Verbal contract extension - Does it hold? Verbal contract extension - Does it hold? - Page 3
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  1. #21

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    Quote Originally Posted by Catafracta View Post
    Does this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?
    No. It's explained in the post you just responded to. There is a difference between ending the contract and just not being paid as there is no work (which is in the contract). The contract is still in force even if the contractor isn't getting paid.

    No work = no pay and the contract then naturally expires on the date it says. You won't get paid another penny during the duration of the contract....so from the contractors perspective the contract has ended when it hasn't really. A contractor just not coming in is clear breach.
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  2. #22

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    Quote Originally Posted by Catafracta View Post
    Does this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?
    No. They can give you three months notice of contract termination, but say - we're not giving you any more work. You have to work out your notice.
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  3. #23

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    Quote Originally Posted by Catafracta View Post
    Does this mean that the contractor can also stop the assignment from one day to another, and step out of the contract with no notice at all?
    Quote Originally Posted by NotAllThere View Post
    No. They can give you three months notice of contract termination, but say - we're not giving you any more work. You have to work out your notice.
    Or you tell the client you are not available for the next x days and give notice to terminate the contract.
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  4. #24

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    Quote Originally Posted by Old Greg View Post
    Or you tell the client you are not available for the next x days and give notice to terminate the contract.
    There is that but.... in theory there is a good chance this would come back and bite you if it went legal. Once in a contract there are certain obligations to do the work if it's offered with pay. Being off and terminating contract while you are off is a pretty thinly veiled excuse to get out of the contact, usually meaning the client loses out. The courts love siding with parties that lose out so you'll be on a wish and a prayer defending that one, particularly if you've started the new gig in the period you were still in contract or, or very soon after.

    But that's just theory... Question is.. Do you feel lucky punk?
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  5. #25

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    Quote Originally Posted by northernladuk View Post
    There is that but.... in theory there is a good chance this would come back and bite you if it went legal. Once in a contract there are certain obligations to do the work if it's offered with pay. Being off and terminating contract while you are off is a pretty thinly veiled excuse to get out of the contact, usually meaning the client loses out. The courts love siding with parties that lose out so you'll be on a wish and a prayer defending that one, particularly if you've started the new gig in the period you were still in contract or, or very soon after.

    But that's just theory... Question is.. Do you feel lucky punk?
    You make it sounds as if MOO is only one way, I know it’s opening a world of hurt if you do this to a client, but technically there’s nothing stopping you refusing to take on more work even if midway through a contract. Or doing a NWP2C if you will
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  6. #26

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    Quote Originally Posted by SimonMac View Post
    You make it sounds as if MOO is only one way, I know it’s opening a world of hurt if you do this to a client, but technically there’s nothing stopping you refusing to take on more work even if midway through a contract. Or doing a NWP2C if you will
    Yep and that's the reality of the situation to counter my theory. I just though i'd spell out what is possible to the poster as they are struggling to grasp the situation. They've got both sides and hopefully a clearer understanding of what could happen so he can weigh it up if they are ever in that situation. IMO, to advise someone in his position that just walking is fine isnt great (or at least full) advice if you see what I mean.
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  7. #27

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    Quote Originally Posted by northernladuk View Post
    There is that but.... in theory there is a good chance this would come back and bite you if it went legal. Once in a contract there are certain obligations to do the work if it's offered with pay. Being off and terminating contract while you are off is a pretty thinly veiled excuse to get out of the contact, usually meaning the client loses out. The courts love siding with parties that lose out so you'll be on a wish and a prayer defending that one, particularly if you've started the new gig in the period you were still in contract or, or very soon after.

    But that's just theory... Question is.. Do you feel lucky punk?
    I've never seen that in my contracts. If I'm not available for work, I don't work. If there's no work available, then MyCo doesn't get paid. If you really want to be arsey:

    1. Tell them you're unavailable for the next 30 days
    2. Give 30 days notice
    3. Insist on sending in a Sub for the notice period
    4. Graciously agree to call it quits when they try to stop you sending a Sub.

    It's not how I do business, but contractually, I reckon you'd get away with it. Does anyone really lose in court in these circumstances?
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  8. #28

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    When one side has the money and the other side does not, there’s usually an imbalance of power. The agent knows this and always sides with the client.
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  9. #29

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    Quote Originally Posted by LondonManc View Post
    When one side has the money and the other side does not, there’s usually an imbalance of power. The agent knows this and always sides with the client.
    It's not about money - a client can always give more work to an agent, a contractor won't (or only incredibly rarely) bring work to that agent.
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