IR35 contract review?

[turbowoowoo]

It should be but with the caveat your working practices are in line with what is in the contract. In the event that the basic review fails I have previously paid for the comprehensive review.

I'm still surprised at the number of contractors that don't bother with IR35 contract reviews...

Contracts being reviewed are fine, and good business for QDOS et al.

But the proof is actually in working practices

there are clauses in QDOS insurance which state:

The policyholder is able to exercise a Right of Substitution.
• The policyholder has autonomy over their method of work and is not subject to the same level of supervision or control as
their clients’ employees.
• The policyholder is not aware of any discrepancies between their contract with an agency and the agency’s contract with the
end client.
• The policyholder has not been employed directly by any of their clients in the 12 months prior to commencing work under a
contract for services.

otherwise their insurance wont pay out. Irrelevant of whether you had your contract reviewed.

[ShandyDrinker]

QDOS offer a basic and comprehensive review, is the basic review normally sufficient?

It should be but with the caveat your working practices are in line with what is in the contract. In the event that the basic review fails I have previously paid for the comprehensive review.

I'm still surprised at the number of contractors that don't bother with IR35 contract reviews...

[tl97]

QDOS offer a basic and comprehensive review, is the basic review normally sufficient?

[TheFaQQer]

I cannot remember which one but some will negotiate the rubbish clauses out for you. This is much better done at arm's length because the agent cannot bully, blackmail or give you false and misleading legal 'advice' which they will do in an attempt to coerce you into signing something that is bad.

Both Qdos and B&C will negotiate with the agency over the contract clauses.

Almost every contract I've had, I've read it and thought "yep, that's fine" - send it to Qdos just to rubber stamp it and they fail it. But they know what they are looking for and any changes in precedent, whereas I don't.

[jamesbrown]

Similarly, anyone had a professional contract review and then found the comments to be so obvious you could have done a better job yourself?

Not really, although I generally know what's coming; the majority of reviews are as expected. Occasionally, though, I will miss something that is worth clarification. Perhaps more importantly, it's part of the due diligence necessary to support an outside position (without risk of penalties for lack of due diligence in the unlikely event that an opinion is wrong).

[Project Monkey]

Anyone ever not had a contract review and then regretted it (for good reason)?

Similarly, anyone had a professional contract review and then found the comments to be so obvious you could have done a better job yourself?

[BolshieBastard]

Do you always get a contract IR35 assessed for every new project? Or take the risk?

Any thoughts?

What!? If you take Bauer & Cottrell's Contractor Guardian, you get all contracts including renewals for 1 year reviewed. All for around £250 plus VAT I think.

[BlueSharp]

Yes.

I don't for every extension, but do for every new contract.

This. But I do check the extension to see if they have added or changed anything.

[tractor]

Yes.

I don't for every extension, but do for every new contract.

I cannot remember which one but some will negotiate the rubbish clauses out for you. This is much better done at arm's length because the agent cannot bully, blackmail or give you false and misleading legal 'advice' which they will do in an attempt to coerce you into signing something that is bad.

[jamesbrown]

Almost always, yes.

I say almost, because I'll occasionally get a short-term, fixed-price, contract (extremely low risk, providing you know the basics of what to look for) or use my own contract template.

[TheFaQQer]

Do you always get a contract IR35 assessed for every new project?

Yes.

I don't for every extension, but do for every new contract.

[TykeMerc]

Do you always get a contract IR35 assessed for every new project? Or take the risk?

Any thoughts?

For the minimal costs of a review compared to the contract value I do get an assessment done. Both of the well known reviewers on here (Qdos and B&C) charge a fee that's reasonable.

Money well spent as they usually identify a few gotcha's to get fixed.

[Pondlife]

Do you always get a contract IR35 assessed for every new project? Or take the risk?

Any thoughts?

Get it reviewed. JFDI.

[tl97]

Do you always get a contract IR35 assessed for every new project? Or take the risk?

Any thoughts?