Consultancy Contract - Description of Service question

[Kate at Qdos]

Description of Services

Hang on, I might have given the wrong impression here:

My contract does have a separate schedule where it details the services I provide it just does not specify project titles or specific deliverables.

Hi all and my apologies for the lateness in replying;

In my opinion a detailed description can undoubtedly help in demonstrating that a contractor has been engaged to provide specific services, however having a description of services stated within the contract is not a failing issue in isolation and therefore we would not always make mention to adding a very detailed description of the work. It really depends on the specific circumstances and what documents we've have sight of.

We wouldn't fail a contract without sight of a contract schedule, but provide an opinion on the documents we're given, as very often we're asked to review draft contracts for services where the specific terms haven't been finalised. However we will always take a look at the contract again once the specific terms have been agreed.

[MyUserName]

Same but there has always been a schedule. Didn't know they would still pass it without one.

I've dropped them a PM so hopefully the will come and comment.

Hang on, I might have given the wrong impression here:

My contract does have a separate schedule where it details the services I provide it just does not specify project titles or specific deliverables.

[northernladuk]

When I've made use of QDOS for such reviews, whether free or individually paid for, they have always checked both the contract and the associated schedules.

Same but there has always been a schedule. Didn't know they would still pass it without one.

I've dropped them a PM so hopefully the will come and comment.

[DirtyDog]

Hmm ... I would have thought they had checked it.

I spoke to them about the schedule and the changes that were made to it, along with why etc.
They seemed to think it was okay and confirmed that it was still covered by the policy.

If you've answered everything honestly, and they've confirmed that you're insured then I wouldn't care what any of the paper says

[aoxomoxoa]

I am wondering if the a detailed working practices review would flag the lack of a schedule as the free one is a simple contract check.

Hopefully QDOS can come on and comment.

When I've made use of QDOS for such reviews, whether free or individually paid for, they have always checked both the contract and the associated schedules.

[MyUserName]

I am wondering if the a detailed working practices review would flag the lack of a schedule as the free one is a simple contract check.

Hopefully QDOS can come on and comment.

Hmm ... I would have thought they had checked it.

I spoke to them about the schedule and the changes that were made to it, along with why etc.
They seemed to think it was okay and confirmed that it was still covered by the policy.

[northernladuk]

It came free with the IR35 insurance. I have had the renewals reviewed each time to because I am paranoid! They keep telling me that I do not need to have the contract re-reviewed if only the dates have changed but I like to get that in writing!

I am wondering if the a detailed working practices review would flag the lack of a schedule as the free one is a simple contract check.

Hopefully QDOS can come on and comment.

[sm02fly]

It came free with the IR35 insurance. I have had the renewals reviewed each time to because I am paranoid! They keep telling me that I do not need to have the contract re-reviewed if only the dates have changed but I like to get that in writing!

The contract in question was also reviewed as OK by QDOS as part of the 3 reviews per year.

I'll look into getting it updated. The irony of it was that the initial spec for the work was probably the most in depth I have ever seen!

[MyUserName]

Interesting. Did you have it reviewed as part of the 3 free ones with the insurance or pay the 99 quid?

I could see it makes no difference to the contract but if HMRC comes knocking I most certainly want a set of deliverables to demonstrate my situation to them.

It came free with the IR35 insurance. I have had the renewals reviewed each time to because I am paranoid! They keep telling me that I do not need to have the contract re-reviewed if only the dates have changed but I like to get that in writing!

[northernladuk]

I am not arguing with you but my contract has similar wording and QDOS are fine with it.

Interesting. Did you have it reviewed as part of the 3 free ones with the insurance or pay the 99 quid?

I could see it makes no difference to the contract but if HMRC comes knocking I most certainly want a set of deliverables to demonstrate my situation to them.

[MyUserName]

How does that information differentiate you from a permie job position (despite the poor title)?

It doesn't. That's a job role not a list of deliverables. That could easily be construed as an enduring position so to be avoided at all costs. You need information on the scope of your work, project name, deliverables etc. Enough to satisfy HMRC (and your own piece of mind) that you are there to deliver a defined piece of work and leave.

I am not arguing with you but my contract has similar wording and QDOS are fine with it.

[SueEllen]

If you know what you are roughly doing and your deliverables:
1. Edit the schedule yourself with them - preferably add the project names or leave spaces for the project names to be inserted i.e. [project name]
2. Say there was a problem with the schedule and it's been edited

Otherwise you are going to have to hassle the consultancy to do it and they may take a long time.......

[northernladuk]

How does that information differentiate you from a permie job position (despite the poor title)?

It doesn't. That's a job role not a list of deliverables. That could easily be construed as an enduring position so to be avoided at all costs. You need information on the scope of your work, project name, deliverables etc. Enough to satisfy HMRC (and your own piece of mind) that you are there to deliver a defined piece of work and leave.

[cojak]

I have a new contract with a consultancy to provide services to their end client. Main T&C's are all pretty standard, were reviewed without a problem and the working practices tie in with this.

In the schedule of agreement which holds all the specific information for the contract, how much information should be given in for the 'Description of Service' section? All that is listed is 'Network Designer'.

In reality, the service my ltd co will be providing is network design for the end client (which is named in the contract SoA), in turn working specifically on one of their service contracts which will involve multiple projects.

Is this pretty standard for a consultancy contract, or should I be looking for a more defined description?

I don't know if it's standard for consultancies, it's rubbish for any contract.

It should list the types of deliverables that a network designer would expect to create for such projects. A network design (duh!), technical specifications, etc.

[sm02fly]

I have a new contract with a consultancy to provide services to their end client. Main T&C's are all pretty standard, were reviewed without a problem and the working practices tie in with this.

In the schedule of agreement which holds all the specific information for the contract, how much information should be given in for the 'Description of Service' section? All that is listed is 'Network Designer'.

In reality, the service my ltd co will be providing is network design for the end client (which is named in the contract SoA), in turn working specifically on one of their service contracts which will involve multiple projects.

Is this pretty standard for a consultancy contract, or should I be looking for a more defined description?