Breach of clause "contractor cannot use subcontractors"

[ronkeen]

My contract with my agency had a clause(apparently) that contractor(I) cannot use subcontractors. I simply did not see that clause when signing. However using subcontractors was communicated to the client in the initial interview, also from the start of the contract ,the clientCo Project Manager was fully aware that I use subcontractors.

I delivered as required and deployed a software product that was requested of me and then a new set of functionality was requested for second release. I had started the development process. At this time the contract was terminated.

So clientCo does not want to pay for anything , citing contractor using subcontractors is a security risk.

I can't take my agency to court because , as mentioned, apparently my agency contract forbids subcontractors.

My question is : Is a client legally obliged to pay the days worked until termination, considering the client's point of contact- Project Manager - was aware and approving of the fact contractor was using subcontractor(s)....

This is in Germany btw ... a language I do not sprache.

[Fred Bloggs]

Oh dear, in Germany and you don't speak German. Myself, if you have lost little or nothing at this point, I'd move along and find the next opportunity, being a lot more careful of the contract I signed.

[SueEllen]

This is a UK based site so asking us about aspects of German contract law isn't going to get you far.

Oh and in future pay someone else to look at your contracts who is both qualified and fluent in the language the contract is written in as it will ensure you don't miss clauses like this out.

[washed up contractor]

My contract with my agency had a clause(apparently) that contractor(I) cannot use subcontractors. I simply did not see that clause when signing. However using subcontractors was communicated to the client in the initial interview, also from the start of the contract ,the clientCo Project Manager was fully aware that I use subcontractors.

I delivered as required and deployed a software product that was requested of me and then a new set of functionality was requested for second release. I had started the development process. At this time the contract was terminated.

So clientCo does not want to pay for anything , citing contractor using subcontractors is a security risk.

I can't take my agency to court because , as mentioned, apparently my agency contract forbids subcontractors.

My question is : Is a client legally obliged to pay the days worked until termination, considering the client's point of contact- Project Manager - was aware and approving of the fact contractor was using subcontractor(s)....

This is in Germany btw ... a language I do not sprache.

In the UK, if you do the work, they have to pay. In Germany though, who knows? You need to contact a German contract lawyer to see where you stand if it is a sizeable amount of money we are talking about.

If it isnt, put it down to a learning process and realise 'simply not seeing' this clause is no defence.

Oh, and if you do decide to speak to a German Contract Lawyer, best probably asking them for a quote of how much they'd charge to look into this, eh?