Using the contractor's standard contract.

[TransitTrucker]

Hi,

Anyone been able to use their own contract wording as opposed to the agency's?

Been noticing that agencies are far less willing to change the wording on their contracts even when they are so badly drafted that the agent's lawyers cannot explain what some clauses are supposed to mean.

I always thought of a contract as a two way street.

TT

[SueEllen]

Use B&C or a solicitor if you want the agency to amend wording.

I've had no problems getting dodgy wording amended doing this.

[Ticktock]

Hi,

Anyone been able to use their own contract wording as opposed to the agency's?

Been noticing that agencies are far less willing to change the wording on their contracts even when they are so badly drafted that the agent's lawyers cannot explain what some clauses are supposed to mean.

I always thought of a contract as a two way street.

TT

With agencies, no. Direct with clients, yes.

Agencies are lazy and penny-pinching. They paid for a contract template to be created for them (probably years ago) and they want to use that forevermore, as it's already been agreed by their legal team.
If you present them with a contract then they have to go to the effort and expense of having it legally reviewed. Their first preference is that you don't have their version reviewed and just sign it. Their second preference is that if anyone is going to pay for a legal review then it is you, not them.

EDIT: The above refers to complete contracts. For individual clauses, I have managed to have some changed, but it can be hard work.

[MyUserName]

I have never had an issue. Just told them that the contract had failed review and I could not sign it unless it was amended.

[CheeseSlice]

I always thought of a contract as a two way street.

It is, but the agency sits in the unique position that they have two contracts. One with your contractor business and one with the client. They will want to keep these as reciprocal agreements and maintain control of these for good reason.

[CheeseSlice]

I have never had an issue. Just told them that the contract had failed review and I could not sign it unless it was amended.

+1

Most recent agent has a policy of not changing contracts for IR35 positioning.
I say my IR35 review failed, and I am about to walk away.
Agency asks what I'd like changing, and voila, amended contract.

[TransitTrucker]

Interesting answers intimating that there is still some give and take. I had an offer withdrawn by the client when I challenged the agency's contract indicating collusion (if the agency were truthful about the withdrawal). I have also had several occasions recently when it came down to take it or leave it (it is a buyer's market you know). /* I am not agency bashing here. It is the time of goodwill. */

Thanks for your experiences. Much appreciated.

TT

[CheeseSlice]

Interesting answers intimating that there is still some give and take. I had an offer withdrawn by the client when I challenged the agency's contract indicating collusion (if the agency were truthful about the withdrawal). I have also had several occasions recently when it came down to take it or leave it (it is a buyer's market you know). /* I am not agency bashing here. It is the time of goodwill. */

Thanks for your experiences. Much appreciated.

TT

I had a conversation with someone at QDOS who said that for certain agencies they either make changes or refuse depending on the type of role. By that I would expect the roles that are less frequent and more difficult to fill will more likely succeed in contract changes than roles that are high volume (i.e. more roles and more candidates).

The role I do accounts for less than 1% of the adverts on job boards according to ITjobswatch. Its an unadvertised market and not one that is easy to recruit for.

[The Spartan]

I have never had an issue. Just told them that the contract had failed review and I could not sign it unless it was amended.

^ This, every contract I've had to date I've had amended thus far. Agencies are reluctant to do it but given the choice between keeping the client sweet or peeing them off I think they opt for the former.

[TransitTrucker]

Maybe there are just too many BAs, PM and architects about. This must be the common stuff that the agencies can fill at a moments notice. They alwys say that they are getting hundreds of applicants per requirement.