Reply to: Signed Contract - Project cancelled after startdate, any rights?

[Veetee]

very naive to wait a full month based on sayings of one person !

Well i reached out all the people i could once i smelled the stink - sadly, the end client was travelling for a couple of weeks and the bosses within agency stuck to the same response.
Furthemore, it wasn't just the saying , we had a signed contract in place here...nevertheless, doesnt help now.

[stevejohnson]

Hi Guys
I had a signed contract from the agency with the start date in February....Just a day before start, the agent phoned me to inform that the project was delayed by a week, and then every week it was the same story....I called the end client directly now and understood the project was scrapped a month ago.The client informed me that the agency was fully aware the project was scrapped, however they continued to bluff for over a month, so thats quite painful as i could;ve continued searching had I known the real picture a month ago.


I know some people asked this question before but they havnt had signed contracts but just the offers...
However, in my case, as the agency signed a contract with me with a start date and it had a 4 weeks notice clause from both parties, do I have any legal rights to invoice?

many thanks,
veetee

very naive to wait a full month based on sayings of one person !

[Veetee]

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

Just wanted to ensure, before i invoiced, that there is a clause in my contract which reads:
The Company(Agency) may terminate this Agreement by written notice with immediate effect if:
the corresponding agreement between the Company and the Client fails to
commence for whatever reason, including (but not limited to) if the Client gives
notice to the Company that it no longer requires the Services of the Service Provider
(and, if such notice is given, the Company shall notify the Service Provider and this
Agreement shall automatically terminate without either party being liable to the
other);

Having read that, I have however never recieved any written or verbal cancellation of contract till date. The agency still maintains(verbally) that the project is delayed and might take off in a couple of weeks or so...
Any thoughts?

[northernladuk]

What he said.

You have no reason to 'go legal' until your invoice isn't paid.

TM is correct in what he says but will stick my standard comments in when we get in to these legal discussions ala KC's threads. Don't get me wrong I hope the OP follows this through and sticks one to the agents which can then be referenced in other cases but.....

Normally to sue for loss there has to be a loss. I don't see a loss here. MOO kicks in and if there is no obligation for the client to give work there is no scope for payment. The contract can run for the full term with no notice if you want it to, if there is nothing for the contractor to do there will be nothing to invoice.

If the OP wants to follow this up surely they will be shafting your own MOO in the contract? If that passes surely this causes us different and bigger problems for the future?

Maybe the OP could sue for inconvenience or something but they can't sue for monies that were never forthcoming

We had this out with KC (even though she was a troll) and a few posts since so it would be nice to have a legal resolution to this one day to put all these threads to bed.

[TestMangler]

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

What he said.

You have no reason to 'go legal' until your invoice isn't paid.

[Platypus]

Or is there a way to show the intent of this route in the first step itself while sending the invoice, perhaps CCing the invoice to my accountant and lawyer in first place.

I wouldn't do that. Simply sending the invoice shows your intent to get paid.

Letting them know that you're contacting your lawyer immediately will surely just enrage them and make them come out fighting.

Just follow due process.

[Veetee]

Don't recall the OP asking if it would stress him out. Rolling over is not the solution. As someone else said, you don't politely ask the agent to compensate you. You demand it using the correct legal procedures. That's what a 'business' would do. You disguised employees should carry on rolling over.

So what would be the correct legal procedure of demanding it - Sending an invoice -> Following it up with 'Notice Before Legal Action' and then handing it over to a debt collection agency and finally a suit.

Or is there a way to show the intent of this route in the first step itself while sending the invoice, perhaps CCing the invoice to my accountant and lawyer in first place.

[psychocandy]

In the last year it is getting far more prevalent especially with younger agents (although these youngsters are probably only the puppets of their principals).

Btw. Can you imagine their rage if the candidate secured better job and dropped their precious contract?

Nah. Its always been like this.

[TestMangler]

There is a couple of freebies thrown in as well. Stress, time, effort, potential costs. Life isn't just about money.

Don't recall the OP asking if it would stress him out. Rolling over is not the solution. As someone else said, you don't politely ask the agent to compensate you. You demand it using the correct legal procedures. That's what a 'business' would do. You disguised employees should carry on rolling over.

[TestMangler]

I had a contract through McGregor Boyle a few years ago, that was delayed one week, then cancelled. I got one week's fees. MGB also got one week's fees. I'd guess if MGB hadn't got any notice payment, then neither would I.

Do not ask your agency if there's "any chance", all meek and mild. They'll just tell you "no". Invoice them for the notice period, and see what they say. Initially, they'll probably refuse, but then you can ask them to justify their refusal - and ask them if they've received notice payment, which is a possibility. Do read your contract carefully to see if it supports the idea that you'll get paid a notice period.

If you don't ask, you most certainly won't get. Chances are you won't get anyway, but it's worth a try. Be prepared to negotiate.

Wot he said. People on here continually tell contractors to act like a business and then advise them to roll over as 'thats contracting'. What a load of tulip advice. Try buying a new set of windows for your house then cancel them two days before installation and see how you get on.

A 'real' business would expect to be compensated based on the terms of the agreement.

[mos]

If there is even a sniff that this might start up again and the agent will get paid I would expect them to string the poor bugger on until the last possible minute. There needs to be some risk placed on the agent for this kind of underhand game to stop it happening but I don't know what it is and it certainly won't happen.

In the last year it is getting far more prevalent especially with younger agents (although these youngsters are probably only the puppets of their principals).

Btw. Can you imagine their rage if the candidate secured better job and dropped their precious contract?

[psychocandy]

Bottom line is agencies are lying dogs who will only look after themselves.

NLUK is right. Dont ask them - if you're going to do it, do it. Dont worry about upsetting them either.

You could post pics on youtube of you spit roasting their grandmother in a 10-man gang bang one week but it'd be forgotten about if they could make some money out by getting you a contract the next week...

If it was me, I'd invoice and see what happens. Never know. Might take them court too if there was any worth in it just to wind them up.

[pmeswani]

If there is even a sniff that this might start up again and the agent will get paid I would expect them to string the poor bugger on until the last possible minute. There is no benefit (or fall out unfortuantely) to the agency to bin him early. If the project gets last minute approval the original contractor is gone and the agent loses work. There needs to be some risk placed on the agent for this kind of underhand game to stop it happening but I don't know what it is and it certainly won't happen.

None of this is fair to anyone but a cut throat agent.

Where's DA when you need him.

[northernladuk]

I agree that intent has to be proven, but assuming that the agency knew a few weeks before the contractor knew, why would the agency imply to the contractor that the contract has been delayed by a number of weeks? Why not just tell the contractor that the current contract has been terminated and that they are working hard with the client to see what possibilities existed within clientco to see if the contractor could be placed elsewhere?

If there is even a sniff that this might start up again and the agent will get paid I would expect them to string the poor bugger on until the last possible minute. There is no benefit (or fall out unfortuantely) to the agency to bin him early. If the project gets last minute approval the original contractor is gone and the agent loses work. There needs to be some risk placed on the agent for this kind of underhand game to stop it happening but I don't know what it is and it certainly won't happen.

None of this is fair to anyone but a cut throat agent.

[pmeswani]

That is true. I have no argument to that. Not so sure mislead is the right word as the agency loses out as well but that is arguable.

I agree that intent has to be proven, but assuming that the agency knew a few weeks before the contractor knew, why would the agency imply to the contractor that the contract has been delayed by a number of weeks? Why not just tell the contractor that the current contract has been terminated and that they are working hard with the client to see what possibilities existed within clientco to see if the contractor could be placed elsewhere?