Reply to: Can a contractor sue the end client for not providing the work promised ?

[Mich the Tester]

It used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.

Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now

I'm glad you told us about this. Should things get really desperate I can apply for C# roles, piss around with excel and nobody need know that I haven't the first bloody clue about C#.

[EternalOptimist]

It used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.

Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now

[Mich the Tester]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

One other contractor complained about this broken promise of C# .Net work and was promptly marched out of the building on the very same day he voiced his protest.

I was wondering is there any scope to sue the end client for misleading me into this role given it may well have an impact on my future employment getting de-skilled etc. I know you guys will say "serves you right for sticking in the role" but it was the sort of old school environment where questioning something gets you kicked out immediately (exactly what occurred to the other guy).

thanks for any advice, (even if its "you aint got a chance in hell at suing for loss of future potential earnings !)

When you switched from being a permie to being a contractor, you switched from being a slave to being a whore. Not the kind of whore that sucks cock, but you get my drift. The kind of whore who gets paid by the hour to do stuff the client wants doing. Build a reputation for doing it well and being a nice bloke and you might earn more and more. Complain and moan and sue your clients and you can be sure nobody will hire you, even to suck their cock.

In other words, walk or learn to live with it.

[KentPhilip]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

I don't think you're a sockie, so I'll give a serious answer.

BooHoo baawhaahaawa!

OK.

1. It would have been apparent to you after a few days at the most that the client had broken its agreement with you to give you C# work, yet you continued to work for them for a further 5 months. I think any court would consider this as you offering consent to an implicit change in the contract to reflect the actual work done.
Had you not accepted this you would have quit the contract there and then.

2. As someone else said, your contract is with the agent, so you'd need to sue them not the end client.

3. Have a look at the small print of the contract. I bet it has something saying you have to do other work as defined by the client. Yes this would be IR35 unfriendly, but there is a good chance it is there.

4. To claim damages you have to prove you suffered a financial loss as a result of them breaking their terms. What was this loss? - they paid you after all.

[SueEllen]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

1. What questions did you ask at interview about the work? Many clients will tell you what they expect you to do or help with if you ask them, which may not be mentioned or disagrees with what is written down on the initial contract given to you.

2. Have you seen the contract between the end-client and agency? Are you sure it mimics yours? If not the end-client is within their rights of terminating you because you are not fulfilling the services they want for you.

In short it's up to you to ask the right questions, check the contract thoroughly and make sure it agrees with what services you provide.

[~Craig~]

I think you need to find a permie job.......you're clearly not cut out to be a contractor!

[NotAllThere]

What I don't like is that the end client can deceive you with impunity with no recourse and many of you think that is ok and acceptable ...

I don't think we do think it's ok. But I've created a poll to make sure.

[psychocandy]

Hmmm. I also wonder why the OP is moaning. It happens. As long as you get paid who cares?

If you're that bothered get another contract.

Personally, if the client wants me to sweep the car park I'll do it as long as they pay me the same.

[lukemg]

Congrats to this sockies owner - Totally clueless proposition hooked people in well and good persistence in the follow up that they were right, there must be something I can do, it's SO unfair.
Trouble is, the story is so ridiculous I think you will lose most people quite quickly.

[minestrone]

Think of the positives, you are getting C# rates for VB work? boomed.

Or you could just punch the manager.

[JoJoGabor]

I'm thinking more in terms of getting something back in terms of being shafted in business - business is not just about sitting there earning money from a client and following their wishes exactly and not questioning their word ever. I know you guys think that contractors suing end clients is a 'no-no' as it creates a bad industry rep. but I am sick of tired of ending up on a client site and being led into a role that was not even 97% what was agreed upfront.

Did you think about asking what the role entailed in the interview? This is how it should have gone in the interview:
You: What will a typical day/week involve.
Them: 95% VB development and 5% C# development.
You: ah I want to focus on C# development, is that going to be possible?
Them: No
You: OK for that reason, I am out. Goodbye

[BlasterBates]

You can't sue the end client, you sue the agency, and you have absolutely no chance, you'll lose
Won't your contract be up for renewal in a few months? you can get a new one. Don't see how a few months working on VB is going to harm you.

Might be a good idea to cuddle up to the bank, with economic storm clouds looming, you want to be more interested in your bank account rather than some "artificial" language.

You can always convert your code into C# automatically and then you can tell you future clients you wrote loads of C#. When you go for a new interview they won't check back to your previous client, they'll test you on your knowledge, on the CV you write C# and VB even if it's 5% C#. You want to be more worried about passing the tests, and you don't learn how to do that by writing code, you do that by reading books.

[alreadypacked]

My WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.

One other contractor complained about this broken promise of C# .Net work and was promptly marched out of the building on the very same day he voiced his protest.

I was wondering is there any scope to sue the end client for misleading me into this role given it may well have an impact on my future employment getting de-skilled etc. I know you guys will say "serves you right for sticking in the role" but it was the sort of old school environment where questioning something gets you kicked out immediately (exactly what occurred to the other guy).

thanks for any advice, (even if its "you aint got a chance in hell at suing for loss of future potential earnings !)

Count yourself lucky, I know a guy who did 2 interviews got the role "JAVA developer" spent 6 months doing his bosses work, became a powerpoint expert. He refused to extend his contract, his boss refused to give him a reference as he had not see him do any JAVA development.

HTH

[Scrag Meister]

Actually sounds like a great role for me.

As my main skillsets are the exact reverse, hardcore VB and a little C# on the side.

Not a large American Bank in Canary Wharf by any chance? :-) Have seen this a few times.

Sub me in , only £650 a day.

I presume your contract is with the agency, so its them that are responsible really.

[cojak]

I'm so pleased I missed this one

They hire you, you work, they pay you.

Did you deliver the products they wanted you to deliver?

It's the what that's important, not the how.

Get off yer high horse and give the client what they want.