two contracts in hand. Suggestions pls

[raphal]

Hi,
I am new to this forum and seeking suggestions/advice on my situation.
I am anticipating two contract offers. For one, I havn't signed any agreement, but have agreed for the contract over phone with the agency, work order and other paper work is under process.
Second one I gave a telephonic and have been asked to come for face to face interview.

I am more interested in the second contract which is a development project. The first one being support job (bug fixing). I am confident that I will secure the second contract after the interview, in which case I am in a awkward situation to say no to the first agency where I agreed (not in writing though). Appreciate any suggestions here.

What's uneasy about this for me is the fact that the first contract is with the same employee for whom I finished contracting about 3 months ago. So if I say no now (after initially agreeing), I might be shortlisted in their black list for any future opportunities.

Just need some suggestions from experienced contracts, you might have gone through such situations.

Thanks,
-Raphal

[flipFlop]

Hi,I am anticipating two contract offers.

But you have not yet get a single one. We'll not waste our time.

[kingcook]

Hi,
I am anticipating two contract offers. For one, I havn't signed any agreement, but have agreed for the contract over phone with the agency, work order and other paper work is under process.

Did you mention that you accept subject to contract?

[raphal]

Did you mention that you accept subject to contract?

I agreed over the phone that the agency may proceed further with paper work. I am yet to receive the formal agreement to sign.

[northernladuk]

But you have not yet get a single one. We'll not waste our time.

I have not seen you post a single constructive or useful thing yet. All you have done is waste your time firing another one liner shot at other posters.

[BrilloPad]

I agreed over the phone that the agency may proceed further with paper work. I am yet to receive the formal agreement to sign.

Then I don't see what the issue is. Find delays in the paperwork for contract1 until you see if you get contract2. I think you are being very optimistic about contract2.

If you had accepted contract1 then I advise you to take it.

[northernladuk]

Hi,
I am new to this forum and seeking suggestions/advice on my situation.
I am anticipating two contract offers. For one, I havn't signed any agreement, but have agreed for the contract over phone with the agency, work order and other paper work is under process.

Ok you are in a bit of a pickle now. Some will argue verbal agreement is binding, others will argue it isn't. Forgetting all that you have given the agent the expectation you have accepted and he will start the ball rolling. If you decline he is going to be very pissed. Not insurmountable. Just point out it was a tentative agreement but was subject to contract and now you have it you have decided not to progress. Don't take any crap from him about being sued, loss of earnings, being bound to it. He will go away after letting off steam.

Second one I gave a telephonic and have been asked to come for face to face interview.

I am more interested in the second contract which is a development project. The first one being support job (bug fixing). I am confident that I will secure the second contract after the interview, in which case I am in a awkward situation to say no to the first agency where I agreed (not in writing though). Appreciate any suggestions here.

Well you are not tied to the first one but you certainly can't keep them holding for too long. You could speak to the first agent and tell him you have accepted 'subject to contract review' which normally takes 5-7 days but anything longer than that won't wash. Even if you turn it down after that he is going to want to know what it is about the contract you didn't like. The longer you leave it the more pissed off the agent will be.

Gotta say from a personal opinion I am a bit tied on this one. Stringing the first agent on for up to two weeks in the hope this one comes off is a bit tight but I certainly wouldn't be throwing away the best of the two just on principles. You are just going to have to play this one pretty hard and shoulder the fall out if you can get contract 2. If you wait too long and contract 2 doesn't appear you could lose contract 1 in the meantime.... Tough one.

What's uneasy about this for me is the fact that the first contract is with the same employee for whom I finished contracting about 3 months ago. So if I say no now (after initially agreeing), I might be shortlisted in their black list for any future opportunities.

I wouldn't worry too much about being blacklisted. This is business, the client will be disappointed but should understand. The agent will be annoyed at you and if you have to deal with him again he may be nervous but they don't work on principles. If you can make him money he will put you forward. Don't lose sleep over it.

BTW, he is not your employee, he is your client. Pedantic but very very important point.

[raphal]

Thanks for the reply. The second contract I mentioned might take some time, hence I am focusing on the first one.
Even then I am in a bit of a pickle. As I mentioned this contract is for the same client for whom I finished contracting about 3 months ago. But the agency this time is different one. And I now recall that there was a clause in the agreement with previous agency which restricts me to work for this client directly or indirectly for 12 months.

The restriction claue :
"The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement."

So if I go ahead with new contract for this client with a different agency, I might get into legal hassles.
What options do I have ?
1) Speak to client and come through the first agency which represented for the previous contract.
2) Close the current ltd company and open a new for and proceed with the new agency.

-Raphal.

[Wanderer]

The restriction claue :
"The Service Provider and its Directors undertake that they shall not and that they shall procure that the Consultant(s) shall not enter into any agreement, whether directly or indirectly, to supply services of a similar nature to the Client or a subsidiary or associated company of the Client or to the Client’s clients, other than through the Company for a period of 12 months following the termination of the Agreement."

So if I go ahead with new contract for this client with a different agency, I might get into legal hassles.
What options do I have ?
1) Speak to client and come through the first agency which represented for the previous contract.
2) Close the current ltd company and open a new for and proceed with the new agency.

-Raphal.

Did you sign the opt out for the last contract you did for that client? If the opt out wasn't done properly then this restriction is invalid. You can be sure the old agency will create a huge stink if they find out.

I'd be inclined to take the contract and keep a very low profile.

[raphal]

Did you sign the opt out for the last contract you did for that client? If the opt out wasn't done properly then this restriction is invalid. You can be sure the old agency will create a huge stink if they find out.

I'd be inclined to take the contract and keep a very low profile.

I had signed opt-out during previous contract. I am at risk if either of the agency finds it out. Old agency may take legal action. If the current agency comes to know about this, they may try to take advantage of the situation.

I think its better sort it out mentioning this ristriction to the current agency.

Thank you.