Wording a contract to guarantee a start date

[Olly]

The chain is agent > consultancy > end client

Consultancy are very keen that if they agree to me providing them contract services that I do start on the agreed date. I'm happy to commit but want them to do likewise.

I think a fair penalty would be 20 days * day rate ( a month basically)

Any ideas how that should be worded?

Possibly related, is the concept of notice period but in a fair few previous contracts notice periods seemed to mean diddly as in the same contract it said there was no obligation on the client to provide work and that I can only bill for work done.

Wondering how to get one ironed out too.

Thanks

[northernladuk]

This won't fly. There is no obligation for the client to give you work so the start date is pretty irrelevant. To then tie him down to a penalty a) makes it looks like there is obligation b) will piss the client off royally and c) you will have to take him to court to enforce it which just won't happen either.

I mean, just imagine the accounts department when they are asked to pay you money for days you didn't work. They will go spare.

I would personally drop this line of thinking. Putting something like this in is going to damage your chance of work, relationship with client and your IR35 status.

And you think starting 2 days late is worth a months pay penalty is fair??? It is more likely to get them in such a panic they will ditch you and go for someone else who isn't imposing a penalty.

[SueEllen]

WNLUKS

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Possibly related, is the concept of notice period but in a fair few previous contracts notice periods seemed to mean diddly as in the same contract it said there was no obligation on the client to provide work and that I can only bill for work done.

Wondering how to get one ironed out too.

The clauses are normally separate in the contract and don't tend to link to each other when read. That's why every time you ask a lawyer about a contract they want to see the exact way it's written.

The notice period is to allow either side to get out of the contract completely. That means in your case you won't be available to provide services if needed, and on the client side it means they don't need you available to provide services.

The MOO clause means that in the time you are available to provide services to the client if the client has no work for you to do then they won't pay you to sit around. Likewise if you want to take a day off you can. Obviously you need to do this within reason as if you hired a plumber to do a 5 day job you would be pissed off if they left halfway through for 2 weeks.

[Olly]

I've always read the notice periods in my contracts as being pretty much worthless but I've never had a client terminate me so not had to put it to any test.

In the big scheme of things I find I become a cog in a project fairly quickly so whilst it might not take a full month to get someone in doing what I'm doing the chances are the client need a month if not longer. As a result, notice periods in contracts aren't that much of a priority.

What's worrying me is that the consultancy are making a big fuss about me sticking to the deal but already the end client is shifting teams around etc. If I give notice to terminate where I am now then ideally I'd like there to be some financial penalty if I'm not able to start the new role.

Remember it's the consultancy who made the noises in the first place about this, just a bit nervous as a 28 day notice period is plenty of time for the end client to snip the role.

[northernladuk]

What's worrying me is that the consultancy are making a big fuss about me sticking to the deal but already the end client is shifting teams around etc. If I give notice to terminate where I am now then ideally I'd like there to be some financial penalty if I'm not able to start the new role.

Remember it's the consultancy who made the noises in the first place about this, just a bit nervous as a 28 day notice period is plenty of time for the end client to snip the role.

You are exactly right about notice periods but if that is the case why do you think imposing terms on the client is going to be any more useful?

If they snip it they snip it, welcome to contracting. You cannot gaurantee yourself work and you are at the mercy of the client/agent and their budget requirements and needs. If they don't want you then thats it. Move on and find more work. People on here have turned up first day and been binned in reception. It happens and they also had to just swallow it and move on.

It certainly sucks but it also certainly happens.

[Olly]

If they snip it they snip it, welcome to contracting. You cannot gaurantee yourself work and you are at the mercy of the client/agent and their budget requirements and needs. If they don't want you then thats it. Move on and find more work. People on here have turned up first day and been binned in reception. It happens and they also had to just swallow it and move on.

It certainly sucks but it also certainly happens.

Erm...I've been a contractor for 8 years and in that time I think I must have had about about 12 or 13 end clients. I'm not wet behind the ears and I'm afraid I don't concur with what I see as your black and white view on this.

You're right though that I can't gaurantee [sic] the end client providing work but there is the potential to contractually agree a payment if I don't get to start.

Yes it's unusual, yes it might be difficult to achieve but remember it's the consultancy that are pushing hard for my commitment and that's catalysed my desire to see that reciprocated.

[northernladuk]

Erm...I've been a contractor for 8 years and in that time I think I must have had about about 12 or 13 end clients. I'm not wet behind the ears and I'm afraid I don't concur with what I see as your black and white view on this.

You're right though that I can't gaurantee [sic] the end client providing work but there is the potential to contractually agree a payment if I don't get to start.

Yes it's unusual, yes it might be difficult to achieve but remember it's the consultancy that are pushing hard for my commitment and that's catalysed my desire to see that reciprocated.

Agreed but have to make sure that reciprocation doesn't make you open yourself up to IR35 by pushing for obligation.