Reply to: Termination of Contract - help wanted

[Wilmslow]

Hi Guys,

a further update for you all, I phoned the Agents yesterday, told them that I had sought legal advice and that the contract was in breach.... They then played the line was bad, etc... they would get their contracts manager to phone me. She phoned about 20 minutes later and informed me that the end client was in fact honoring the terms of the contract and were going to pay the 4 weeks notice - a bit of a change as the agent said immediately after the fact that that was it and I would be paid for the time worked.

Bit of a change around eh!! However, I am just deciding whether to accept it or to hold out for more....

Been onto the PCG legal line again and they think I should still hold out for the full amount

What do you guys think?

Steve

(sorry about no smilies in my posts - they don't seem to be working)

Great news getting the 4 weeks money.

Can you say the cost and expenses of your flights? Personally, I would look into getting pre-paid expenses covered. Are there any emails between yourself and agency / client to discuss that it is safe to get the flights booked? If so, take advice from the PCG line.

Great work getitng the 4 weeks - doubt you will get the lot, but, reasonable to also get the flights as pre-paid.

[xoggoth]

Not uncommon. I was once one of 12 taken on for a min 3+ month contract and the week after we started all but two of us got the boot. Unless you have a notice period nowt you can do.

[beercohol]

No they didn't

A breach of contract does NOT void any of the terms in the contract, not at all, none whatsoever, nada. The whole of the contract remains in place. Do you understand now?

Tim

So who you gonna trust? the PCG Legal advice line, or someone on a forum called tim123.....

Tim was right, the whole contract remains in force, but remember that the there is a strong separation between the renouncing your rights according to a provision in the contract, and a material contract breach.

In this case, the client originally intended both to (a). fail to use the termination provision allowing them to legally sever the agreement, and then to (b). try to sever the agreement anyway - leading to the breach of the entire contract which subsequently then remains entirely enforceable.

The primary issue is (b). But to strengthen the case further in order to pursue the entire value of the contract, (a) seems the best route in establishing that the client demonstrably set aside the termination provision and their only chance to be liable for the smaller amount claimed.

A very recent post indicates that an Agency is involved. I assume this is the standard back-to-back (client -> Agency - > Sub-contractor) arrangement. In this case, everything still applies, except the immediate enemy is the agency who must pay up.

Since the Agency have now apparently settled the matter with their client, they now have a strong argument to say they have made reparations in accordance with the contract. It would be much harder to sue for the full amount at this point, and the 4 weeks dosh should be snatched and squandered on alchoholic 'beerverages'.

[r0bly0ns]

No they didn't

A breach of contract does NOT void any of the terms in the contract, not at all, none whatsoever, nada. The whole of the contract remains in place. Do you understand now?

Tim

So who you gonna trust? the PCG Legal advice line, or someone on a forum called tim123.....

[NotAllThere]

Even with a cast iron case, legal action is stressful. Get a solicitor to write a letter in legal-speak, saying that you'll continue the action, but will drop it once the 4 weeks has actually been paid.

I'd also ditch the bluetooth headset

[lawrenso]

Unless your contract states the precise times you're expected on-site they can get stuffed.

8 Hours per day which they got plus a bit more

The client can't "tell you off". You're a 3rd party supplier and not subject to their internal rules and procedures (as I had great pleasure pointing out to a prat of a client once). How you explain that depends on the client, your relationship with them etc.

I did....I think this is more than likely what set their backs up..Indicative of employment etc... Which I was not.

Bad move on this one. Never express dissatisfaction with the client or discuss your rate with the permies.

In a way I was feeling out the ground....My suspicions were proven

As stated previously ealier by somebody, I am glad I am out of there. Just looks like my next contract will be away from home Although I have never been to Jersey !!!

Steve

[lawrenso]

Hi Guys,

a further update for you all, I phoned the Agents yesterday, told them that I had sought legal advice and that the contract was in breach.... They then played the line was bad, etc... they would get their contracts manager to phone me. She phoned about 20 minutes later and informed me that the end client was in fact honoring the terms of the contract and were going to pay the 4 weeks notice - a bit of a change as the agent said immediately after the fact that that was it and I would be paid for the time worked.

