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Contract signed but terminated before start

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    #11
    Originally posted by OwlHoot View Post
    Gotta say that sounds a bit naive and unbusinesslike Sally, at least the "for whatever reason" clause.

    A contract expresses mutual commitment, for planning purposes if nothing else, in that you'll be available for work and not suddenly phone the client one morning, just before some crucial software delivery is due, to say you won't be turning up again because you found another contract with a better rate.

    Once both parties have signed a contract, assuming full-time attendance at the client, i.e. the usual "BOS" type, it's reasonable to stop looking for other contracts for a while (or maybe not if this situation is anything to go by?!). And what about that guy above who bought plane tickets and booked hotels?

    Of course it depends on the wording - If all the commitment is on the contractor's side, and the contract allows the client to cancel the contract at any time, for any reason or none, with zero notice, then fair enough. But the OP mentioned a week's notice.
    What you say is true if you are dealing direct with the client. It becomes more problematic when going through a third party, that gives the agency their chance to screw up.
    Notice is not a weeks free money, you work the week and get paid for it. As a contractor, if I give a weeks notice, I dont work it for free



    (\__/)
    (>'.'<)
    ("")("") Born to Drink. Forced to Work

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      #12
      Is that the sound of Mal turning in his grave?

      I fall within the camp that says that if you don't do any work, then you don't invoice.

      It might sound unfair, but it is one of the reasons that contractors charge a premium. The clients do pay for the flexibility in the end.

      If you are going to have notice periods what next? Sick Pay? Holiday Pay? You might as well go permie.

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        #13
        tulip happens, tell him to move on and don't dwell on it!
        'elf and safety guru

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          #14
          Originally posted by Toolpusher
          Payment to the consultant by the agency is typically contingent upon (1) the engagement having been started, and (2) payment by the client to the agency.
          Point 2 is irrelevant unless you signed a very bad contract and are opted out

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            #15
            Originally posted by Gonzo View Post
            Is that the sound of Mal turning in his grave?

            I fall within the camp that says that if you don't do any work, then you don't invoice.

            It might sound unfair, but it is one of the reasons that contractors charge a premium. The clients do pay for the flexibility in the end.

            If you are going to have notice periods what next? Sick Pay? Holiday Pay? You might as well go permie.
            "turn up on site"

            the working is entirely optional
            Every Saint has a past, Every Sinner a future"


            Originally Posted by Pogle
            I wasnt really into men at the time - IYKWIM

            HTH

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              #16
              Back in 1998 I was offered a contract with Enron through McGregor Boyle. The start of the contract was delayed a week. Then the following Monday it was cancelled. McGregor Boyle got one week's fees from Enron, and I got one week's fees from McGregor Boyle. The next day I started a contract elsewhere for more money.
              Down with racism. Long live miscegenation!

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                #17
                Originally posted by Toolpusher
                Payment to the consultant by the agency is typically contingent upon (1) the engagement having been started, and (2) payment by the client to the agency.
                If contact has got starting date then notice can be given from that date unless contract states that it can be broken up without any notice before starting date - IANAL obviously but contract law is fairly straightforward, it's just most people choose not to defend their interests.

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                  #18
                  Originally posted by Gonzo View Post
                  Is that the sound of Mal turning in his grave?

                  I fall within the camp that says that if you don't do any work, then you don't invoice.

                  It might sound unfair, but it is one of the reasons that contractors charge a premium. The clients do pay for the flexibility in the end.

                  If you are going to have notice periods what next? Sick Pay? Holiday Pay? You might as well go permie.
                  That's right. If you are not being paid a premium for all the downsides of contracting, then you are not being paid enough.

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                    #19
                    Originally posted by NotAllThere View Post
                    Back in 1998 I was offered a contract with Enron through McGregor Boyle. The start of the contract was delayed a week. Then the following Monday it was cancelled. McGregor Boyle got one week's fees from Enron, and I got one week's fees from McGregor Boyle. The next day I started a contract elsewhere for more money.
                    I amazed the agency told you!!

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                      #20
                      They even forwarded me the emails from Enron to show they weren't fibbing. In those days contractors with my skillset were greatly in demand, and agencies hadn't all been taken over by dodgy second-hand car salesmen.
                      Down with racism. Long live miscegenation!

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