Terminating contract before it starts

[wamweri]

Hi

I was offered an extension 4 weeks ago to which I verbally accepted with reservations about the rate not being high enough.

I managed to go and secure another contract at a higher rate so I told my current client that I will not be extending the contract as per earlier discussed. Client went into panic and has asked if we could negotiate new terms on the extension. I mentioned a crazy figure and the client accepted.

So now, I have to go back to the other agency who got me the new job and tell them that I wont be joining them. I've already signed their contract and everything but I haven't started the job yet.

The new contract stipulated a 14 day period within which either party could terminate the contract with out providing any reasons. Where do I stand legally if I wanted to just tell the agency that I have decided to extend my contract...?

Any advice?

[BolshieBastard]

Any advice?

Yes. Start acting ******* professionally!

[Tank]

Yes. Start acting ******* professionally!

BolshieBastard is correct - stop being a tw@t.

[Liability]

Hmm would be unprofessional - but unless you are on a high rate and a SAP guru - I doubt theyd come after you. But even still - its a little out of order after you have signed?......Your choice I guess.....

[BrowneIssue]

The new contract stipulated a 14 day period within which either party could terminate the contract with out providing any reasons.

Then you are sorted.

I suggest you apologise profusely to the new agency and ask them to extend your apologies to NotNewClientCo.

The agency will understand - they are purely money motivated. Say to them "What would you do?" and they will shut up.

Pretty it up with "I thought the work had dried up but I have been invited by CurrentClientCo to stay on. I am sure you can understand; I like to demonstrate allegiance and sympathy with my clients, so I feel obliged to stay. And, since you have just done the recruitment, you must have a number 2 in mind. So overall, it does the least damage if I stay where I am. Anyway, since rates are dropping are the moment you might find someone with the same skills but cheaper."

NB: the above answer applies because of the "14 days run away" clause. If that wasn't there, life might be more interesting for you.

[Turion]

If you want to stay just terminate the new contract.

Probably a mistake in my opinion as your existing client will now want to get rid of you as an expensive and unreliable resource as soon as you become 'disposable'.

Going with the new client would have got you a new client and new opportunities. You can't put a price on that.

[BrilloPad]

See if New ClientCo will pay more!

[expat]

The new contract stipulated a 14 day period within which either party could terminate the contract with out providing any reasons. Where do I stand legally if I wanted to just tell the agency that I have decided to extend my contract...?

Any advice?

I agree with BrowneIssue: if the new lot didn't want that clause to be used, they shouldn't have put it in. IMHO they wouldn't have hesitated to use it themselves if they felt the need.

[Fred Bloggs]

Win/Win potential here. As Mr Pad says, will new client pony up more cash? If not then exercise your contractual right under the 14 day clause. the agency wouldn't flinch doing it to you. HTH.

[minestrone]

See if New ClientCo will pay more!

Thank God for that, I thought for a minute there were no contractors in here and it was just a bunch of permies wanting to feel dirty with some online contractor role play.