Reply to: Contract extension offered - not asked to sign

[LondonManc]

I want to moan about it, because it vents some of the frustration, AND I want them to fix their own problems, AND I want my money

Invoice number is deffo correct, and have checked through old ones, and it hasn't been issued previously.

I don't really want to see the same problem again either, so if this forces them to sort themselves out, that could be useful.
That said, if I'm going elsewhere, I'll do whatever to get the money and just be done with it, rather than continue being stubborn and shoot myself in the foot

Another contractor is having issues too. Not the same, but ultimately is also overdue on payments.

We both have the feeling it's more incompetence than agency in financial difficulties...... More recent invoices are being paid with no issues.

Thanks all.

If it's the agency struggling to pay, tell the client that there's more than one of you struggling to get paid and you'll be staying offsite until it is resolved. It will get resolved if the client thinks that the agency are tulip.

[yMyjgT]

They've offered you a solution to getting your money - do you want to take it or bitch and moan?

I want to moan about it, because it vents some of the frustration, AND I want them to fix their own problems, AND I want my money

Invoice number is deffo correct, and have checked through old ones, and it hasn't been issued previously.

I don't really want to see the same problem again either, so if this forces them to sort themselves out, that could be useful.
That said, if I'm going elsewhere, I'll do whatever to get the money and just be done with it, rather than continue being stubborn and shoot myself in the foot

Another contractor is having issues too. Not the same, but ultimately is also overdue on payments.

We both have the feeling it's more incompetence than agency in financial difficulties...... More recent invoices are being paid with no issues.

Thanks all.

[Hobosapien]

If you're issuing a new invoice, make sure you have the same date as the old one - otherwise you'll have to wait again for the replacement to be paid!

Doubt that makes a difference otherwise we could all backdate our invoices (got delayed in the post ) to avoid any agreed delay between invoice being received and being paid.

Like I said, asking for a re-issue could be a delay tactic if the terms of the contract say the invoice is not required to be paid before xx days upon receipt.

[DeludedKitten]

They asked me today to re-issue the invoice with a different number....I think their systems their end are showing it as paid already or something. Not sure if that's acceptable from an accounting point of view for my company, but currently not intending to do that just because they've buggered their own systems up. I've issued an invoice, it's got a number, fix your own systems and pay it is my current stand point. Is this just being awkward for no good reason, or should I reissue the invoice?

If you're issuing a new invoice, make sure you have the same date as the old one - otherwise you'll have to wait again for the replacement to be paid!

[DeludedKitten]

End of current one isn't until a couple of months away, and the client would like to extend, and have asked agency to do so....but they've nothing that interests me particularly so want to move elsewhere if my other option pans out. I'll sit on it a bit until I know what's going on elsewhere, then make sure the client knows one way or other.

I worked on a project where the client asked to extend everyone, agency said to the contractor "the client would like to extend you". Mate of mine said "That's interesting. Send me the paperwork and I'll look at it." Off the back of that, the agency signed a new contract with the client. But like your situation the work was dull / drying up and the contractor found something more interesteing and better to do, so expected to leave.

The client only found out that the contractor was leaving because another contractor made sure that they did before the guy walked out the door. Client was pissed off with the agency. Agency annoyed with the contractor but then checked all the correspondence that never once indicated any acceptance or willingness to accept.

My advice would be to make sure that as soon as you decide what you're doing, let the client know so that they can plan and you don't look like the bad person for walking out and leaving them in the lurch.

[Hobosapien]

Unless they are a big well known agency I'd be worried they are using stalling tactics to not pay you on time.

Are there any other contractors at client using same agency you can have a quiet chat with to see if they too are having payment issues and if so for how long?

If their system is indeed showing the invoice as having been paid why can't they pay it manually (presuming they normally use BACS) to tie up the loose end?

[LondonManc]

Ah ok, I didn't realise that. Figured the paperwork was the be all and end all.

End of current one isn't until a couple of months away, and the client would like to extend, and have asked agency to do so....but they've nothing that interests me particularly so want to move elsewhere if my other option pans out. I'll sit on it a bit until I know what's going on elsewhere, then make sure the client knows one way or other.


And yeah, the overdue invoice is starting to annoy me severely and worry me slightly.
They asked me today to re-issue the invoice with a different number....I think their systems their end are showing it as paid already or something. Not sure if that's acceptable from an accounting point of view for my company, but currently not intending to do that just because they've buggered their own systems up. I've issued an invoice, it's got a number, fix your own systems and pay it is my current stand point. Is this just being awkward for no good reason, or should I reissue the invoice?

