Can a contractor sue the end client for not providing the work promised ?

[NotAllThere]

What I don't like is that the end client can deceive you with impunity with no recourse and many of you think that is ok and acceptable ...

I don't think we do think it's ok. But I've created a poll to make sure.

[~Craig~]

I think you need to find a permie job.......you're clearly not cut out to be a contractor!

[SueEllen]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

1. What questions did you ask at interview about the work? Many clients will tell you what they expect you to do or help with if you ask them, which may not be mentioned or disagrees with what is written down on the initial contract given to you.

2. Have you seen the contract between the end-client and agency? Are you sure it mimics yours? If not the end-client is within their rights of terminating you because you are not fulfilling the services they want for you.

In short it's up to you to ask the right questions, check the contract thoroughly and make sure it agrees with what services you provide.

[KentPhilip]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

I don't think you're a sockie, so I'll give a serious answer.

BooHoo baawhaahaawa!

OK.

1. It would have been apparent to you after a few days at the most that the client had broken its agreement with you to give you C# work, yet you continued to work for them for a further 5 months. I think any court would consider this as you offering consent to an implicit change in the contract to reflect the actual work done.
Had you not accepted this you would have quit the contract there and then.

2. As someone else said, your contract is with the agent, so you'd need to sue them not the end client.

3. Have a look at the small print of the contract. I bet it has something saying you have to do other work as defined by the client. Yes this would be IR35 unfriendly, but there is a good chance it is there.

4. To claim damages you have to prove you suffered a financial loss as a result of them breaking their terms. What was this loss? - they paid you after all.

[Mich the Tester]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

One other contractor complained about this broken promise of C# .Net work and was promptly marched out of the building on the very same day he voiced his protest.

I was wondering is there any scope to sue the end client for misleading me into this role given it may well have an impact on my future employment getting de-skilled etc. I know you guys will say "serves you right for sticking in the role" but it was the sort of old school environment where questioning something gets you kicked out immediately (exactly what occurred to the other guy).

thanks for any advice, (even if its "you aint got a chance in hell at suing for loss of future potential earnings !)

When you switched from being a permie to being a contractor, you switched from being a slave to being a whore. Not the kind of whore that sucks cock, but you get my drift. The kind of whore who gets paid by the hour to do stuff the client wants doing. Build a reputation for doing it well and being a nice bloke and you might earn more and more. Complain and moan and sue your clients and you can be sure nobody will hire you, even to suck their cock.

In other words, walk or learn to live with it.

[EternalOptimist]

It used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.

Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now

[Mich the Tester]

It used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.

Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now

I'm glad you told us about this. Should things get really desperate I can apply for C# roles, piss around with excel and nobody need know that I haven't the first bloody clue about C#.