first contract advice...

**northernladuk** · 20 January 2013, 17:20

Surely if you have read many posts on here you should know not to ask serious questions in General?

**NotAllThere** · 20 January 2013, 17:47

He got off scot-free. Moved to the correct forum. I must be in a good mood.

**SimonMac** · 20 January 2013, 18:12

Originally posted by NotAllThere View Post

He got off scot-free. Moved to the correct forum. I must be in a good mood.

You used to be cool man!

**fraymond** · 20 January 2013, 19:17

Originally posted by josh1e View Post

2)I haven't signed the contract yet, but understand in taking the work, I am legally bound.

I am otherwise happy and with only 1 week under my belt not being a permie

Let me understand... you've worked a week already but haven't signed the contract. And already the client has queried your timesheet. Is that correct?

**josh1e** · 20 January 2013, 19:29

Thanks notallthere - apologies.

@ fraymond, yes both are true. client was otherwise happy and is unaware of my contract or contract status with the agency. It was the overtime on my timesheet nothing else. As I don't have a contract including overtime, i was unaware it would cause any financial implication to the client. I realise there are two seperate contracts me & agency, agency & client, but has anyone else had this? hourly for client, daily for contractor? any issues likely to arise as a result?

thanks again.

**northernladuk** · 20 January 2013, 19:37

Originally posted by josh1e View Post

Thanks notallthere - apologies.

@ fraymond, yes both are true. client was otherwise happy and is unaware of my contract or contract status with the agency. It was the overtime on my timesheet nothing else. As I don't have a contract including overtime, i was unaware it would cause any financial implication to the client. I realise there are two seperate contracts me & agency, agency & client, but has anyone else had this? hourly for client, daily for contractor? any issues likely to arise as a result?

thanks again.

So... If that is true lets look at your questions again...

1)I have a contract for a set term with Parity

No you don't. You have nothing. You haven't signed it.

2)I haven't signed the contract yet, but understand in taking the work, I am legally bound. I am concerned about being tied to 60days with the clause "I am legally liable for any financial losses or finding another contractor to fill my position" It's snowing, if i cannot make it legitimately, is this going to go horribly wrong? What if the client and I agree a shorter period?

Bit late now. You are stuffed with whatever they have put in the contract. Too late to renegotiate

3)The client would only allow me to contract subject to a non disclosure on my first day, that's fine. but written in to it was also a 7 day termination on both sides. How does this fit in with the agencies 60 policy? I would be happy to take more work from Parity with the right client, so don't want to put myself on bad footing with them, but don't yet have the eye for contracts or the neg skills with the agy...

Too late. See item 2

4)When the client signed my timesheet, they mentioned they pay the agency hourly & I should've checked o/t was ok.. My contract clearly states day rate & I explained I didn't work late to receive extra money. I'm concerned of any comeback or fiddling since the client has picked up on the difference in contracts. Anyone else experienced this? any advice or suggestions? I don't particuarly want to reneg, I am happy with my rate. Just maybe I've missed a legal angle or something I should be aware of.. (I haven't disclosed my rate to the client)

What contract? You don't have one.

Starting at a client without signing your contract is just dumb.

**GillsMan** · 20 January 2013, 19:54

Let's be clear. OP does have a contract. He's provided an implied acceptance of the terms by turning up to work. NLUK is right that he can't start amending the terms. I mean, he can ask, but no way is the agy going to accept if it's not favourable to them, they've nothing to lose now he's accepted the work.

On the timesheet query, I had this situation once. I just put 09:00-17:00 on all timesheets regardless of actual hours worked. Client was aware of this, but agy wasn't as far as I'm aware. At least, I didn't offer that information, and they didn't ask.

**northernladuk** · 20 January 2013, 20:05

Originally posted by GillsMan View Post

Let's be clear. OP does have a contract. He's provided an implied acceptance of the terms by turning up to work. NLUK is right that he can't start amending the terms. I mean, he can ask, but no way is the agy going to accept if it's not favourable to them, they've nothing to lose now he's accepted the work.

On the timesheet query, I had this situation once. I just put 09:00-17:00 on all timesheets regardless of actual hours worked. Client was aware of this, but agy wasn't as far as I'm aware. At least, I didn't offer that information, and they didn't ask.

Technically correct yes. Still a poor situation to be in. I would assume the OP hasn't had it IR35 checked either so may be in a spot of bother..

Starting contracting without a signed contract

**josh1e** · 20 January 2013, 20:41

thanks for the replies.

I was hoping for some constructive advice from the more experienced as this is my first contract and I am the first to admit I am new to contracting as a LTD company. I know my chosen career, not the ins and outs of every aspect of contracting, this is why I asked here. I realise I have made mistakes / poor choices but flogging me over it doesn't really help anyone. I do appreciate anything constructive anyone wants to take their own time to explain to me and I can learn from.

While looking for a new role, I was offered a good rate with a good client on a project I enjoy. It was at very very short notice. To take it I had to put everything in place over a weekend.

When the agency send me the paperwork is out of my control. I "could" have delayed the start date, but I chose not to. I didn't envisage it would cause me too many problems. That was my choice rightly or wrongly.

I hope to build up the skills to make the right decision every time but that comes with experience.

As to IR35. Thank you for picking up on it, the contract states I must correct my mistakes at my own cost, it also states I must supply another contractor if i cannot attend. I believe these are adequate for defining I am outside IR35?

I will take a look at the link - thank you. any other advice would be welcome - ty.

first contract advice...