to get the work done is my business.

Forgive me for being a bit slow but how is that different from a normal B2B contract?

[d000hg]

A normal B2B contract it is, I think. But a contractor contract isn't a typical B2B contract I thought, since it specifically discusses substitution and other IR35-escape clauses? PCG words their contracts as being angled at contractors, whereas I want a bare-bones B2B contract. Or is there really not that much difference... I've not previously worked as a 'real' (not a contractor trying to avoid tax) company before.