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Previously on "6 month contract or risk extension?"

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  • TheFaQQer
    replied
    Originally posted by psychocandy View Post
    But just pointing out that, email is PROBABLY good enough to go for an extension on.
    If you have the email confirming the extension then this is DEFINITELY good enough - see Brogden v Metropolitan Railway Company [1893] 1 QB 256

    The case was decided in 1877 and hasn't been overturned yet - the contract is accepted on the same terms as before, so if there was a previous termination clause then that applies for the extension as well.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by JohnJizzle View Post
    yeah my contract was checked and is does say i need prof indem insurance for 1 million (which I have). although they have never asked for proof of this.

    Might have to chase this new contract in writing as they are already bad at paying on time
    It's up to you to read your contract and get your business affairs in order, not for them to wipe your arse for you. They don't really care if you have insurance, you are gonna pay where ever the money comes from. Its up to you to cover yourself properly. You need to pull your finger out. Not dealing with basic stuff like this is bloody stupid.

    Leave a comment:


  • Willapp
    replied
    Originally posted by JohnJizzle View Post
    ...they are already bad at paying on time
    This is a major red flag. For me not paying on time is the #1 cardinal sin for any contract because it's a small jump from not paying on time to not paying your final invoice when the gig comes to an end, and you end up wasting your own time and money chasing payment.

    If it's a couple of days late then fine, but if we're talking a week or more and it's regularly, I'd consider finding another contract with a client who treats you with some respect.

    Leave a comment:


  • JohnJizzle
    replied
    yeah my contract was checked and is does say i need prof indem insurance for 1 million (which I have). although they have never asked for proof of this.

    Might have to chase this new contract in writing as they are already bad at paying on time

    Leave a comment:


  • psychocandy
    replied
    Originally posted by northernladuk View Post
    Am assuming it wasn't checked by a specialist. I wonder if the OP has even read it? I wouldn't be surprised if there was a requirement for insurance in there.
    Good point. An email extension to a pile of crud contract is just that - an extension to a pile of crud.

    But just pointing out that, email is PROBABLY good enough to go for an extension on. IMHO getting some clients to do all the paper work is just impossible.

    I ALWAYS insist on minimum email or I go home. Takes 30 secs for client manager to do this so do it.

    Did have one client who tried to say his word was good enough and why did I insist on an email and he wasnt happy I didn't trust him? At the time I thought, hang on, why exactly are you being funny about this email when its easy to do.

    He did email a few days later and it was all ok but Im sure at the back of his mind there was a small chance it might fall through so he wasnt willing to put it in writing. Bit naughty really.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by psychocandy View Post
    Email is probably good enough then as long as the first contract is ok.
    Am assuming it wasn't checked by a specialist. I wonder if the OP has even read it? I wouldn't be surprised if there was a requirement for insurance in there.

    Leave a comment:


  • psychocandy
    replied
    Originally posted by JohnJizzle View Post
    thanks pyscho - no my friends in recruitment told me it ....I didn't go through an agency to get the job

    I do have an email saying it's being extended. Never even thought about the insurance
    Email is probably good enough then as long as the first contract is ok.

    Leave a comment:


  • Willapp
    replied
    Originally posted by JohnJizzle View Post
    yeah I was told they can get rid of me any time anyway and If i havent signed anything I can walk away any time rather than the new end of contract
    This is highly irregular. Regardless of any notice period in your contract (which may indeed be 0 days, i.e. immediate termination), a signed contract is your legal protection for getting paid for the work you do. With no contract, in theory your client can no only ditch you at any time but what legal footing do you have to force payment for time you've worked? None.

    Leave a comment:


  • JohnJizzle
    replied
    thanks pyscho - no my friends in recruitment told me it ....I didn't go through an agency to get the job

    I do have an email saying it's being extended. Never even thought about the insurance

    Leave a comment:


  • psychocandy
    replied
    Originally posted by JohnJizzle View Post
    yeah I was told they can get rid of me any time anyway and If i havent signed anything I can walk away any time rather than the new end of contract
    Did the agent tell you that?

    Negative points to not having a contract:-
    1) It could go all wrong and they decide not to even pay you leaving you high and dry in court.
    2) You cant just walk away - by turning up you'll find you've probably agreed to same terms as last contract.
    3) Insurance issues. No contract could be a big problem for your insurance.

    Honestly, dont do it. At least get an email from client and/or agency.

    Leave a comment:


  • JohnJizzle
    replied
    Originally posted by psychocandy View Post
    You turned up after the original contract term finished and you havent got extension in writing?
    yeah I was told they can get rid of me any time anyway and If i havent signed anything I can walk away any time rather than the new end of contract

    Leave a comment:


  • psychocandy
    replied
    Originally posted by JohnJizzle View Post
    Thanks for the replies. My current contract has already been extended once (which I am now working) I just didn't get anything in writing.

    This is my first experience of contracting so wanted some advice from others with more experience - who may have had to make similar choices.
    You turned up after the original contract term finished and you havent got extension in writing?

    Leave a comment:


  • JohnJizzle
    replied
    Thanks for the replies. My current contract has already been extended once (which I am now working) I just didn't get anything in writing.

    This is my first experience of contracting so wanted some advice from others with more experience - who may have had to make similar choices.

    Leave a comment:


  • FatLazyContractor
    replied
    Originally posted by aoxomoxoa View Post
    Also, as this is your first contract you'll look like a better bet to future clients/agents if you can demonstrate sticking power and that you're sufficiently useful to get offered one (or preferably more) extensions.
    He hasn't been offered an extension yet. There is only a probability that client will. Which could mean, the client may not extend.

    Leave a comment:


  • aoxomoxoa
    replied
    Also, as this is your first contract you'll look like a better bet to future clients/agents if you can demonstrate sticking power and that you're sufficiently useful to get offered one (or preferably more) extensions.

    Leave a comment:

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