Contract Review - Both legal and IR35

[northernladuk]

I've never read one of my contracts, I get other people who are more qualified to do so

I'm sure this isn't true is it? Surely you've made sure the elements are there you rely on? You don't check the payment schedules, termination clauses and so on just to understand what the agreement between you and the agency is regardless of the legal/IR checks?

Other people may be more qualified to check legalities and IR35 but you as the business being engaged are the best qualified to make sure the agreement between you and the agent is acceptable no? No one else can do that for you.

[ladymuck]

I've never read one of my contracts, I get other people who are more qualified to do so

I read all of mine and then anything I want to query is highlighted to the reviewer. Once or twice I've picked up on something they've missed... Most of the time they say I'm making a fuss about nothing but it all aids the understanding should I need to have an argument

[SimonMac]

My experience with every other contractor I've ever dealt with is that they signed it without reading it

I've never read one of my contracts, I get other people who are more qualified to do so

[edison]

About 4-5 years ago I had a legal (not IR35) review done by QDOS on one contract with 24 hour turnaround from memory. It was expensive though.

There were a few clauses that the lawyer highlighted, mainly on IP and client requesting to inspect business records at my business premises.

I'm not sure it was really worth the money, I've just stuck to IR35 reviews since.

That may well change with clauses now being inserted to offload liability to the contractor. I would get contracts reviewed for both these days.

That's a good point. About 60% of my contracts over the last 6-7 years have come from one agency. Interestingly, the contract I had with them during 2018/19 had some significant material differences compared to the first one. In fact it was the only contract first draft I've ever had that failed an initial IR35 QDOS review. It had six significant failure items. These were all amended and agreed with QDOS and the final contract passed. So, it make sense to get a contract checked, even if you've worked with the same agency before.

[FIERCE TANK BATTLE]

What did you do in the end OP?

My experience with every other contractor I've ever dealt with is that they signed it without reading it

[fidot]

The only way I would ever turn up on client site without having signed agreed terms in an agency contract is by completely rejecting the agency terms and supplying my own.
My understanding is that myco terms would be what was legally in place, ensuring the agency negotiate. By turning up you have accepted the agency terms so why would they change them?

[cojak]

About 4-5 years ago I had a legal (not IR35) review done by QDOS on one contract with 24 hour turnaround from memory. It was expensive though.

There were a few clauses that the lawyer highlighted, mainly on IP and client requesting to inspect business records at my business premises.

I'm not sure it was really worth the money, I've just stuck to IR35 reviews since.

That may well change with clauses now being inserted to offload liability to the contractor. I would get contracts reviewed for both these days.

[northernladuk]

What did you do in the end OP?

[edison]

About 4-5 years ago I had a legal (not IR35) review done by QDOS on one contract with 24 hour turnaround from memory. It was expensive though.

There were a few clauses that the lawyer highlighted, mainly on IP and client requesting to inspect business records at my business premises.

I'm not sure it was really worth the money, I've just stuck to IR35 reviews since.

[ladymuck]

If you absolutely have to be on site today, then see if you can say acceptance of contract is pending legal review and presence on site does not constitute acceptance of its terms, or some such.

Not sure if it'll have any teeth but it's worth a try.

[Caudovittatus]

Bit late to be asking for contract reviews if you are due on site tomorrow?

contract check site:Forums.contractoruk.com - Google Search

Completely agree, but they were unable to provide even a draft until around 2pm today on the basis that they don't routinely deal with contractors. So I had nothing to be reviewed until that point and they weren't willing/able to accept a contract drawn up from my side.

So I either go in by the seat of my pants based on my own review and satisfy the client or disappoint them and wait for a proper external review. Neither is ideal

[malvolio]

Hi All,

Can anyone recommend a good contract reviewer who covers both legal and IR35 issues? I have a contract that has been sent to me today and the client wants me to start tomorrow. I want to start the contract, but feel it would be insane to do so without getting proper advice first (I haven't even completed my own review).

I noticed that in some posts people were recommending Abbey Tax - I used them once ages ago for a pure IR35 review, but they seem to have disappeared.

Thanks

They trade under the parent company now, Markel Tax. Discount service through IPSE of course.

[northernladuk]

Bit late to be asking for contract reviews if you are due on site tomorrow?

contract check site:Forums.contractoruk.com - Google Search

[Caudovittatus]

Hi All,

Can anyone recommend a good contract reviewer who covers both legal and IR35 issues? I have a contract that has been sent to me today and the client wants me to start tomorrow. I want to start the contract, but feel it would be insane to do so without getting proper advice first (I haven't even completed my own review).

I noticed that in some posts people were recommending Abbey Tax - I used them once ages ago for a pure IR35 review, but they seem to have disappeared.

Thanks