No brainer .....

[Troll]

I can't believe I've managed to get in this situation after reading all the sage advice on these forums.

Current client co is within a few miles from home and seemed a good gig when I signed the contract - a three monther with no notice period -

It turns out the place has managed to produce nothing for me to test in the seven weeks I've been here. Last Friday was the final straw and I told the agents I would leave on the 18th Jan.

Here's the rub. The agent's will make a claim against my ltd co for their 'lost profits' if I break the contract, bearing in mind there's a couple of weeks timesheets waiting to invoice it's not something they would have difficulty in doing.

I've already been offered another gig which will run-out past the current end-date of this gig and with shed loads of work/hours available I can cash-in for a good couple of months ....

Should I take the hit and the deduction from this gigs money (bearing in mind there's no way the client will extend after I told them I was sick of being here) and 'koff to the other one, or sit down, shut up and see out the term at boredom central?

Some advice buried within the merciless p-taking would be appreciated.

True life reflections of a young and green contractor who decided to jump out of a contract early for more lucre

If you walk early - key considerations are:

• Can you take the hit of the agent keeping the unpaid (to you) invoices for an extended period while you go through the Courts to resolve it?
• Can you afford to lose the Agency and any subsidiary for finding you work in the future

Presumably you are a one man band with a easy to close Ltd company & no tangible assets

If push comes to shove take out a small claims for the outstanding amount

The Agency will respond by instructing their lawyers to counter sue for loss of earnings

As a Director of a limited company you cannot represent your company at court so the trick is to get through as many stages before this is bought to your attention thereby ensuring the Agent is running up high lawyers fees while you incur nothing.

But
At some stage you will have to engage a solicitor
At some stage you may have to engage a barrister

The Agency should baulk at going to trial for such a trifling sum and be mindful that if they are successful you would immediately shut the Company down leaving them with non recoverable costs

The Agency will probably suggest somewhere along the way to your Solicitor that you both walk away and pay your own costs

Tell them to fook off

Be aware that :

• Even if the Agent settles with your costs you will not see all of the money awarded as your Solicitor is a also a money grabbing barsteward
• It will take an extended period (years) to come to a conclusion

The young man having done it is now older and much wiser & would now see the contract to its conclusion or arrange to get sacked for "Gross Indecency" with the Secretary

HTH

[OwlHoot]

Sorry from the title I thought this was a thread about MF.

Giggle

[bobspud]

I can't believe I've managed to get in this situation after reading all the sage advice on these forums.

Current client co is within a few miles from home and seemed a good gig when I signed the contract - a three monther with no notice period -

It turns out the place has managed to produce nothing for me to test in the seven weeks I've been here. Last Friday was the final straw and I told the agents I would leave on the 18th Jan.

Here's the rub. The agent's will make a claim against my ltd co for their 'lost profits' if I break the contract, bearing in mind there's a couple of weeks timesheets waiting to invoice it's not something they would have difficulty in doing.

I've already been offered another gig which will run-out past the current end-date of this gig and with shed loads of work/hours available I can cash-in for a good couple of months ....

Should I take the hit and the deduction from this gigs money (bearing in mind there's no way the client will extend after I told them I was sick of being here) and 'koff to the other one, or sit down, shut up and see out the term at boredom central?

Some advice buried within the merciless p-taking would be appreciated.

point to the clause in your contract that states that your company is under no obligation to accept work from the client. Then tell the agent that you will set a debt collection agency on them should they attempt to withhold money from you for timesheets that have been signed by the end client...

[bless 'em all]

Clientco could tell agent that they no longer require your services as there is no work for you and therefore terminate the contract.

The client co appear to have less idea of contracts/contracting than me. I've been hinting that for some time. Maybe I should be more direct and punch someone?

Didn't it work for someone who posts on here regularly?

[BA to the Stars]

Clientco could tell agent that they no longer require your services as there is no work for you and therefore terminate the contract.

[rootsnall]

I'd personally sit it out, and would of also kept my trap shut other than a polite have you got any work each week. I very much doubt if the agent would carry out their threat if you play hard ball. But to cover yourself speak to the client nicely and explain why you are frustrated and suggest if there is nothing to do why don't they save some money by letting you go. And also confirming there will be no work for you in an email.

[NickFitz]

Right of substitution?

(Yeah, I know, but somebody was bound to say it…)

[Zippy]

Surely the agent will actually have to suffer a loss to charge you for leaving early? What if they get someone lined up to replace you?

If the gig is not what you agreed to then leave.

Edit: and if you do decide to leave insist the agent proves their lost profits.

[suityou01]

Are you sure you're cut out for contracting?

[d000hg]

Sorry from the title I thought this was a thread about MF.

[bless 'em all]

I can't believe I've managed to get in this situation after reading all the sage advice on these forums.

Current client co is within a few miles from home and seemed a good gig when I signed the contract - a three monther with no notice period -

It turns out the place has managed to produce nothing for me to test in the seven weeks I've been here. Last Friday was the final straw and I told the agents I would leave on the 18th Jan.

Here's the rub. The agent's will make a claim against my ltd co for their 'lost profits' if I break the contract, bearing in mind there's a couple of weeks timesheets waiting to invoice it's not something they would have difficulty in doing.

I've already been offered another gig which will run-out past the current end-date of this gig and with shed loads of work/hours available I can cash-in for a good couple of months ....

Should I take the hit and the deduction from this gigs money (bearing in mind there's no way the client will extend after I told them I was sick of being here) and 'koff to the other one, or sit down, shut up and see out the term at boredom central?

Some advice buried within the merciless p-taking would be appreciated.