Bit of a change around eh!! However, I am just deciding whether to accept it or to hold out for more....

Been onto the PCG legal line again and they think I should still hold out for the full amount

What do you guys think?

Steve

(sorry about no smilies in my posts - they don't seem to be working)

[Epiphone]

1. Late 2 times @15 min each - one for an accident on the Motorway and the other due to the motorway roadworks being expanded overnight (M56 N/Wales Link). The first was on Tuesday and the second yesterday....

Unless your contract states the precise times you're expected on-site they can get stuffed.

2. Wearing a Bluetooth headset for which I was "told off" although I had never been aware of this

The client can't "tell you off". You're a 3rd party supplier and not subject to their internal rules and procedures (as I had great pleasure pointing out to a prat of a client once). How you explain that depends on the client, your relationship with them etc.

3. The third saying to somebody that I felt like walking at that moment after the newly promoted team leader made a rather insulting comment to me...

Bad move on this one. Never express dissatisfaction with the client or discuss your rate with the permies.

[/QUOTE]

[tim123]

The client (party to the contract) waived the termination provision in the contract by disregarding the notice period.
.

No they didn't

A breach of contract does NOT void any of the terms in the contract, not at all, none whatsoever, nada. The whole of the contract remains in place. Do you understand now?

Tim

[The Lone Gunman]

I would suggest that you write to the client explaining that legal advice tells you that they are in breach of your contract for the reasons stated. Inform them that unless you can reach an agreed settlement you will be going to court. Dont mention a figure, let them think about it.

I would suggest the minimum you should settle for would be the notice period plus any flights and hotels and other expenses you already paid.
If they offer a low amount ask for the full contract plus costs + legal costs.

They may settle without you having to hire legal representation.

[Ardesco]

I have to buy notagoodsite.com someday

[up4it]

I notice that Contractor UK replaced the I T C O N T R A C T O R dot C O M with notagoodsite in the link in my previous post! -)

[up4it]

FYI: Saw this article today...

http://www.itcontractor.com/Articles...44&photopage=0

Client tried to stiff him, but he took our advice and got his money.

We put up an article recently - My IT Contract was terminated before it should have been

In this, the client tried to terminate the contractor early without paying him.

The agency and the Umbrella Company were no help.

He got in touch with us for advice, which we gave him as did our readers.

We got this email from him.

“Hi Gerry,

“Just a shot note to thank you for your time, I thought you maybe interested to know I’ve been paid the outstanding days. So thanks a million for your advice, and a big thank you to the list for their support also.

“The solution was to write a letter outlining the legalities and essentially if they didn’t pay up I’d be seeking legal representation.

“Worked a treat!!”

ITContractor Comment

Too many IT Contractors take this sort of thing lying down.

The Client, is, to be frank, chancing his arm.

The agency and the Umbrella Company don't want to annoy the client so are no help.

In Their Shoes

But just put yourself in the shoes of the person at the company who is withholding payment.

Just imagine you got a letter threatening legal action.

You know the contract is clear and it is in favour of the contractor.

You also know that you don't want senior management to know that you are about to get the company embroiled in legal action which you will lose and may cause bad publicity – and all over a couple of days pay that you would save.

Paid Up

In this case they payed up pronto – and they will in 9 out of 10 cases or maybe more.

I suggested to this contractor that he send a lawyer's letter which wouldn't cost much and would grab their attention.

However, this guy didn't even have to do that.

He just threatened to do it and it didn't cost him anything at all.

All IT Contractors should store that knowledge in the back of their minds for a rainy day.

[expat]

Reasons given

1. Late 2 times @15 min each - one for an accident on the Motorway and the other due to the motorway roadworks being expanded overnight (M56 N/Wales Link). The first was on Tuesday and the second yesterday....
2. Wearing a Bluetooth headset for which I was "told off" although I had never been aware of this
3. The third saying to somebody that I felt like walking at that moment after the newly promoted team leader made a rather insulting comment to me...

Looks like a place to be glad you're out of. If I got caught by mistake in a craphole like that I think I'd offer to buy my way out, never mind fight to stay in.

[NotAllThere]

Sick as it may sound, it is actually fun. Scary fun, but we are contractors, so scary is no big deal for us.

Quote of the year.