Liabilty - IT contracting

[Old Greg]

What if your system works really well 99.99% of the time but it has a latent problem then one day it goes wrong and since everyone trusts it, they don't double check and someone gets hurt then they try to blame you?

I configure the clinical content, don't build etc. The structures are pretty clear where responsibility lies, particularly as unlike most of my colleagues I don't have a clinical qualification so cannot be professionally accountable for clinical decision making.

[Dearnla]

You're not liable unless you signed a contract saying you are. If you are working through an agency then your company (of which you are an employee, right?) should be at least supplying your services and warrantying they are fit for purposes and in line with best industry practice, etc.

There's a whole world of difference between Wipro supplying a Turnkey system and you doing a bit of coding on a day rate. That's why they charge £1k a day and you don't - it's all about reputation and warranties.

Oh and Penalty Charges are illegal at law - if you mean Liquidated Damages for late delivery, then they have to be a "genuine pre-estimate of losses" and are a Sole Remedy. In other words, if the project's late, LD's will be claimed and there's naff all else they can do.

Now, tell me, who signed the contract that contained the LD's?? Unless it was you personally, you're not liable.

[Wanderer]

I'm sure we've all been guilty of making assumptions that everything is okay but had reason to doubt it later. I know I have - dodgy client who refused to sign the contract, I let it ride and he paid the first couple of months, then payments started slipping. I walked, he didn't pay for the final month and started making noises about my incompetence (to warn me off taking him to court with a winding up order). My legal brief looked at the situation and said that I would win no problem - but the company was nearly insolvent so I would spend thousands of pounds winning the case and get jack sh1t back. I took it on the chin, with a reminder that I would never do work without having a signed contract.

If the company is insolvent then you won't get paid. What's the difference if you had a contract or not?

[Saddo]

If the company is insolvent then you won't get paid. What's the difference if you had a contract or not?

He was paying me with a personal cheque, not company cheque. There's the difference.

[Wanderer]

He was paying me with a personal cheque, not company cheque. There's the difference.

Sounds like you had a (unwritten) contract between your LTD and him personally, result! I'd take him to court.

[Saddo]

Sounds like you had a (unwritten) contract between your LTD and him personally, result! I'd take him to court.

Actually, you are probably right (as always), but it was so long ago that I really can't be arsed.