Reply to: Backing out of a verbally (and via email) agreed contract.

[billybiro]

if you have agreed everything but start date, and want to back out, simply push for a start date of say April 2035... they will be unlikely to hold you to the contract even if they could enforce it

This is the best answer. It is technically correct, the best kind of correct.

[jmo21]

So confused. Did client/agent give you a start date or are they waiting for you to confirm the date?

Different. I'd have said, if you were waiting for the its different and all bets are off.

Either way agent and client are going to be pissed off but they'll get over it.

it's pretty clear if you read the OP, someone else has even misunderstood, AND been corrected before you posted

[psychocandy]

So confused. Did client/agent give you a start date or are they waiting for you to confirm the date?

Different. I'd have said, if you were waiting for the its different and all bets are off.

Either way agent and client are going to be pissed off but they'll get over it.

[LondonManc]

You've agreed it but not signed it. That's exactly what Roy Keane's situation was with Blackburn before he moved to United. He'd verbally agreed a move with Dalglish but Fergie managed to get in touch with him and persuade him to go to Old Trafford instead. Without a signed contract, it just means that you've got an angry agent. Win-win some would say.

[NotAllThere]

So I got an offer at a new client that I accepted verbally and via email

I've updated your thread title, to reflect this.

Tell them as soon as possible that you won't be persuing the contract further, as you've had a better offer. Since you've not got a confirmed start date, you are not breaching any agreement.

[Eirikur]

Huh. It was up to the OP to provide the date so he's gonna look a bit daft if he says that.

Oops misread that, yeah that is daft

[northernladuk]

Yes just say because they couldn't provide a start date you had to accept another offer. They won't like it but that's life

Huh. It was up to the OP to provide the date so he's gonna look a bit daft if he says that.

[Eirikur]

Yes just say because they couldn't provide a start date you had to accept another offer. They won't like it but that's life

[TheCyclingProgrammer]

Just tell the agent you can't do it anymore. I don't expect it will go any further than that. You may burn your bridge with the agent but that's not a certainty.

In future, its far simpler to just say that you "tentatively accept to the proposed offer, subject to agreeing terms" which gives you an easy get out as it clarifies that there's no actual contract in place.

[WordIsBond]

Are you going to have trouble sleeping at night because your conscience bothers you that you backed out on your word? Is it going to hurt your career long term to cancel by burning important bridges? If so, you might be best taking the lower paying contract anyway.

Technically, a verbal contract is legally binding. Practically, it's almost impossible to enforce. The fact that you backed it up via email makes it easier to enforce. The fact that a start date isn't agreed makes it pretty much impossible to enforce.

Practically, they probably don't want you, if you don't want to be there.

Did your new agreement include the right of substitution? Do you know anyone you can send who would be good? If so, you might subcontract it to him and take £25/day for helping him find the role.

If substitution wasn't discussed, just tell them you'll be sending a substitute anyway. If they say, 'No way,' you can say, 'Well, you didn't tell me I couldn't use substitutes. Sorry, I'm not interested. MyCo won't enter into contracts where we can't send a sub.'

One other question -- if money were equal, would you prefer the new gig? If so, maybe you can use the renewal offer to leverage a higher rate for the new gig. They might not like it but people tend to understand if someone gets an offer for a lot of money that they want to take it.

[CoolCat]

Did your dog type that for you?

woof

[northernladuk]

my advice is simpy way to play any actual legal proceeding, which are unlikely. but in first instance just tell the agent you dont want to play.

Did your dog type that for you?

[vwdan]

Legally there's a whole bunch of ways you can extract yourself - pushing start dates, offering substitutes etc.

In real life, just be upfront and honest that you're no longer able to provide your services for the contract. It'll piss the agent off, maybe the client too so be aware of that depending on the client especially.

Make sure not to fall foul yourself, though - get your extension signed and sealed first.

[CoolCat]

Yes
Possibly. You'll have a really annoyed agent on the other end of the phone but there isn't anything he can do. There is a good chance he'll threaten you with court action and you'll never get work as a contractor again. You have technically let him down so he's likely to blow off some steam. That's all it is though so just tell him the score (as soon as possible) and then ignore his tantrum.

Or if you want to look like a pillock, take Coolcats advice..

my advice is simpy way to play any actual legal proceeding, which are unlikely. but in first instance just tell the agent you dont want to play.

[northernladuk]

Can I back out of the new contract

Yes

easily?

Possibly. You'll have a really annoyed agent on the other end of the phone but there isn't anything he can do. There is a good chance he'll threaten you with court action and you'll never get work as a contractor again. You have technically let him down so he's likely to blow off some steam. That's all it is though so just tell him the score (as soon as possible) and then ignore his tantrum.

Or if you want to look like a pillock, take Coolcats advice..