They've offered you a solution to getting your money - do you want to take it or bitch and moan?

[WTFH]

Have you checked that the invoice number you have used is not a duplicate?

If it’s not, then the best solution to getting paid is to issue a credit for the previous invoice, then put in a new invoice with a new invoice number.

Alternatively, be awkward, but don’t complain about not being paid.

[yMyjgT]

Ah ok, I didn't realise that. Figured the paperwork was the be all and end all.

End of current one isn't until a couple of months away, and the client would like to extend, and have asked agency to do so....but they've nothing that interests me particularly so want to move elsewhere if my other option pans out. I'll sit on it a bit until I know what's going on elsewhere, then make sure the client knows one way or other.


And yeah, the overdue invoice is starting to annoy me severely and worry me slightly.
They asked me today to re-issue the invoice with a different number....I think their systems their end are showing it as paid already or something. Not sure if that's acceptable from an accounting point of view for my company, but currently not intending to do that just because they've buggered their own systems up. I've issued an invoice, it's got a number, fix your own systems and pay it is my current stand point. Is this just being awkward for no good reason, or should I reissue the invoice?

[DeludedKitten]

I also assume that if I were to continue working into the period not covered by a signed assignment schedule, I'd be taking a huge risk, as the agency could simply refuse to pay me (if they wanted for some unknown reason), and I'd not have much of a leg to stand on?

Acceptance of contract by conduct. The precedent was set in the 19th century, so you'd have every right to be paid.

When does the current assignment end? You don't have to indicate one way or the other, but if you keep working then you'ce accepted it.

[LondonManc]

In general, it's what Scruff said. You turning up and working the day after your current end date is deemed as acceptance of the new contract including any amended Ts & Cs. If you intend not to take up the offer of an extension, it's generally considered good practice to give them a week's notice of "thank you for the offer but I've secured something closer to home, etc.".

[Scruff]

If you work past the end date of your existing contract assignment end date, then you will be deemed to have made a tacit acceptance of the new assignment schedule.

You need to contact the agent and inform them that you have not accepted the new assignment schedule, provided you are still within the original end date. Advise them that you are considering your options.

[Pat Phelan]

Indeed, what are the client saying? That should be your starting point, not the agency.

[Hobosapien]

If the project is ending then you should be talking to the client about what other work they have for you so you can decide whether to accept it.

It could be the client has no further work and the agency has just assumed the contract will be extended, if they've done as much talking about it as they have with you and you with the client.

As for the extension, you just need to email back saying if you accept/decline it. It's rare in my experience for an agency to chase up signed copies depending on their size and paperwork system. Don't just ignore it assuming that the contact will end if you don't reject the extension or the client would be happy with you messing them about at a late stage. Better to not burn bridges if you've had a successful contract.

I'd be worried about the agency delaying payment for 40 days and counting. Regardless of how well they paid previously it only takes one late invoice to signal cash flow problems. Maybe they sent you the extension to hoodwink you into thinking all is ok if they're in newly found dire straits.

Talk to the client so you at least know if they've approved the extension and what work they have in mind. Then choose whether to stay or go, or at least threaten to go (and 'down tools' in the meantime) if your invoice isn't paid asap.

[yMyjgT]

I’ve had extensions like that. They offer, you accept by not responding. Read the contract to see what you must do.

Contract says:
"Term of the Agreement
8.1. Subject to clause 3.4, this Agreement shall commence on the Start of Assignment date as set out in the
Assignment Schedule and shall continue until -
8.1.1. the End of Assignment date as set out in the Assignment Schedule, or
8.1.2. terminated in accordance with any of the clauses 8.2, 8.3, 8.4 or 8.5
"

And the assignment schedule is defined in the contract as:
"“Assignment Schedule” means the schedule agreed between the Employment Business and the Contractor
for each Assignment containing the particulars of the Assignment and Services;"

So if I don't agree the new one, via signing it or email or whatever, it's not valid, and therefore the contract ends on the end date of the current assignment schedule.
Hence you'd think they'd be keen to actually ask me to sign the new one. Like I said though, they're fairly useless

I'll leave them to it, and give them a kick if if this other potential contract doesn't pan out