Reply to: Honour my contract with New Client or Go Ahead with another Interview for More Money?

[SueEllen]

Subject to contract should be done in good faith. i.e. finding a higher paying contract isn't "subject to contract".

There is no written document.

So it is a case of who said what. Not worth the hassle from the agent's side.

[fidot]

Subject to contract should be done in good faith. i.e. finding a higher paying contract isn't "subject to contract".

Agree, but in this case, if I read it correctly, no contract has been supplied yet.

[BlasterBates]

... which is why, if you are accepting (verbally or in writing), you should always add "subject to contract"

Subject to contract should be done in good faith. i.e. finding a higher paying contract isn't "subject to contract".

At the end of the day you can do what ever you like, but if you renege on a contract you'll be treated in the same contempt that a contractor would treat a client who also reneged on their contract. I think any contractor would avoid any client like the plague if they agreed a contract and then dumped them just before they start. Equally expect the PM to avoid you like the plague. If it is an important client like a big bank that you would like in your portfolio of banks you work for on a regular basis then I wouldn't do it. If it is a small company in the back end of beyond, then who cares.

[fidot]

If you have verbally accepted the offer then this will have been communicated to the PM and actually you are now legally bound to carry out that contract. .

... which is why, if you are accepting (verbally or in writing), you should always add "subject to contract"

[fullyautomatix]

If you have already signed a contract, go ahead with that one and either give notice or fulfill the contract you signed. However, if you only verbally agreed, and hadnt yet signed the contract, you are within your moral and legal limits to actually pursue the better paying second one. This is business after all and you have to go for the deal that works out best for you.

[ruasonid]

Three days ago I was offered a contract with a client (whom I have worked for 7 years ago) via an agency. Credit/vetting checks have been started, including a Disclosure Scotland and I have been given a preliminary start date of the 31st October. The agency has produced a contract which is ready to review/sign. So, the turnaround has been pretty fast.

In the meantime, I was also contacted three days ago, directly by a well known bank about another contract. Taking the view of alot of people on here that a gig is not a certain until your contract is signed and you're on site, I expressed my interest and, low and behold, was contacted yesterday with an offer of an interview today. Both contracts are a similar distance away, however contract 2 is not my usual type of gig, with a large part of what will be considered administrative but is offering £100 per day more than the first contract. Contract 2 would also be a direct relationship with the client. Having always worked through an agency in all of my previous contracts, I have no experience of a direct relationship, so not sure of the risk involved in terms of timely payments etc. with this particular client, or working directly for banks in general.

So my dilemma is, cancel my interview and honour the contract that I am currently going through final processing with and possibly damage any future relationship with this agency and client, or just go ahead with the interview and if offered accept? It would be good to get people's thoughts on this, similar experiences and risks involved.

Put your own interests first. Only you can do that.

[Elliegirl]

Normally verbal agreement is the point where I would stop looking for a contract.

I made that mistake once. Never again.

[northernladuk]

From my experience recently (you can see some interesting posts on this in CUK) you need to attend interviews and even sign as many contracts until you reach your office desk!!

i signed a conditional contract month ago, then I had a second offer - which progressed fast & joined few weeks ago. If I was putting all my eggs on contract-1 I might have been still waiting for my SC clearance.

So attend interviews + sign as many contracts until you reach your office desk!!

You'll see the poster above also has posted a lot of crap in the past. He had a pretty unique situation that need to be taken on their own merits. It might have worked out for him this time (although we don't know the exact details as yet). That doesn't mean to say signing everything willy nilly is the right way to go.

This advice is questionable at best. I'd recommend ignore it as a sweeping generalisation.

[Darren_Test]

From my experience recently (you can see some interesting posts on this in CUK) you need to attend interviews and even sign as many contracts until you reach your office desk!!

i signed a conditional contract month ago, then I had a second offer - which progressed fast & joined few weeks ago. If I was putting all my eggs on contract-1 I might have been still waiting for my SC clearance.

So attend interviews + sign as many contracts until you reach your office desk!!

[uk contractor]

Go to the new interview until your onsite & have earned for the entire contract length anything can happen. I have had roles pulled the day before they was due to start so have many others. Do not however sign 2 contracts that is where you can get into financial trouble man up & be prepared for an uncomfortable call on the role you have to back away from!

[northernladyuk]

Take both and sub out the boring bits of each role.

[BlasterBates]

IF you get the second. Tell the first you have been offered another role at £100 more. Say you aren't trying to play them against each other, and would prefer the first role but finding it difficult to say no to the substantially larger day rate. Ask em if they want to match it, if they do, accept (don't then go back to #2 asking for more)

Doing that you are still reneging. If you agree with the builder to do your extension and he rings up and tells you he is still interested but another customer has offered him some work at a higher rate and you need to match it, I think most people would never ask that builder again for a quote.

It's the same if a bank dumps you as a contractor, you'll always favour other banks over the one that dumped you mid-contract.

That is simply the risk you take when you breach your contract.

[BrilloPad]

Get the 2nd role. Invoke substitution on role 1! Boomed!

[l35kee]

Normally verbal agreement is the point where I would stop looking for a contract. Some contractors go on looking just in case it somehow falls through but this can even happen when you've actually started working, so I wouldn't personally see any point in doing that. I also don't buy into woolly phrases like subject to contract as you really would need to give the agency a chance to amend the contract before turning it down, either accept it or tell them you'll decide next week after another interview or turn them down. Once they've handed it over to a company for your background checks you will in the HR system which means you'll be flagged up when you apply for any future roles.

Having said that 100 quid a day is quite a bit more so if you really think it will be long term you could take the risk. Just be aware of it. If you turn them down a day after you've accepted it's not such a big deal because they probably won't have started the checks.

IF you get the second. Tell the first you have been offered another role at £100 more. Say you aren't trying to play them against each other, and would prefer the first role but finding it difficult to say no to the substantially larger day rate. Ask em if they want to match it, if they do, accept (don't then go back to #2 asking for more)

[BlasterBates]

I did accept verbally over the phone when the agent contacted me to say that the client would like to offer me the assignment. I never followed this up with '...subject to reviewing the contract' and neither did I do this in writing. So an extra £100 a day not worth p***ing of the client for then? In that case maybe I should cancel the interview.....

Normally verbal agreement is the point where I would stop looking for a contract. Some contractors go on looking just in case it somehow falls through but this can even happen when you've actually started working, so I wouldn't personally see any point in doing that. I also don't buy into woolly phrases like subject to contract as you really would need to give the agency a chance to amend the contract before turning it down, either accept it or tell them you'll decide next week after another interview or turn them down. Once they've handed it over to a company for your background checks you will in the HR system which means you'll be flagged up when you apply for any future roles.

Having said that 100 quid a day is quite a bit more so if you really think it will be long term you could take the risk. Just be aware of it. If you turn them down a day after you've accepted it's not such a big deal because they probably won't have started the checks.