Right to cancel an extension

[BolshieBastard]

Why do people make a song and dance about what they want to do!?

If you want to move, then move. If you dont, stay put. It really is as simple as that. People who mull over this or that or the other never make a decision and want others to make it for them.

You either want to go to the new role or you dont.

If so your options are;

Use the subbie clause in your contract
Stay put
Move on

If you're worried about standing up to the agent \ upsetting the client, grow a pair or be the shrinking violet.

[Wanderer]

If it was the initial contract then AIUI the contract does not actually start until the first payment or piece of work is performed (don't quote me on that though).

No, that's not quite right. To form a contract, you need agreement, enforceability and consideration (eg payment). While it's true that you can't form a contract if there is no consideration, it's quite valid to enter into a contract to perform some service for a consideration and it will still be a valid and enforceable contract, even before work has started or payment is due.

[Spikeh]

Why do people make a song and dance about what they want to do!?

If you want to move, then move. If you dont, stay put. It really is as simple as that. People who mull over this or that or the other never make a decision and want others to make it for them.

You either want to go to the new role or you dont.

If so your options are;

Use the subbie clause in your contract
Stay put
Move on

If you're worried about standing up to the agent \ upsetting the client, grow a pair or be the shrinking violet.

This isn't a question of what I want to do, it's what's legal in contract law. Just doing what you want to do doesn't really get you anywhere, and can cause more issues than it's worth. I'm always up front with my clients and agents (more so than any other contractor I've ever met in fact), and have no issue talking to them about it, I just want to get my facts straight first.

To those who have suggested talking to the client - yes, I've spoken to them in regards the issues, asked about upcoming work, and highlighted that I'm extremely unhappy with the many blockers and restrictions imposed on us. I also mentioned that I was considering other jobs. I didn't want to speak to them any further until I'd figured out what I'm going to say, what my options are, and of course if the new contract is even worth the fuss. Turns out it is, and there's a high possibility I'll get it. I'm going to speak to the client tomorrow and tell them I'm considering leaving, even before I've got official feedback or an offer. The worst it'll do at this stage is prepare them for me leaving, and hopefully escalate the issues with the dev dept.

[SueEllen]

This isn't a question of what I want to do, it's what's legal in contract law.

You are asking a question you already know the clear answer to.

You made a verbal agreement and recorded it on paper by signing a written contract, that you would continue to provide services to the client once this initial contract has ended.

The only way to get out of it is to give notice if there are no other clauses covering exit or use your ROS clause.

The thing you did wrong is to delay sending the contract in signed.

A common trick after your delay would have to been to return the contract unsigned and then the contract would have to be sent back to you. As it's Christmas you could have many more excuses why the contract doesn't get to the agency until the day before the contract start date.

Oh and if you try and prepare the client for leaving don't be surprised if they walk you of site.

[BolshieBastard]

This isn't a question of what I want to do, it's what's legal in contract law. Just doing what you want to do doesn't really get you anywhere, and can cause more issues than it's worth. I'm always up front with my clients and agents (more so than any other contractor I've ever met in fact), and have no issue talking to them about it, I just want to get my facts straight first.

To those who have suggested talking to the client - yes, I've spoken to them in regards the issues, asked about upcoming work, and highlighted that I'm extremely unhappy with the many blockers and restrictions imposed on us. I also mentioned that I was considering other jobs. I didn't want to speak to them any further until I'd figured out what I'm going to say, what my options are, and of course if the new contract is even worth the fuss. Turns out it is, and there's a high possibility I'll get it. I'm going to speak to the client tomorrow and tell them I'm considering leaving, even before I've got official feedback or an offer. The worst it'll do at this stage is prepare them for me leaving, and hopefully escalate the issues with the dev dept.

Yes it is a question of what you want to do! If it wasnt, as you've signed the contract or given confirmation of acceptance, you wouldnt be bothered about the other job.

But, because of the percieved hassle at your current place, this new opportunity seems to you to be greener grass. It may well be but the point is, do you want the greener grass or not?

I suspect you do. So, either tell your current client you'll be sending a subbie, serve notice or forget about the other role. Your question about 'cancelling' the contract \ agreement is just a red herring. Decide what you want then execute as appropriate.

You are asking a question you already know the clear answer to.

You made a verbal agreement and recorded it on paper by signing a written contract, that you would continue to provide services to the client once this initial contract has ended.

The only way to get out of it is to give notice if there are no other clauses covering exit or use your ROS clause.

The thing you did wrong is to delay sending the contract in signed.

A common trick after your delay would have to been to return the contract unsigned and then the contract would have to be sent back to you. As it's Christmas you could have many more excuses why the contract doesn't get to the agency until the day before the contract start date.

Oh and if you try and prepare the client for leaving don't be surprised if they walk you of site.

This!

[pmeswani]

This isn't a question of what I want to do, it's what's legal in contract law. Just doing what you want to do doesn't really get you anywhere, and can cause more issues than it's worth. I'm always up front with my clients and agents (more so than any other contractor I've ever met in fact), and have no issue talking to them about it, I just want to get my facts straight first.

To those who have suggested talking to the client - yes, I've spoken to them in regards the issues, asked about upcoming work, and highlighted that I'm extremely unhappy with the many blockers and restrictions imposed on us. I also mentioned that I was considering other jobs. I didn't want to speak to them any further until I'd figured out what I'm going to say, what my options are, and of course if the new contract is even worth the fuss. Turns out it is, and there's a high possibility I'll get it. I'm going to speak to the client tomorrow and tell them I'm considering leaving, even before I've got official feedback or an offer. The worst it'll do at this stage is prepare them for me leaving, and hopefully escalate the issues with the dev dept.

The only thing I will / can say is that be prepared to lose both opportunities, regardless of the outcome. The fact you have spoken to your client about being unhappy there and that you are considering other opportunities is a bad move, as your client is probably now considering whether to cancel the extension and look at bringing in someone else. If I were you, in future, hold your cards to your chest until you have a winning hand. Upfront honesty isn't always the best policy, especially if you are looking to leave. Yes, be honest about your deliverables, but don't give your clients incentive to actually get rid of you.

[psychocandy]

Do you have the right to refuse work in your contract? If so, I would invoke the clause in order to get out of it. You might get terminated straight away, or be required to serve your notice. Without knowing your notice period or contract, I don't know what options works best for you. But you can either serve your notice, refuse work, or do something unsavoury (as this is in a professional forum, I won't list them) that could cause your contract to be terminated immediately.

Thats what I always wondered. Not cool but could you give notice then just refuse to come in. The notice may well run in the background but you're not there anyway and potentially could be doing another contract?

[psychocandy]

One thing. Why are you worried about the way the client does things or the way they **** things up?

Happens to me all the time. I don't care. Client pays me for my expertise. If they choose not to listen and/or **** things up and cause delays/hassle why should I worry about it?

Lifes too short to let clients piss you off. All I care about is getting paid....

[northernladuk]

Lifes too short to let clients piss you off. All I care about is getting paid....

Did I just read this right?

[Wanderer]

This isn't a question of what I want to do, it's what's legal in contract law.

Most likely you could be legally required to serve the notice period stated in your new contract timed from the first day it starts. But there is the letter of the law and then there are amicable agreements you can come to...

Tap your contacts and see if any of them are willing to take on your role, either as a subbie or working directly with the client (or through a preferred agency).

Talk to your client and tell them you are going to terminate the contract and discuss how much notice they want - you may be able to leave early by mutual agreement. Have a plan for a clean handover to your replacement and make it clear you are ready and willing to help in any way you can.

Who knows, they may make it worth your while to stay....