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Project ending before contract, what to do?

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    Project ending before contract, what to do?

    Here's one for you chaps.

    Consultant accepts an extension until the end of the project (with no notice period on the consultant's side).

    It's now possible that the contract will 'end' sooner than the length of the extension, but client says they have work for the consultant who is not a happy bunny as he wants to move on if the project comes to an end.

    What's the best way to work though this scenario?
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

    #2
    Originally posted by cojak View Post
    Here's one for you chaps.

    Consultant accepts an extension until the end of the project (with no notice period on the consultant's side).

    It's now possible that the contract will 'end' sooner than the length of the extension, but client says they have work for the consultant who is not a happy bunny as he wants to move on if the project comes to an end.

    What's the best way to work though this scenario?
    Simples...

    He's under no obligation to accept work offered outside the original contract schedule, assuming his contract properly covers off Mutuality. They are under no obligation to pay for work if no work is done. He's under no obigation just to have one active contract. Therefore, let the contract run to completion, tell the client you won't be in and won't be billing, get on with the other one. If he's really smart, he'll offer to put a subbie in to do the extra work (good for IR35 on several levels, that one).

    But it starts with two people sitting round a table.
    Blog? What blog...?

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      #3
      Originally posted by cojak View Post
      What's the best way to work though this scenario?
      Sit down and discuss with the client. Explain the situation clearly - "I came in to get the project live, and once that's happened, I'm planning on moving on to another client".

      If the client really aren't interested, then find a substitute who can do the work instead.

      I'd try to avoid taking the MOO line too early, but failing that, it's something that "your friend" can always use as a final get out of jail clause.
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        #4
        Why does the consultant want to move on? Doesn't want to work with the client? If so then I would personally use something almost exactly as TF says. If the work the client has planned is generic and not related to that last project it won't kill him to get a new contractor.

        Is it because he doesn't want to fall foul or IR35? If so then I would do the following..

        Ask the client to give me notice on the current contract at the expected end date of the project.
        Ask him to raise a new contract showing the exact deliverables of the new piece of work and the duration.
        End one contract on Friday and come back on Monday to the new contract.

        That way you are covered from an Ir35 perspective and may even help as they you are proving you have been finished when not required. The fact you start a new contract with new deliverables will also all be above board. No client control or direction.
        Last edited by northernladuk; 21 January 2012, 17:24.
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