Agency contract with client shows Charge Rate higher

[TheFaQQer]

A contract should be signed before you start so all parties know where they stand. If you turn up and an implied contract signed it can all go very wrong when you come to rely on something in the contract. You get in to a 'he says this she says that' and it ends up in a big mess.

In this case, it's fairly simple - if the agency have sent you a copy of the contract, and you start work before agreeing any changes, then you have accepted the contract through your actions (Brogden v Metropolitan Railway Company). There wouldn't be a "he said, she said" argument - the closest you could get would be:

Contractor: I thought you said this
Agency: No, it's not in the contract that way, is it?
Contractor: No, but I thought I hadn't accepted it
Agency: You had, through your actions.

There isn't any reason for you to start without a contract. Once they have offered you a contract you can easily delay the start of the gig while you get it checked. They have invested so much time they won't bin you just because you want to delay it by a couple of days. This 'I had to start on Monday' is rubbish and just the contractor running his business badly.

I agree.

If you want to get the contract reviewed and make changes, then it needs to be done before you accept it. Doing it afterwards "because I was in a hurry" is a poor excuse and you deserve what you get.

[sunflower]

Don't go on site unless you have written terms. Most contracts say that you accept the terms by signing or by physically starting the work for the end client.

Don't be pushed by an agent into starting without one. It's their responsibility to get written terms to you both for all parties involved. There are some agencies who threaten to withdraw contract offers unless you accept without full written terms and äctually do so. Far too aggressive. You wonder then what they are trying to hide...

Getting the contract is not only for your peace of mind as a business.
Some end clients demand that you have liability insurance up to X and put several other conditions into contracts. You need to make sure you have those as well.

Go for a professional review and pay that bit extra for PCG Plus membership. The legal helpline is really worth it.