Contract review beyond IR35

[malvolio]

Seems to be a push towards IPSE, is there a reason for this over the QDOS template?

Don't know the QDOS one, but the IPSE one was originally drafted and completed by Lawspeed (may also have had some input from Roger Sinclair at Egos...) so has a good heritage and has been updated with odd changes in case law. At that time QDOS and the as-was PCG were working closely together so I doubt there's all that much between them.

[northernladuk]

Seems to be a push towards IPSE, is there a reason for this over the QDOS template?

Read them both and see which one suits your needs best.

[TheBA]

Hence the cost - a contractor can use an IPSE template.

https://www.ipse.co.uk/guides-and-to...ract-templates

Seems to be a push towards IPSE, is there a reason for this over the QDOS template?

[TheBA]

Does it say, in clear English, what you are expected to do, what you expect them to do, payment terms, dispute resolution and termination clauses?

There's not a lot more needed. If you go to a solicitor (which is the best thing to do) you'll cough up a few thousand. And in reality a contract should stay in the drawer unless you fall out. I've been to court over a contract dispute and the judge just reads it an interprets it in English.

Your really best bet is to simply take an IPSE template contract and offer that back to the client, pointing out that it provides them additional protection as well as clarifying the freelance relationship in a more proven way.

Thanks, they're open to me sending a contract (not necessarily accepting) so I'll get to that over the weekend.

Their contract covers most of the points you mention; MyCo equipment/delivering against a project, them Remuneration and expense, 1 month's written notice on both sides but nothing on dispute resolution. Is this simply which contract laws apply?

Thanks

[northernladuk]

Hence the cost - a contractor can use an IPSE template.

https://www.ipse.co.uk/guides-and-to...ract-templates

[SueEllen]

Sorry. I meant that being the cost to have one written, rather than reviewed. It has been 15 years since I had one done and it wasn't a freelance contractor contract either.

Hence the cost - a contractor can use an IPSE template.

[Mordac]

Hi,

I have secured my first direct contract and the client has offered and issued the contract quicker than expected, I had planned to issue my own. The contract seems quite light touch (6 pages) compared to previous contracts /qdos & IPSE templates.

Most people have contracts reviewed from an IR35 perspective but what about from a general legal perspective?

Thanks

From a contract review stance I use Bauer & Cottrell, if you have legal issues make sure you have max PI insurance (very cheap, round about £100 a year for 10mill or so). If the contract is direct you are fully within your rights to issue your own terms & conditions. I do this all the time. If there is any conflict between your terms and theirs, sort it out. In 90% of cases there will be no need to pay for legal representation to resolve, a simple conversation will suffice.

[Lance]

Getting a solicitor to review your contracts doesn't cost a few thousand pounds

Sorry. I meant that being the cost to have one written, rather than reviewed. It has been 15 years since I had one done and it wasn't a freelance contractor contract either.

[kaiser78]

Nobody stops you form having a sollicitor reviewing your contract, but don't think many people ever done that. I read the legal stuff myself and if there's anything I don't like I tell the agent. If you're not sure or comfortable get a specilaist, I've seen a few extreme things so it may be worth doing it.But in that case also have NDC's reviewed before signing it.

Agree - I also have both my accountant and QDOS review any new contracts I am seeking to sign up to.

[SueEllen]

Getting a solicitor to review your contracts doesn't cost a few thousand pounds - if you are an IPSE member contact Abbey Tax, if not all the solicitors who write articles for the main part of the site will review it. Phone them up ask them the cost and how long it will take as your main issue is finding someone who can review it in a couple of days.

Also shorter contracts are actually easier to read and have a tendency to have limited stupid non-enforceable clauses that agencies like to slip in e.g. saying that Health and Safety Regulations don't apply or are limited when absolutely no one can do that in English and Welsh law.

[Lance]

My main concern is the contract isn't specific enough but I'm not sure where to start.

Does it say, in clear English, what you are expected to do, what you expect them to do, payment terms, dispute resolution and termination clauses?

There's not a lot more needed. If you go to a solicitor (which is the best thing to do) you'll cough up a few thousand. And in reality a contract should stay in the drawer unless you fall out. I've been to court over a contract dispute and the judge just reads it an interprets it in English.

Your really best bet is to simply take an IPSE template contract and offer that back to the client, pointing out that it provides them additional protection as well as clarifying the freelance relationship in a more proven way.

[TheBA]

Thanks, I'm fair new so little experience of reading contracts.

My main concern is the contract isn't specific enough but I'm not sure where to start.

[Eirikur]

Nobody stops you form having a sollicitor reviewing your contract, but don't think many people ever done that. I read the legal stuff myself and if there's anything I don't like I tell the agent. If you're not sure or comfortable get a specilaist, I've seen a few extreme things so it may be worth doing it.But in that case also have NDC's reviewed before signing it.

[TheBA]

Hi,

I have secured my first direct contract and the client has offered and issued the contract quicker than expected, I had planned to issue my own. The contract seems quite light touch (6 pages) compared to previous contracts /qdos & IPSE templates.

Most people have contracts reviewed from an IR35 perspective but what about from a general legal perspective?

Thanks