Reply to: Sometimes, you just can't win

[DiscoStu]

Offered a "no notice contract" and reassurances.

Interview this afternoon.

Good luck

[TheFaQQer]

Offered a "no notice contract" and reassurances.

Interview this afternoon.

[TheFaQQer]

Do you want to be doing 5 days for the full period ? How about 3 day weeks ?

Ideally, I'd like a 1 day week, earning 5 times my daily rate.

They need someone in to help deal with the extra work that they are experiencing at the moment, so chances of doing a short week are slim. It's another suggestion I'll put to them this morning, though.

Ta.

[Spacecadet]

Well, it does sound exceedingly dodgy.

"Hi, and to reassure you that there is no hidden or ulterior motive on my part, I'm going to remove from my contract the ability for me to serve notice until the project is complete".

I'd be looking for the angle in that, trust me.

Everyone in business has a hidden agenda.

Part of doing business is trust. A contract isn't worth the paper its written on if either party can't have some basic trust in the other.
Businesses are in Business to make money, FaQQers problem is that they think he might scarper off to make more money elsewhere. He just needs to give some gentle reassurances that this isn't the case. He's worked with them before, they seem happy with his work, he just needs to bring something to the table to close the deal.

As for hidden agenda's, you are way to sceptical or have been very badly burnt in the past.

[FiveTimes]

They said that "taking into account your previous rates, the rate that we are able to offer may not be enough to sustain you for the full contract period".

Do you want to be doing 5 days for the full period ? How about 3 day weeks ?

[NotAllThere]

Eg..except in the case of sudden death in the immediate family, and then the client will start to wonder if there is some sort of devious manufacture to the whole thing.

Like BT won't finish a contract if a director's missus snuffs it.

[TinTrump]

If they are worried about you leaving early then address this in the contract, offer to sign it for 12 months.

Simples

Surely the contract timescale - of 6 months, never mind 12 - is irrelevant to the client's concern that TheFaQQer may give notice and leave?

Spacecadet's idea of deliverables seems on the right track. Someone on another post suggested x amount upfront and the main tranche at the end in a similar situation. Good idea, but in this case depends upon how much of the work is reliant upon other peoples' contribution I would think.

[TheFaQQer]

Well, it does sound exceedingly dodgy.

"Hi, and to reassure you that there is no hidden or ulterior motive on my part, I'm going to remove from my contract the ability for me to serve notice until the project is complete".

I'd be looking for the angle in that, trust me.

Everyone in business has a hidden agenda.

The last contract I did with IBM was written that way - they could give notice, but I could not. Maybe they are dodgy, though, or just worried that some people would scarper as soon as they got a better offer - not entirely unreasonable.

Notice periods are for permies anyway - I don't want one.

[TheFaQQer]

So you think 10% reduction in rate suddenly makes it from presumably HUGE to "so low"? I'd like to know the details on how you came to this conclusion, did they tell you this to your face?

They said that "taking into account your previous rates, the rate that we are able to offer may not be enough to sustain you for the full contract period".

[TheFaQQer]

Tell the client to pay you the whole amount of the contract up front, that way you will feel compelled to finish the contract, because you are a decent person.

That's plan B.

[AtW]

Cut my rate by another 10% from last year so that I'm in with a shout.

Now they are worried that because the rate is so low, I might not stick out the 6 months if something better comes along.

So you think 10% reduction in rate suddenly makes it from presumably HUGE to "so low"? I'd like to know the details on how you came to this conclusion, did they tell you this to your face?

If they are worried about you leaving early then address this in the contract, offer to sign it for 12 months.

Simples

HTH

[Xenophon]

Tell the client to pay you the whole amount of the contract up front, that way you will feel compelled to finish the contract, because you are a decent person.

WHS

[Diestl]

Tell the client to pay you the whole amount of the contract up front, that way you will feel compelled to finish the contract, because you are a decent person.

[Board Game Geek]

The ulterior motive is that he's trying to get the gig!

That's the obvious motive.

Besides, you'd be making a rod to break your own back because putting in such a harsh clause would mean that you might specifically name exceptional exclusions to that clause.

Eg..except in the case of sudden death in the immediate family, and then the client will start to wonder if there is some sort of devious manufacture to the whole thing.

[Spacecadet]

Well, it does sound exceedingly dodgy.

"Hi, and to reassure you that there is no hidden or ulterior motive on my part, I'm going to remove from my contract the ability for me to serve notice until the project is complete".

I'd be looking for the angle in that, trust me.

Everyone in business has a hidden agenda.

The ulterior motive is that he's trying to get the gig!

The contract is there to make both parties feel comfortable with what is expected from the other. It desn't necessarily have to be something which either side is willing to go to court over but it is at the very least a declaration of intent.
Sometimes the intent is backed up with money, hence my other suggestion of remodelling the payment structure so that some was held back, only to be released upon the competion of the contract. This makes better sense then the client trying to recoup percieved monetary loss from the contractor in the event of a serious breach i.e. early and unwarranted termination of the contract by the contractor.