2 contracts dilemma

[JamJarST]

Did you read this thread which is currently being discussed?

http://forums.contractoruk.com/busin...er-work-5.html

Which makes me think this is a sockie!

[MyUserName]

Before considering sending a substitute can you confirm you have a sub clause?
Can you also confirm a MOO clause?

[northernladuk]

Did you read this thread which is currently being discussed?

http://forums.contractoruk.com/busin...er-work-5.html

[tractor]

..

tbh I don't know why people have this dilemma. OK the second contract may be better money or closer but you factored in all the +ve/-ves before you signed the original contract so it must have been viable.

If the second contract had not materialised and on your first morning at the new contract the client said 'p off we found a cheaper contractor' you would likely be here asking if you could sue them.

OK if the second contract is double the rate of the first then it might be worth considering but otherwise, I think I would just accept the fact that the second contract was not meant to be and get on with it.

[dmo]

damn. So the best thing to would be to go there on Monday and explain that I cant work for them for whatever reason?

Substitute as in someone else but me?

Correct, but make sure they know / understand why. Tbh, I'd see if I could end it on good terms with them, i.e. agree a sooner end date on the new contract and postpone contract 2 so that you start once you've finished contract 1. Agree with fckvwls basically,

[ba55meister]

damn. So the best thing to would be to go there on Monday and explain that I cant work for them for whatever reason?

Substitute as in someone else but me?

[speling bee]

You're contract states that you can't give notice. Unless the end client is forgiving they can sue you for breach of contract.

For losses.

Substitute is the answer.

And of course the end client would sue the agency and the agency sue the OP's Ltd.

[eek]

why am i screwed?

You're contract states that you can't give notice. Unless the end client is forgiving they can sue you for breach of contract.

[speling bee]

why am i screwed?

You do not appear to have the right to give notice.

You could send a sub on your first day
That should make them terminate.

[ba55meister]

why am i screwed?

[eek]

it's this.

“Client Notice Period”
immediate notice within the first seven calendar days of the Start Date and thereafter, 7 calendar days notice;
“Service Provider Notice Period”
no entitlement to give notice;



and also


1.1 This Agreement shall automatically expire at close of business on the End Date and may be terminated prior to the End Date:
1.1.1.1 the corresponding agreement between G2 and the Client fails to commence for whatever reason;





I'll obviously email and explain nicely.

I would email and hope because it seems that unless the client is nice and helps you out you're screwed.

[ba55meister]

it's this.

“Client Notice Period”
immediate notice within the first seven calendar days of the Start Date and thereafter, 7 calendar days notice;
“Service Provider Notice Period”
no entitlement to give notice;



and also


1.1 This Agreement shall automatically expire at close of business on the End Date and may be terminated prior to the End Date:
1.1.1.1 the corresponding agreement between G2 and the Client fails to commence for whatever reason;





I'll obviously email and explain nicely.

[fckvwls]

What's the notice period on contract 1?

Can you negotiate a later start to contract 2?

Not bothering to turn up on Monday doesn't strike me as particularly professional and you'd be breaking the terms of a contract you've signed.

[ba55meister]

I signed a contract for a new gig on friday and now I have a much better offer with another agency. The agent is preparing the contract as I type this. I'm not sure how can I get out of the one I already signed? Shall I just email them about is and not turn up for work on Monday?