Taking on another project for existing client

[meanttobeworking]

You are being directed to finish one and hand over early to start the next for the same client.

Just to clarify - I'm not being directed to finish one early so I can take another one on... The first one is due to finish mid-December in any case. Another hiring manager heard that I was becoming available and asked that I take on some work for his team as he was already on the lookout for a contractor. If all there was to worry about in the world was IR35, ideally I'd continue to to project A until the existing finish date, and then start project B. In reality, the handover for project A will extend a little bit past the original end date, to make space for taking on project B - hence the need for reflecting this transition period in some way in the paperwork.

I'm respectful of both your views, and keen to make sure I remain as covered as possible from risk (which is why I'm asking in the first place), but I don't want to cut my nose off to spite my face here by turning down extra work. I don't see there being MOO (I'm not obliged to take the work, and they're not obliged to offer it), and no D&C (they are not curtailing my involvement in the existing project so I can take on the new one, merely allowing a slightly longer time for handover, largely because the permie I'm handing over to so he can take on the business as usual tasks needs more time to absorb things).

Any further comments? Thanks for input to date!

[northernladuk]

My approach would not be to amend the existing schedule, but get a new one drawn up separately for the new project. So that during the overlap, you're working on 2 schedules to the same contract.

Hmmm, must admit I didn't read the bit about working on both at the same time. Not liking that bit. Finishing one and then starting another would be pretty easy to argue, original work done. Free for new work and start again. Handing one over so you can start the first definitely sounds like D&C as BB mentioned. You are being directed to finish one and hand over early to start the next for the same client. Not a killer I don't think but now BB mentioned it it does smell a bit.

If that is the case then Thunders approach seems best to me. If you amend the existing one you are making it fit the clients direction.

[thunderlizard]

My approach would not be to amend the existing schedule, but get a new one drawn up separately for the new project. So that during the overlap, you're working on 2 schedules to the same contract.

[BolshieBastard]

Can anyone point out any gotcha's or offer any guidance for best practice on the following please?

I'm finishing up a long (20 month) contract for my client. I finish mid-December. My contract has specific deliverables defined, and they are all due to be complete by the end of the contract.

The manager of another business unit within the same client has approached me and asked me to be involved in a different project. It is still within the same IT department, but in a different area of the business. I'm under no obligation to take on this work (so no D&C issues), but it would basically mean that instead of finishing mid-December, I'd have work here until March or beyond next year.

Is it as simple as extending the existing contract and creating an updated scope of work section / addendum? Between now and mid-December, I'll need to work on both projects (handing over the old one to someone else, and having the new one handed over to me).

Anything I'm missing here? Thanks in advance!

Its not d&c, its MOO.

Its open to debate but consecutive contracts could be used by hmrc as an indication that you have become part and parcel of the client's organisation.

Personally, I wouldn't stay beyond the end of the current contract but that's just me.

IMHO, staying too long at the same client is a red flag and one to be avoided if possible.

[meanttobeworking]

Ah, if you have the PI/PL you get 3 free a year ...

How did I not know this before Thanks!

[northernladuk]

Ah, if you have the PI/PL you get 3 free a year so I was thinking sticking the whole lot at them as it is a new piece of work so treating as such. I think it is pretty minor as it will still be outside if it was before etc but at least you are showing a correct approach to every bit of new work should you get investigated. Minor but for the effort of sending it to QDOS and getting a reply a couple of days later it isn't too hard.

[meanttobeworking]

Thanks NLUK, do you think it's necessary to get them to look at an extension letter and revised schedule of deliverables? I'm wondering if they'll do that at a reduced fee compared to a full contract review. Or maybe I'm being OTT...

[northernladuk]

Sounds a good approach. I would have the new contract reviewed by QDOS even if it is the same word for word. At least I can prove I have done some diligence as well.

[meanttobeworking]

Thanks - I had it in my head that the new paperwork had do be done pretty much when the existing contract ends, but actually so long as I get the extension paperwork done now, I can get the new deliverables added and don't have to worry about going off piste, contract-wise.

[captainham]

Is it as simple as extending the existing contract and creating an updated scope of work section / addendum?

In a nutshell, yes. Get a new contract to cover the new period, with updated Schedule/Deliverables, and off you go.

Bearing in mind the 24 month rule as Stek says, which might lead to you asking for a higher rate for the extension to cover "ongoing business costs".

[meanttobeworking]

24 month rule?

Thanks, yes I should have mentioned I have this one covered. I'm only in the office one or two days a fortnight, and even if I did have to stop claiming travel expenses it wouldn't be a big deal. Thanks though.

[stek]

24 month rule?

[meanttobeworking]

Can anyone point out any gotcha's or offer any guidance for best practice on the following please?

I'm finishing up a long (20 month) contract for my client. I finish mid-December. My contract has specific deliverables defined, and they are all due to be complete by the end of the contract.

The manager of another business unit within the same client has approached me and asked me to be involved in a different project. It is still within the same IT department, but in a different area of the business. I'm under no obligation to take on this work (so no D&C issues), but it would basically mean that instead of finishing mid-December, I'd have work here until March or beyond next year.

Is it as simple as extending the existing contract and creating an updated scope of work section / addendum? Between now and mid-December, I'll need to work on both projects (handing over the old one to someone else, and having the new one handed over to me).

Anything I'm missing here? Thanks in advance!