Need Advice - one contract offer signed, second come through

[molsang]

Hello All,

I am a silent member of this group for past several years. I've been doing independent contracting for past five years, hardly out of work in total only 10 weeks.

This time I have got two contract offers before finishing my current contract this Friday, the problem is I already signed the first one which is starting on 3rd Mar. The second one come through today...

The rate is same for both offer. The first one requires to travel to offshore to set up a team and workshop etc. All expenses will be paid by the end client for offshore travel, rest of time working from city.

The second one is for one of the big banks working in the city.

My preference is to join the second one, the only reason I prefer the second one is I don't want to stay and work from offshore for 3/4 weeks even after expenses will be paid.

Advise me with good tips what shall I say to the first agency to turn down the offer even after signing and what are the legal implications? (if any)

I am assuming that I can turn down the 1st offer as I have not started yet.

[DirtyDog]

I am a silent member of this group for past several years.

I guess you've missed the numerous times that this has been asked, or how to search the forum in those years

Advise me with good tips what shall I say to the first agency to turn down the offer even after signing

"I've changed my mind, so won't be starting, even though I've accepted the contract. Please don't sue me for breach of contract"

and what are the legal implications? (if any)

You breach the contract, they can sue you for losses incurred as a result of the breach. It's unlikely that they will, but that is a remedy open to them.

I am assuming that I can turn down the 1st offer as I have not started yet.

If you've accepted the contract, then to break it now would be a breach of contract. See above (and contract law 101)

[TheCyclingProgrammer]

What's your notice period on the first contract?

Do you have room to negotiate on the second contract? Can you get them to push it back by however long your notice period is on the first contract?

If you've accepted the first contract, you should honour it. If you can defer the second contract, then give notice on the first contract and provide services for the contracted notice period. You should have no obligation to provide services beyond whatever the duration of the contractual notice period is.

Even if you can't defer the second gig, you might find ClientOne turns around and say not to bother and get somebody in anyway. If they are happy to release you from your obligations re: notice period then you are free to take on the second gig.

[northernladuk]

"I've changed my mind, so won't be starting, even though I've accepted the contract. Please don't sue me for breach of contract"

I wonder if there is going to be a day where someone, just on principle, does attempt to sue a contractor for breach. It won't be for a case like this as technically there hasn't been a loss yet though. Many moons ago I used to work for a small (60 staff) company still owned by the founder and he was a proper arrogant bully. He used to sack the sale staff on the spot and was forever down at the solicitors dealing with unfair dismissal claims. He would have had no qualms about taking something legal just because it pissed him off. Just gotta thank our lucky stars there are not too many companies around like that any more.

[DirtyDog]

I wonder if there is going to be a day where someone, just on principle, does attempt to sue a contractor for breach. It won't be for a case like this as technically there hasn't been a loss yet though. Many moons ago I used to work for a small (60 staff) company still owned by the founder and he was a proper arrogant bully. He used to sack the sale staff on the spot and was forever down at the solicitors dealing with unfair dismissal claims. He would have had no qualms about taking something legal just because it pissed him off. Just gotta thank our lucky stars there are not too many companies around like that any more.

The loss is that the agent now has to re-advertise for the role, screen the candidates and (in some situations) interview them. The client has to spend time interviewing again, if their second choice isn't available.

If there isn't another person who can take on the role that they have already seen, then the costs of finding a replacement could prove to be reasonably large.

I doubt that they would chase too hard for this, but there are a number of tangible costs that they could add up and go after. Theoretically, I'd guess that if they find someone who nets less margin, they could even try to pass on the difference to you as well....

I'd check the notice period and get it in quickly, so that you don't break the contract at all. I'd also pray that the bird in the bush is worth it all - it would be a pity to go through all this and then find that the second role falls through

[jmo21]

Even if you can't defer the second gig, you might find ClientOne turns around and say not to bother and get somebody in anyway. If they are happy to release you from your obligations re: notice period then you are free to take on the second gig.

This has to be the easiest way.

Surely most would just say forget it then, and you haven't breached your contract so not even the slim chance you could be sued for loss?

The agent will still huff and puff but other than *maybe* burning your bridges with them and *maybe* becoming a name someone at client co might remember as having caused them hassle once, you'll probably be alright.

[TheCyclingProgrammer]

This has to be the easiest way.

Surely most would just say forget it then, and you haven't breached your contract so not even the slim chance you could be sued for loss?

The agent will still huff and puff but other than *maybe* burning your bridges with them and *maybe* becoming a name someone at client co might remember as having caused them hassle once, you'll probably be alright.

No breach if the offer to supply service for the notice period is made and is genuine. As I said before, no obligation beyond the notice period (MOO and all that).

[BigRed]

seems a lot of potential hassle and ill feeling to avoid 3 weeks expensed off shore

[d000hg]

If you've accepted the contract, then to break it now would be a breach of contract. See above (and contract law 101)

Contract Law 101 would state that without seeing what his contract says, you have no idea if he'd be in breach of it or not. What if the start date is in 3 weeks and he has a 2 week notice clause? In fact screw that, with a MOO clause he doesn't even have to turn up and even without giving notice, he's within the contract!


Also, are you doing a bad NLUK impersonation?

[d000hg]

The loss is that the agent now has to re-advertise for the role, screen the candidates and (in some situations) interview them. The client has to spend time interviewing again, if their second choice isn't available.

If there isn't another person who can take on the role that they have already seen, then the costs of finding a replacement could prove to be reasonably large.

I doubt that they would chase too hard for this, but there are a number of tangible costs that they could add up and go after. Theoretically, I'd guess that if they find someone who nets less margin, they could even try to pass on the difference to you as well....

If you leave a 12 month contract after a month under your notice period they'd have to do all that too. Unless your contract states it's your problem, it ain't.