Reply to: Breaking Contract - Not Signed

[Old Greg]

Why? The contract is in effect, people are going to be just as pissed off with or without it. He's breached and an excuse that he didn't sign it will just make him look clueless. Not having it just brings in needless complications.

There is no good reason why anyone, particularly newbies, should be attending site without a signed contract.

Problem is you are answering all these with your knowledge of contracting. The OP has gotten himself in to a pickle by not knowing what to do. These are all lessons for him, not for you. When he's gotten used to signing contracts on time and knows exactly what he's doing then he can start buggering about. There is a big difference between playing fast and loose and playing clueless.

If the OP has breached a contract, not having a signed version can only help. It certainly won't harm.

The OP has increased rate and decreased travel time. The rest is just noise, unless the client gets legal, or unless the OP works in a small enough niche where reputation gets round. That's good business, even if it's not how we all like to conduct business.

[northernladuk]

But in this case, the uncertainty is either neutral or beneficial to the OP. If the OP believed he might ditch the client for a better offer, then this kind of shoddy way of operating is the way to go.

Why? The contract is in effect, people are going to be just as pissed off with or without it. He's breached and an excuse that he didn't sign it will just make him look clueless. Not having it just brings in needless complications.

There is no good reason why anyone, particularly newbies, should be attending site without a signed contract.

Problem is you are answering all these with your knowledge of contracting. The OP has gotten himself in to a pickle by not knowing what to do. These are all lessons for him, not for you. When he's gotten used to signing contracts on time and knows exactly what he's doing then he can start buggering about. There is a big difference between playing fast and loose and playing clueless.

[Old Greg]

really?

Surely it would have been better to have not turned up for the 2 days and not accepted the renewal, and taken the better offer?

Maybe I have the sequencing wrong. I read it originally that the two days were worked before the new offer was confirmed. If that is not the case, then you are right.

[Lance]

But in this case, the uncertainty is either neutral or beneficial to the OP. If the OP believed he might ditch the client for a better offer, then this kind of shoddy way of operating is the way to go.

really?

Surely it would have been better to have not turned up for the 2 days and not accepted the renewal, and taken the better offer?

[Old Greg]

It is but it's a shoddy way of doing it that brings in all sorts of uncertainty from both parties as we can see here. It also makes assumptions that nothing has changed which isn't great either. Much better to have a signed contract in your grubby mit for when something goes wrong.

But in this case, the uncertainty is either neutral or beneficial to the OP. If the OP believed he might ditch the client for a better offer, then this kind of shoddy way of operating is the way to go.

[northernladuk]

Why? I thought starting work would have been legally deemed to have accepted the extension. I'm pretty sure it's been argued before the other way here ad infinitum?

It is but it's a shoddy way of doing it that brings in all sorts of uncertainty from both parties as we can see here. It also makes assumptions that nothing has changed which isn't great either. Much better to have a signed contract in your grubby mit for when something goes wrong.

[b0redom]

Well signing his contract before going back on site might have been worth a pop.

Why? I thought starting work would have been legally deemed to have accepted the extension. I'm pretty sure it's been argued before the other way here ad infinitum?

[northernladuk]

Each of these (other than signing the extension which is probably of debatable relavnce to the situation) may have presented a risk either to existing contract (bird in the hand) or to the new contract.

The OP has introduced legal and repurational risk, to mitigate against risk of losing one of the contracts, and will probably IMO get away with it. Possibly, contracting has made me cynical - I didn't used to think this way.

Well yes you are right. Fumbling around in the dark means he's got into a situation where it's possible he'll get away with it. Nothing else to learn here. /thread.

[Old Greg]

Well signing his contract before going back on site might have been worth a pop. Also negotiating a start date with the new gig that would have allowed a more graceful exit might have helped. At worst possibly delaying the start of the extension if he knew it was coming. Might possibly have been able to expedite the decision on the new gig as well. Various stuff.

Don't know the exact timeline so might have been other options but just turning up without signing a contract hoping everything would be nice and smooth isn't the best way of approaching it.

Each of these (other than signing the extension which is probably of debatable relavnce to the situation) may have presented a risk either to existing contract (bird in the hand) or to the new contract.

The OP has introduced legal and repurational risk, to mitigate against risk of losing one of the contracts, and will probably IMO get away with it. Possibly, contracting has made me cynical - I didn't used to think this way.

[northernladuk]

What alternative course of action should the OP have taken?

Well signing his contract before going back on site might have been worth a pop. Also negotiating a start date with the new gig that would have allowed a more graceful exit might have helped. At worst possibly delaying the start of the extension if he knew it was coming. Might possibly have been able to expedite the decision on the new gig as well. Various stuff.

Don't know the exact timeline so might have been other options but just turning up without signing a contract hoping everything would be nice and smooth isn't the best way of approaching it.

[Old Greg]

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

What alternative course of action should the OP have taken?

[northernladuk]

However, rather too late for the OP.

This time

[mudskipper]

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

However, rather too late for the OP.

[northernladuk]

I understand contract law perfectly adequately. The question is what are the likely consequences in practice and how to manage them.

Still better to learn how to avoid it rather than fumble about with the fall out afterwards.

[Old Greg]

That one of you needs to understand contract law a little better?

I understand contract law perfectly adequately. The question is what are the likely consequences in practice and how to manage them.