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Reply to: Liability Clause in my new contract
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Previously on "Liability Clause in my new contract"
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So, eng123, was any of this advice useful to you or are you just an ignorant coont?
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Originally posted by scon_eadI Thought developers/coders only made bug free software anyway...
(Yep...I'm from the testing fraternity)
It depends on how far behind schedule the project is. When behind schedule it is not unheard of for the PM to tell the developers to deliver code to system test now matter how unfinished the developer thinks the code is.
It hits a milestone and that is all the PM is concerned about.
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Originally posted by scon_eadI Thought developers/coders only made bug free software anyway...
(Yep...I'm from the testing fraternity)
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I Thought developers/coders only made bug free software anyway...
(Yep...I'm from the testing fraternity)
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Originally posted by PaddyAs long as you work through your own limited company your fine. At the first hint of litigation because of a balls-up you wind the company up and start again
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Originally posted by eng123Im hoping you may be able to help.
The new contract I am looking at taking has the following clause.
'You shall be liable for any defects arising out of the work you have done and shall rectify such defects which are capable of remedy at your own cost and within a reasonable period from notificationof such defects'
Does this mean I have no choice but to take PI insurance if I accept this?
Do these clauses usually have a limitation?
Any suggestions on where I could find an alternative to this clause to propose that would make me less liable?
Thanks for your help
cheers
Nick
As long as you work through your own limited company your fine. At the first hint of litigation because of a balls-up you wind the company up and start again
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Sounds perfectly reasonable to me...just means that you will need to ensure that your documentation is bang on throughout...i.e. scope, requirements, anything they do that prevents you from doing something in a certain way...
Agree with what others have said about IR35, this is ideal...(and it could just be a clause that they have no intention of enforcing but is there to attract contractors who want to be IR35 friendly)...
And yes...take out insurance...for he sake of a couple of hundred quid, you should have it anyway
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It sounds like the contract is trying to be IR35 friendly. This will be a good thing unless you are using an umbrella company.
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That is part and parcel of operating as a real business outside of IR35 I'm afraid. Posit: you contract a local building firm to install a bathroom in your house and some defects are apparent when they finish. Would you expect them to put right those defects at their expense or at yours?
Of course, if you are sitting within IR35 you should negotiate this clause away altogther as there is no point in accepting risk under such a regime. If not, you need to ensure that what constitutes a defect is contractually defined (including the possibility of mandatory arbitration if necessary), along with suitable time limits, sign off protocols and so forth.
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Does the contract define 'defects'? Do you have a written agreement with the client of the scope of the work to be delivered?
There's a fine line between "features we wanted you to put in but you haven't" and "features you've put in that are genuinely broken".
Especially when you're dealing with clients on the less educated end of the spectrum.
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Liability Clause in my new contract
Im hoping you may be able to help.
The new contract I am looking at taking has the following clause.
'You shall be liable for any defects arising out of the work you have done and shall rectify such defects which are capable of remedy at your own cost and within a reasonable period from notificationof such defects'
Does this mean I have no choice but to take PI insurance if I accept this?
Do these clauses usually have a limitation?
Any suggestions on where I could find an alternative to this clause to propose that would make me less liable?
Thanks for your help
cheers
NickTags: None
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