Reply to: Agency contract terms

[Cowboy Bob]

They're not even a real agency, they're just a body shop and have been near the top of my "avoid in all circumstances" list for a number of years.

Yeah well, it was my first time dealing with them. They're now at the top of my "wouldn't touch with any one else's never mind mine" list...

[malvolio]

Just to cheer you up, I hear on the grapevine that CP have been abruptly removed from the PSL of a certain (very) large UK multinational for poor performance. Don't know how true that is, but it made me smile...

[Mordac]

X---a

They're not even a real agency, they're just a body shop and have been near the top of my "avoid in all circumstances" list for a number of years.

[Cowboy Bob]

I have never known an agent who would rather lose the gig than make reasonable changes to a contract.

There is one. It's name begins with an X, has an A at the end and is five letters long. Rhymes with w*nker.

Had a contract lined up, agreed to etc etc. Got my contract lawyers in (well known PCG affiliates) and the agency refused to budge. The report from the lawyers was basically telling them that a lot of their clauses were out of date with current case law. Their "Best Practices Manager" refused to change the contract, then refused to have any further contact with the lawyers.

So, obviously I turned it down...

[Mordac]

you may want to read what I did say -

It was along the lines of you look like a fool when you come to ask for a ridiculous clause to be put into a contract or something to be taken out that actually benefits you - something along these lines make you a fool not having a contract checked! fool!

Fine. Whatever you say, you're the expert.

[IT contract agent]

You were the one who said only a fool would get a contract checked by a contract specialist (or words to that effect). My view is that only a fool wouldn't. You have already demonstrated a complete lack of comprehension on the subject of IR35, so we'll just have to agree to differ.
Apart from anything else, many IR35 insurances require that contracts are checked by an expert.

you may want to read what I did say -

It was along the lines of you look like a fool when you come to ask for a ridiculous clause to be put into a contract or something to be taken out that actually benefits you - something along these lines make you a fool not having a contract checked! fool!

[LlareGgub]

Insurance compliance

I echo Mordac's position.

Providers of PI insurance require certain provisions in contracts.

It appears that, if standard agency terms are signed by as many contractors as seems to be the case, they could be labouring under the illusion that they are covered by their PI insurance when they may not be.

Hiscox, for example: https://professions.hiscox.com/help.aspx#Q6 spell out certain provisions (including reasonable skill & care; consequential losses) and how they need to be worded in contracts to ensure insurance cover is not invalidated.

I have no connection with Hiscox, the information is freely available on the web.

Contract in haste, repent at leisure...

[DodgyAgent]

You were the one who said only a fool would get a contract checked by a contract specialist (or words to that effect). My view is that only a fool wouldn't. You have already demonstrated a complete lack of comprehension on the subject of IR35, so we'll just have to agree to differ.
Apart from anything else, many IR35 insurances require that contracts are checked by an expert.

Part of the problem is that no one really knows for sure what is a definitive IR35 friendly contract. This is partly because the law seems to be so open to interpretation and partly because there are different contracting circumstances. We occasionally get contractors who have a bee in their bonnet about something and want us to change their contracts accordingly. Generally we accommodate this unless the change contradicts something specific in the clients contract. It is a nuisance but it is part of what we get paid to do.

[Mordac]

Why did you get so up-tight when I mentioned paying somebody to look over a contract?

You were the one who said only a fool would get a contract checked by a contract specialist (or words to that effect). My view is that only a fool wouldn't. You have already demonstrated a complete lack of comprehension on the subject of IR35, so we'll just have to agree to differ.
Apart from anything else, many IR35 insurances require that contracts are checked by an expert.

[DodgyAgent]

the smell

no bulltulip needed - selling really isn't about bulltulip - its only about influencing you thoughts.

Re contractors - I do low volume, High margin business - within specific Niche area - so It is vital that I have a network of the top contractors within that Niche. I'm sure almost every contractor who I've placed would happily work through me again - many have.

Re selling to contractors - I can sell to the best of you without you even knowing I'm doing it -

Is it me? is it my office or someone in it, but I am sure I can smell something.

DA in !am I in the farmyard" mode?

[IT contract agent]

It looks like you've never worked for MSB / CP / S3, all of which would seem to have adopted "screwing contractors over" as the central pillar of their business models.

cough...cough....cough...... Maybe a couple of years at one of the S3 companies... but then I saw the light

[Mordac]

We aint here to screw contractors over - it would seem you fail to understand that. If we can help we will - you make money we make money - it really is that simple!

It looks like you've never worked for MSB / CP / S3, all of which would seem to have adopted "screwing contractors over" as the central pillar of their business models.

[IT contract agent]

As I said, if I get my contracts checked, it's because I'm looking to avoid a hefty tax bill, not because I want to make your life difficult.

And I would do the same - We aint here to screw contractors over - it would seem you fail to understand that. If we can help we will - you make money we make money - it really is that simple!

[IT contract agent]

I'm sure you can bulltulip for Britain old fruit, but are you really building up a contact list of good contractors who are happy to work through you (as well as being easy to sell into future clients) or are you just churning a bunch of gullible contractors who won't touch you or your agency again.
As I said, if I get my contracts checked, it's because I'm looking to avoid a hefty tax bill, not because I want to make your life difficult. If you can't grasp that simple concept, then you might as well be selling double glazing.

no bulltulip needed - selling really isn't about bulltulip - its only about influencing you thoughts.

Re contractors - I do low volume, High margin business - within specific Niche area - so It is vital that I have a network of the top contractors within that Niche. I'm sure almost every contractor who I've placed would happily work through me again - many have.


back to my original point - I agree that agencies will, and should do, everything to accommodate a contractors view on certain clauses in a contract - I've no issue with that. Why did you get so up-tight when I mentioned paying somebody to look over a contract? I can imagine what kind of contractor you would be!

[DaveB]

I got my current gig via Abraxus. Got the contract checked, asked for a couple of changes. They were happy to make them. I'm happy, Agent is happy, Client is happy and the agent looks competent and professional.

Dont see what CA's problem is, other than the fact he is a plonker, or possibly Australian