Reply to: Question re contract cancelled before started

[northernladuk]

I'm not sure. In the B2B world if you had signed a contract to put a team in place then you would have to arrange that team - moving people from other projects, maybe even hiring new staff to be in place on day 1, as well as turning down other work since your resources were committed on the new project.

Or would even that case be just sour grapes?

This is very true and would probably be the case in larger contracts where that amount of loss could be proven without question. Money has been spent as well so easier to prove. Loss of potential earnings isn't though.

[d000hg]

But even for the no timesheets idea to work there has to be some agreement some work was done. Can't fall back on this expecting to get paid notice period when The OP never even stepped foot on client site.

I'm not sure. In the B2B world if you had signed a contract to put a team in place then you would have to arrange that team - moving people from other projects, maybe even hiring new staff to be in place on day 1, as well as turning down other work since your resources were committed on the new project.

Or would even that case be just sour grapes?

[psychocandy]

To play devils advocate... could you explain to the OP why this is relevant just so he knows where to look?

Cant remember if its IPSE or IPSE+ membership that you need for this but basically they will pay out a certain amount "maybe" if the agent does something like this.

I claimed once when a similar thing happened to me and to be fair to IPSe they came good. It was only a days notice in the contract but they paid this out.

[northernladuk]

Meanwhile, I am finding it hard to imagine the agency having the same "oh well, better walk away" attitude to the money they thought they were going to get off the client.

Possibly but they can also be at the mercy of the client and they do get shafted the same way we do at times. They will be much more used to it than we are as individuals and it's only a blip in their revenue stream as the client is likely to want more contractors in the future.

[thunderlizard]

Meanwhile, I am finding it hard to imagine the agency having the same "oh well, better walk away" attitude to the money they thought they were going to get off the client.

[SueEllen]

Have you checked your contract doesn't have a clause in it near the beginning that states something along the lines that if the contract is cancelled for any reason the agency doesn't owe you any money e.g expenses?

If not get it looked at by someone with legal knowledge, then decide if you want to put your energy in chasing 2 weeks of invoice or a new contract which could last months/years.

[SpontaneousOrder]

I'd normally say that this is part of being a business - you need that capital to start with to cover unforeseen cashflow issues.

But... the government seems to view most of us as most definitely not being businesses these days. Which makes me wonder how our contracts and any disputes can reasonably be arbitrated in respect to a b2b relationship.

[Leightonr]

Surely if you've 'returned to contracting' you know that this possibility exists? I find it strange that you are surprised at having a contract canned before you start.

If you intend to carry on like this, then I think a return to permiedom to save your mental health is called for.

Contracted from 1992 to 2004 and never happened before - maybe I was lucky

[NotAllThere]

Back in 1997, I had a contract delayed a week. Then two days before I was due to start, it was cancelled. The agency was paid the notice period by the client (Enron!) and the agency paid me. The agency could have kept the money and I'd have been none the wiser - but they were honest. I'm not entirely convinced that all agencies would be that honest. However,if the agency has been paid the notice period, it might strengthen a claim made against them - even though the contract is between you and the agency and the higher contract should, strictly, be irrelevant.

[BolshieBastard]

I recently left full time employment to return to contracting. However, having signed a contract, worked my notice and left my permanent job, one working day before the contract was due to start I got a phone call to say that the contract had been cancelled.
The notice clause in the contract says
The date preceded that date that I was notified of cancellation but the actual starting date specified in the schedule was one working day later than when I had been notified.
Here's the thing - I expected to be paid two weeks notice. The sudden cancellation has caused some cash flow problems but the Agency say that they are not going to pay
Anybody experienced anything similar and have any advice.

Surely if you've 'returned to contracting' you know that this possibility exists? I find it strange that you are surprised at having a contract canned before you start.

If you intend to carry on like this, then I think a return to permiedom to save your mental health is called for.

[Leightonr]

Thanks. I hadn't joined IPSE - was my first venture back into contracting and I just hadn't got around to it.

Re opt-out. I haven't signed an op-out and no mention of timesheet required in contract.

Rgds

[northernladuk]

You a member of IPSE?

To play devils advocate... could you explain to the OP why this is relevant just so he knows where to look?

[psychocandy]

You a member of IPSE?

[tractor]

...

But even for the no timesheets idea to work there has to be some agreement some work was done. Can't fall back on this expecting to get paid notice period when The OP never even stepped foot on client site.

Any advice here has to be on the assumption that the OP indeed has a case and is prepared to pursue it. The only person qualified to answer that one is a lawyer and even then it will be heavily caveated no doubt.

My advice was limited to the requirement for a timesheet or lack thereof.

[northernladuk]

Wrong advice.

You need to ask whether the OP is opted out first and if they are, then is there a clause that required a timesheet before invoices can be accepted. If they are not, then payment can not be dependant upon a timesheet, signed or otherwise.

You can minimise the risk you speak of by negotiating more acceptable conditions at the outset.

To the OP, if you are hell bent on pursuing it, prob best course is small claims, which you can deal with online I think.

But even for the no timesheets idea to work there has to be some agreement some work was done. Can't fall back on this expecting to get paid notice period when The OP never even stepped foot on client site.