No contract, yet!

[bridder]

I hope some of the experienced jockeys can give me a little advice here. Getting close to the start date of my contract now, I've signed my contracts and sent them back but have yet to recieve my counter signed version back from the agency. My question is, what are the implications of starting the contract without the returned and counter signed contract? basically no contract.

I have a grim feeling of what the answers are going to be and my own feeling is that I am not turning up for the first day without it, I would obviously give the agency good warning that unless I recieve my contract there will be a no show from me until I get it, thoughts, advice are most welcome...

brid

[malvolio]

It depends if you have requested amendments to the last version you saw - and since you've signed it, I assume you haven't (I hope!)

Basically the last version is the one that applies. If you turn up you are deemed to have acepted it - similarly, if you said "I will sign subject to these changes" (in writing or email) and not heard anything more, those are the terms that apply.

It is not a good idea to start without a signed contract, just in case something goes wrong. (That said, I have done so, but only with clients and/or agents I know - in your case, as a newbie, it is not advisable.) If, however, you decide not to start because of no signed contract, you absolutely have to contact your client in person immediately and tell them why you won't be there. That way, it's the agent gets stuffed, not you.

[Fungus]

I've just started my third contract with a new client without having signed the papers. It's in progress. The client is a very big name and I reckon they would get ugly were the agent to mess me about. I suppose there is some trust on my part, but there you go. I'm not sure what could go wrong. The client isn't a cowboy. Were I starting an extension to an existing contract but on a higher rate, then I would not go to work until the documents were signed, else as said above I would in effect be agreeing to an extension at the old rate. I've seen a contractor do just that, and hence he took some holiday until it was all sorted.

Leif

[bridder]

It depends if you have requested amendments to the last version you saw - and since you've signed it, I assume you haven't (I hope!)

Basically the last version is the one that applies. If you turn up you are deemed to have acepted it - similarly, if you said "I will sign subject to these changes" (in writing or email) and not heard anything more, those are the terms that apply.

Well I did ask for amendments but had the changes done then I signed the two copies of the new version, so the contract I am waiting for is the last and current version.

If, however, you decide not to start because of no signed contract, you absolutely have to contact your client in person immediately and tell them why you won't be there. That way, it's the agent gets stuffed, not you.

This is troubling me, I am sure I could get the contact number for the customer and I know the guys name so I could do this but I have had absolutely no contact with the client since my interview, everything is being done through the pimp, some checks are being done on me because of the nature of the work, I'm not worried about this as I have never done anything that would warrant losing the contract, I'm probably just worrying about nothing but I am not comfortable starting without a contract so I will make sure that I demand this after looking up the phone number and contacting the guy who interviewed me and letting him know my position, but that time is around about a week away yet...

thanks m,
brid

[BlasterBates]

Don't worry about it, its quite normal for contracts to get stuck in admin.

Ring up to check its a formality.

The fact that they sent you a contract with rates and times agreed means it was on. Normally if its "a might be" the agent doesn't get that far, he just keeps ringing you up to say the PM hasn't signed off yet, but is having a meeting next Tuesday.

There is a slight chance that the client might suddenly stop the project, but that can happen even after you've received the contract, and the notice period in the first month can be a day or a week.

[handsfree]

BlasterBates is right, don't worry about it. As long as you reckon the client isn't dodgy, it will be fine. There's always going to be elements of risk involved in contracting.

When I started my current contract, the agent kept sending me an incorrect contract full of mistakes. I kept sending it back until it was right, which meant I was 4 weeks into the project before I actually had a signed contract. I was a bit nervy during the 4 weeks, but I knew the client was sincere so I didn't worry too much about it.

[malvolio]

Good practical advice there. Basically, if nothing goes wrong you don't actually need a contract - the risk assessment is how likely is it that things will go wrong, on one side or the other. If you have a major company as the client and an established agency, it's probably not high enough to worry about.

But as I said, if you have made agreed amendments to the contract and signed a version of them, that is the contract that applies if you ever need to enforce it.

[The Lone Gunman]

All sound advice above.

It is my understanding that if you start the contract then it is accepted that the last set of terms agreed (even verbally) are in place. If you have a copy of the contract and any ammendments then that is what you are working to.

Hope that eases your mind a bit.

[bridder]

The contract is with a government organisation and the agency is established so it is probably a good thing I checked in with you, the situation is unchanged but it does feel better knowing that several more experienced contractors can rubber stamp this, I do have some sort of an email trail for both contracts, the initial and amended one, but no outline of what the changes were.

I don't mean to blow bubbles up anyones ass here but this place is an absolute gold mine of tips and resources, especially for someone like myself, just starting out, there just seems to be so many pitfalls, or rather perceived pitfalls...

thanks everyone
brid

[The Lone Gunman]

Be aware that we are only helpful in this forum...

Should you venture into general you will be subject to as much abuse as any veteran.