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What a mess! And what to do with it?

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    What a mess! And what to do with it?

    Here is a contract between Supplier and Agency to do service for the client, let's call them ClientOne.

    The contract says "ClientTwo would be able to terminate a Supplier’s contract with immediate effect if it becomes apparent that the Supplier is not needed for the full contract duration".

    ClientTwo has nothing to do with ClientOne apart from the fact that probably it's also the client of Agency and it's name was forgotten to be replaced with CompanyA when Agency worked hard on preparing the new contract.

    Now, surprise-surprise, ClientOne changed plans and wants to terminate the contract earlier. Where the Supplier is legally standing with this messy contract?
    Last edited by Ltd; 15 April 2015, 19:02.

    #2
    Or, to cut a long story short - the agency accidentally included an old client name in your contract and now you're hoping to use that to avoid a contract termination.

    Yeah, good luck.

    Comment


      #3
      Originally posted by vwdan View Post
      Or, to cut a long story short - the agency accidentally included an old client name in your contract and now you're hoping to use that to avoid a contract termination.

      Yeah, good luck.
      Your reply hardly gives any answer to my question I am afraid.

      Comment


        #4
        As the supplier's contract is with the agency, I suspect all the agency would have to do is to call his mate at ClientTWO and say "Can you terminate this contract for me?"

        Comment


          #5
          Originally posted by Ltd View Post
          Your reply hardly gives any answer to my question I am afraid.
          Do you really think you stand a chance here?

          Comment


            #6
            Originally posted by Ltd View Post
            Here is a contract between Supplier and Agency to do service for the client, let's call them ClientOne.

            The contract says "ClientTwo would be able to terminate a Supplier’s contract with immediate effect if it becomes apparent that the Supplier is not needed for the full contract duration".

            ClientTwo has nothing to do with ClientOne apart from the fact that probably it's also the client of Agency and it's name was forgotten to be replaced with CompanyA when Agency worked hard on preparing the new contract.

            Now, surprise-surprise, ClientOne changed plans and wants to terminate the contract earlier. Where the Supplier is legally standing with this messy contract?
            Check your contract for the bit that says "Errors and Ommisions Excepted".

            It's clearly an administratve error, changing the name of the client does not materially change the terms of the contract, client co is still able to terminate as they see fit.
            "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

            Comment


              #7
              Originally posted by FatLazyContractor View Post
              Do you really think you stand a chance here?
              Two chances, slim and none

              Comment


                #8
                Originally posted by Ltd View Post
                Where the Supplier is legally standing with this messy contract?
                The supplier says "I can see you made a mistake, but rather than be an idiot about it, I'll let you terminate the contract" - looks professional, and walks away from it all.

                Alternatively, agency invokes the "no timesheet, no pay" clause or the "we can terminate immediately" clause or whatever else there is for them to get out of the contract, you argue it and either sue (and lose) or walk away at that stage.

                It's really not worth it - there was a mistake because they didn't correct the template properly. Find something else to do now that they've terminated it.
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                Comment


                  #9
                  Substance over form...
                  I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

                  Comment


                    #10
                    Originally posted by Ltd View Post
                    Here is a contract between Supplier and Agency to do service for the client, let's call them ClientOne.

                    The contract says "ClientTwo would be able to terminate a Supplier’s contract with immediate effect if it becomes apparent that the Supplier is not needed for the full contract duration".

                    ClientTwo has nothing to do with ClientOne apart from the fact that probably it's also the client of Agency and it's name was forgotten to be replaced with CompanyA when Agency worked hard on preparing the new contract.

                    Now, surprise-surprise, ClientOne changed plans and wants to terminate the contract earlier. Where the Supplier is legally standing with this messy contract?
                    It's not a mess - you're just a person of questionable moral integrity.

                    Comment

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