Agent stand-off over extension

[sal]

Changes = Rate and notice period.

I'm reading this right? You negotiated higher rate with the client, but the agency refuses to amend the contract and get more money out of it I can see them frowning at reduced notice period but higher rate...

Edit: While i was posting that it was cleared out that the negotiation was with the agent not the client. In this case did you agree on a higher rate with the agent just to have them back out at the last moment?

[northernladuk]

There is nothing in the original post which indicates that he is discussing this with the client.

Ah correct, misread one intro.

And if there is a likelihood that he will not extend because he cannot agree a contract with the agency, then it's common courtesy to mention that to the client so they can plan for a handover. You never know, they may even get on to the agency and tell them to pull their finger out because they don't want to lose the contractor.

Agree but there is a fine line where the client may take a dim view of the reasons the contractor doesn't want to extend. Changing notice period down significantly isn't going to be in the clients best interests so he may not be over eager in leaning on the agent for that one. One thing you mustn't do is moan about the agent to the client though. That won't get any sympathy. A point I think is pretty salient bearing in mind who the OP is.

Every time I've wanted a contract changing, I've got the agent to make the change. YMMV, but it's called negotiation - a sign of being in business rather than just taking what crumbs you are thrown.

Which is exactly where PC falls down. He doesn't understand his business. Forgetting that though. I have had mixed results to contract change. Dropped the payment period a few times but not every time I asked. Requested a different notice period once in the early days and it got refused. IMO notice period is not a deal breaker for contracts for me. It can be sorted by negotiation with the client as needed, again because of what TF says above.

[psychocandy]

I'm reading this right? You negotiated higher rate with the client, but the agency refuses to amend the contract and get more money out of it I can see them frowning at reduced notice period but higher rate...

Edit: While i was posting that it was cleared out that the negotiation was with the agent not the client. In this case did you agree on a higher rate with the agent just to have them back out at the last moment?

Nah. We started the negotiation then agent hid.

[sal]

In this case you don't really have a choice:

- Walk out on short (no) notice and leave the client unhappy, just because you didn't get a raise
- Suck it up and accept the extension, you accepted the therms once, so it can't be that bad

Hardly a surprise for the agent to pull out a Houdini when asked about rate increase...

[psychocandy]

Ah correct, misread one intro.



Agree but there is a fine line where the client may take a dim view of the reasons the contractor doesn't want to extend. Changing notice period down significantly isn't going to be in the clients best interests so he may not be over eager in leaning on the agent for that one. One thing you mustn't do is moan about the agent to the client though. That won't get any sympathy. A point I think is pretty salient bearing in mind who the OP is.



Which is exactly where PC falls down. He doesn't understand his business. Forgetting that though. I have had mixed results to contract change. Dropped the payment period a few times but not every time I asked. Requested a different notice period once in the early days and it got refused. IMO notice period is not a deal breaker for contracts for me. It can be sorted by negotiation with the client as needed, again because of what TF says above.

Agreed. No involvement from client. Fair enough if agent/client wont agree to changes but thats the point.

Tell me to my face yes or no dont hide. Then its up to me to suck it up or walk.

[TheFaQQer]

How can the agent expect you to extend without having a contract in place? If they expect you to work without a contract, then you need to either be prepared to handle that situation or explain why you aren't there.

[GillsMan]

Well, of course, during this time I've been keeping my options open and seeing what else is around but nothing definite yet. I dont want to end up with bugger all.

Trouble is like I said, its Wednesday today, even though I could, I can hardly stroll into client on Friday and say, BTW, I've decided not to renew so wont be in monday.

Might be agencies fault for fannying around but it would leave them in the lurch which is a little unfair on them. And can guarantee that ultimately I would be the one who looks bad because the agency would lie to them and blame me.

You've been contracting for 20 years and by the sounds of it, some of your rates have been half decent. Why are you still in a position where you have to bend over and take it from agents? I don't understand why you can't just hardball them to get it sorted.

I started contracting four years ago and I'm already in a position where agencies bend over for me. OK so what I do might be a little more specialised/niche, but it's not difficult to work a position where you call more of the shots.

You don't seem like the sort to blow your wedge on fine cocaine and high class hookers, so unless you're living in a ridiculously sized mansion with a wife with an expensive shoes habit and access to your credit card, I don't know why you're not in a position to tell the agent that you can't continue on existing terms, and warn the client that the paperwork hasn't been sorted yet so you might not be around on Monday.

[sal]

How can the agent expect you to extend without having a contract in place? If they expect you to work without a contract, then you need to either be prepared to handle that situation or explain why you aren't there.

If i read the situation correct, then he have a contract for the extension, it's just he is reluctant to sign it as it doesn't reflect the rate/notice changes he desired, but couldn't negotiate for, due to the agent ducking his calls.

In such case the client is oblivious to the situation and expects him on site next Monday, as they offered an extension and no one told them it's being refused, so they are under the impression it was accepted. No matter what arguments you pull out if you are no show on Monday, the client will be unhappy. Especially when the reason is that you demand more money for the same job...

[TheFaQQer]

If i read the situation correct, then he have a contract for the extension, it's just he is reluctant to sign it as it doesn't reflect the rate/notice changes he desired, but couldn't negotiate for, due to the agent ducking his calls.

So there is no contract in place. If the agent is expecting the contract to be accepted, then they need to start responding. I would flag to the client that there is no contract in place, because it has become impossible to get hold of the agent.

In such case the client is oblivious to the situation and expects him on site next Monday, as they offered an extension and no one told them it's being refused, so they are under the impression it was accepted. No matter what arguments you pull out if you are no show on Monday, the client will be unhappy. Especially when the reason is that you demand more money for the same job...

The reason is that the poster cannot discuss anything with the agency because they are incommunicado. The reason they are avoiding the calls / emails is a different matter - at the moment, it is impossible to agree a contract because the agent is hiding.

That is what the client should be annoyed about, if anything - they pay the agency a fee to sort things like this out. Hiding shouldn't be something that they need to resort to rather than having a discussion.

[TheFaQQer]

Changing notice period down significantly isn't going to be in the clients best interests so he may not be over eager in leaning on the agent for that one.

It's all about spin.

You don't tell the client that you want a shorter notice period so you can walk off site. You tell the client that you recently had the contract wording reviewed by a professional, and they have advised a change in that term - you don't really understand why, but since they provide your insurance, you need to follow that advice...