Reply to: Rate Cut - Before Starting!

[Xenophon]

Perhaps you mean an Oral agreement rather than a verbal agreement ?

Mmmmmm.......oral.........

Xeno in 'when will I grow up and stop finding the word "oral" amusing' mode

[Central-Scrutiniser]

Yes, but that means the OTHER party won't prove it either (and if they recorded conversation then you will be shown right), hence you can also declare this contract null and void.

Perhaps you mean an Oral agreement rather than a verbal agreement ?

[Xenophon]

Daily rate is for 7.5 hours in my book...

Well said. Mine is 8 - as per my contract. Plus I am contracting for a big bank - you don't have to do silly hours after all.

[AtW]

"Verbal agreement is as legally binding as written."
But impossible to prove unless you recorded the conversation

Yes, but that means the OTHER party won't prove it either (and if they recorded conversation then you will be shown right), hence you can also declare this contract null and void.

[ratewhore]

Daily rate is for 7.5 hours in my book...

[Clog II The Avenger]

You have to walk away and tell the client why. The rate agreed is the rate agreed, otherwise you might as well give up contracting.

Best of luck

Well said that man. I have done this a few times much to the rage of agents who always forgive me when they need my skills again.

[premiere]

Update

All sorted.

Spoke to end client again last night...They called me after liasing with their own US headquarters at 9PM UK time, but 1PM California time

Turns out my rate was never an issue and neither was the UK agency markup of 17%...twas the US Consulting Company's fault who added on their own 41% markup!!!!!

Now I have it all sorted. UK agency has a contract with end client in UK. The US Consulting firm is being paid a 'finders fee' by the UK end client to shut them up, which is nice of them.

Got my original agreed rate, plus 2% of the UK agency margin (agreed with agency...end client doesn't know and doesn't need to know)...after I insisted because of being mucked about.

Contracts in the post today and starting on Tuesday.

Have to say that the end client have bent over backwards to sort this out, which gives me some confidence in working on their site with them.

Finally, got the Uk agency to agree to weekly payroll (protecting myself in case it all goes t*ts up) and got my rate done into hours and not my normal daily rate...As you are all aware, there can be a huge difference in pay over the course of a month...I.E Banks pay a daily rate and expect 10, 12 or 14 slave hours days for fixed rate, but hourly means you get paid for the 10, 12 or whatever hours you work, minus any goodwill you decide to give them...I.E I wouldn't invoice them for any extra if my working day went over by half hour or so......but anymore and they get billed.

Sorry, also should've said...the end client does not take contractors direct.

[BoredBloke]

"Verbal agreement is as legally binding as written."

But impossible to prove unless you recorded the conversation

[ASB]

Verbal agreement is as legally binding as written.

Quite true. But unfortunately as easy to verify as the paper it's written on.

[BobTheCrate]

You seem to be fairly on top of this Premier - i.e you've told the client what's been told to you by the agency.

If you haven't already, feel the client out about going direct with them because of the nonsense the agency is playing - quote the rate you originally expected which will be substantially lower than they'd have paid the agent/cies. Try to keep in regular contact with the client.

I can't see the RC letting you walk away. Having secured the deal, if the RC let's you walk he/she will be mighty upset & their boss extremely angry with them for allowing this to happen.

Be prepared to walk. Call the agent's bluff and/or try going direct. The agent has already broken the verbal agreement and cannot easily hold you to your side of any verbal contractual agreement.

Hopefully things will work out for you.

[AtW]

Verbal agreement is as legally binding as written.

[Mordac]

You have to walk away and tell the client why. The rate agreed is the rate agreed, otherwise you might as well give up contracting.

Best of luck

[MikeP]

Some agents will quote you a higher rate than the client offers.

Of course then it's "the client won't pay/hasn't go the budget/whatever". I know for a fact that I've been lied to before. Even "lack of certain skills" can be completely made up excuse to get you down. I know from talking to my clients and from hiring contractors myself that most clients rarely negotiate.

Consider what it's like to be in a hiring position on a project. It's quite simple: There's a budget there are CVs, we pick the good ones, we interview, we hire the one we like. I'm trying to get real work done, interviewing and wading though CV's is a nuisance and I certainly don't have time for back and forth to squeeze £10 off a rate - in fact if I hire someone I want them to be happy & untimately to do a good job.

[MarillionFan]

Death of a contract through a thousand cuts.

Everyone wants a piece of the pie but no-one wants to cook it.

Too many cooks spoil the broth.

Agents are c-nts.

[BoredBloke]

Could you not go direct?

Who is the US consultancy?