£400 per hour???

[jamesbrown]

WHat would you guys do? Sign the contract and bill for it?
Or ask for it to be changed?

thanks!

Add another zero, they probably won't notice. Afterall, they have to pay you, even if they decide there is no work for you to do.

[SpontaneousOrder]

Can this thread be moved to general where it can get the attention it really deserves?

[SpontaneousOrder]

Whilst I don't disagree that, once you know there's an error, it's really just best to ask for it to be rectified and smoothly proceed from there, however, I do wonder about the situation whereby, if the shoe were on the other foot and it was your mistake in a contract clause that benefited the agency, would they be so forgiving?

Not an expert, BUT....
Given that are such a things as a unfair contract terms acts, etc, where both parties willingly agree to the terms, then I very much doubt that you could be held to such terms of a contract where there is clearly a typo.

[MyUserName]

I received a contract once where the day rate was £50000.00 per day. It was meant to be £500.00 per day and there had obviously been a typo, I emailed them and drew their attention to it and it got fixed.

It seems obvious to me that if I had billed them at £50000 a day they would have laughed their heads off, refused to pay before terminating my contract and inviting me to see them in court if I wanted the money.

[riffpie]

Is this a good sigh, a bad sigh, or a you lucky sigh?

Seriously.. can the agency get back and say this is our mistake and we are not paying you?

Yes.

[riffpie]

Do it right. What's the point in trying to scam this? You might get away with it for 1 invoice, at best, then after that? You've got no contract anymore.

I once filled out a time sheet for a 5 day week and I'd just completely forgotten that I only worked 4 days. The client also forgot and authorised 5 days. It was only at the point of invoicing that I realised the mistake and I pointed this out to the client straight away and did it correctly for 4 days. Ok, I could have been a day's pay up, but what if the client had spotted it before me? At best I'd have just looked incompetent.

Do the right thing, always.

+1

Even if, by some ridiculous sitcom turn of events, they ended up paying the first invoice at the stupid high rate, their very next step would be to hold you strictly to the terms of the contract in some hilarious and expensive way.

Anyways, nothing says "renew this guy" like a bit of honest business.

[titan]

Ok I have read all posts but I have a serious question. If OP does really work a couple of months and then issues his first invoice at £400 per hour, what leg does the agency have to dispute this in court.?

I know you have used arguments like 'obvious mistake' and 'clear typo' but we are talking about a legal document signed by both parties. And before you talk of there being things like contract being unfair, how does that apply in such a situation? Are you saying £2800 a day is unfair simply because it is too high. Guys, there are lots of consultants in the world who do bill that kind of rate so it is not as if he would be first in the world charging that rate. So how on earth can it just be assumed that the contract is unfair?

[riffpie]

Ok I have read all threads but I have a serious question. If OP does really work a couple of months and then issues his first invoice at £400 per hour, what leg does the agency have to dispute this in court.

I know you have used arguments like 'obvious mistake' and 'clear typo' but we are talking about a legal document signed by both parties. And before you talk of there being things like contract being unfair, how does that apply in such a situation? Are you saying £2800 a day is unfair simply because it is too high. Guys, there are lots of consultants in the world who do bill that kind of rate so it is not as if he would be first in the world charging that rate. So how on earth can it just be assumed that the contract is unfair?

Well, there's this thread, for starters.

Unless OP can show that he's been able to bill anything like that rate before, or that the role he went for was worth that, he's going to struggle in court to argue that he honestly believed this was the correct rate.

Mistakes in contracts are allowed for in law. http://en.wikipedia.org/wiki/Mistake_(contract_law)

[TheFaQQer]

Ok I have read all posts but I have a serious question. If OP does really work a couple of months and then issues his first invoice at £400 per hour, what leg does the agency have to dispute this in court.?

You've not read that carefully, than

I know you have used arguments like 'obvious mistake' and 'clear typo' but we are talking about a legal document signed by both parties. And before you talk of there being things like contract being unfair, how does that apply in such a situation? Are you saying £2800 a day is unfair simply because it is too high. Guys, there are lots of consultants in the world who do bill that kind of rate so it is not as if he would be first in the world charging that rate. So how on earth can it just be assumed that the contract is unfair?

I refer you to the answer I gave some moments ago:

See Hartog v Colin & Shields

The law is quite clear on this matter - if you know it is a mistake, and try to force the contract, then the other party has every right to repudiate the contract.

[TheFaQQer]

Whilst I don't disagree that, once you know there's an error, it's really just best to ask for it to be rectified and smoothly proceed from there, however, I do wonder about the situation whereby, if the shoe were on the other foot and it was your mistake in a contract clause that benefited the agency, would they be so forgiving?

If the contract was meant to be at a given rate, and because of a mistake you agreed to a different rate, then you would have the same rights.

It's not a matter of being forgiving, it's a matter of your legal rights - if they knew that there was a mistake and deliberately took advantage of that mistake, then the contract is void.