Originally posted by cannon999
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Restrictive covenant
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Originally posted by Lance View Postuntil they get the evidence?Comment
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Originally posted by cannon999 View PostNothing has happened yet, which is why I am asking.
what's in it for you? You're a business remember... There might be nothing, and that's fine I suppose, but what about the risks
breach of contract - you'll be doing that. For no business beneift you'd be willing to breach a contract with your supplier?
evidence - how likely are they to find out? Only you can speculate that. I figured that the guy I brought in was never going to be found out, but agencies are crafty buggers. Just a hint and they'll start asking questions.
loss of customer. This could cost you the contract. Unlikely but still possible.
getting your ass sued for the missing money. Make no bones about it... the agency will pursue you. If you're still onsite and making them money they won't pursue very hard, but they may replace you and then sue you. I had a good relationship with my agency aty the time so no problem and I even got a different contract off them later.See You Next TuesdayComment
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Originally posted by cannon999 View PostContractor but why is there a difference?
Another question here though. How can a client take a contractor on directly if they have an agreement. Surely if you introduce someone to the client they will just tell them to go via agent anyway.
This isn't all that straight forward so you've got to work it out, not just fire off random questions.
If you can't understand the contract or the nuances of doing business in your environment you are best keeping well away from it.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by Lance View Postyou need to consider...
what's in it for you? You're a business remember... There might be nothing, and that's fine I suppose, but what about the risks
breach of contract - you'll be doing that. For no business beneift you'd be willing to breach a contract with your supplier?
evidence - how likely are they to find out? Only you can speculate that. I figured that the guy I brought in was never going to be found out, but agencies are crafty buggers. Just a hint and they'll start asking questions.
loss of customer. This could cost you the contract. Unlikely but still possible.
getting your ass sued for the missing money. Make no bones about it... the agency will pursue you. If you're still onsite and making them money they won't pursue very hard, but they may replace you and then sue you. I had a good relationship with my agency aty the time so no problem and I even got a different contract off them later.
My understanding is that to get money out of the lawsuit here they would need to prove loss of income. How would they prove that they have lost out on income based on my recommendation? Since I am not getting anything out of it or any other entity - where is their loss? If there is a loss - how do they quantify that loss if the contractor in question would have never agreed to go through them? I think these are all pretty logical questions.Comment
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Originally posted by cannon999 View PostThey won't be replacing me, that's 100%. I am not worried about any sort of loss of business situation here.
My understanding is that to get money out of the lawsuit here they would need to prove loss of income. How would they prove that they have lost out on income based on my recommendation? Since I am not getting anything out of it or any other entity - where is their loss? If there is a loss - how do they quantify that loss if the contractor in question would have never agreed to go through them? I think these are all pretty logical questions.
The situation is becoming so unrealistic its hardly worth examining either. If the Clent can't or won't take the recommendation on directly they this chain of discussion is completely pointless.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostThey are but the answers are very basic and appear to be completely passing you by.
The situation is becoming so unrealistic its hardly worth examining either. If the Clent can't or won't take the recommendation on directly they this chain of discussion is completely pointless.Comment
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Originally posted by cannon999 View PostYet I haven't heard an answer yet? How do you quantify the loss of the agent in this case?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by cannon999 View PostYet I haven't heard an answer yet? How do you quantify the loss of the agent in this case?
You are viewing this through a bubble that is centered on you but you are not the centre of the contractual chain.Comment
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Originally posted by cannon999 View PostThey won't be replacing me, that's 100%. I am not worried about any sort of loss of business situation here.
My understanding is that to get money out of the lawsuit here they would need to prove loss of income. How would they prove that they have lost out on income based on my recommendation? Since I am not getting anything out of it or any other entity - where is their loss? If there is a loss - how do they quantify that loss if the contractor in question would have never agreed to go through them? I think these are all pretty logical questions.
The first thing they do is send you letter demanding a guessed day rate for an amount of time. They'll basically start high by demanding the full rate as lost revenue
You now have a solicitors letter, pointing out that you've breached the contract, and demanding immediate payment of between £60,000 and £100,000 (6 months or so)
Your choices are:
1) argue that it should be less and make a suggestion
2) argue that they should only have £10k as that's their profit (although it doesn't work like that in the court)
3) argue that they have suffered no loss (this does risk you being binned whatever you might think)
4) deny it completely.
They quantify it like that. It's then down to you. You have to play it very carefully.... The agency can now sniff up to £100k extra. They also know that you're unlikely to wind the company to avoid that as you'd lose the work. They are in the driving seat as you've breached the contract.See You Next TuesdayComment
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