Breaking Contract - Not Signed

[eonchange1]

Hi,

I'm relatively new to contracting so please forgive me if this is a bit of a naive question. I've been working for my client company for over a year now and was offered an extension over the Christmas break. During the break I have been offered a contract elsewhere with with more money and less travel. The complication is that I have worked 2 day without signing the extension as I knew this might be coming

If I haven't signed the contract extension is the contract still enforceable? I'm aware I wont get paid for the 2 days I've worked but the new contract should make up for that in day rate.

Thanks in advance

[northernladuk]

Hi,

I'm relatively new to contracting so please forgive me if this is a bit of a naive question. I've been working for my client company for over a year now and was offered an extension over the Christmas break. During the break I have been offered a contract elsewhere with with more money and less travel. The complication is that I have worked 2 day without signing the extension as I knew this might be coming

If I haven't signed the contract extension is the contract still enforceable? I'm aware I wont get paid for the 2 days I've worked but the new contract should make up for that in day rate.

Thanks in advance

Yes it is. You accepted the terms by turning up and working. You can't just bury your head in the sand with this stuff and hope no one notices. Going in site without a signed contract is very bad practice.

You should legally get paid the 2 days as you did work them but you'll not get it due to the crap storm that is about to happen. There are going to be some very very upset people when you tell them. There is also the possibility you will get sued for breach of contract if you don't work the required notice.

[Old Greg]

Yes it is. You accepted the terms by turning up and working. You can't just bury your head in the sand with this stuff and hope no one notices. Going in site without a signed contract is very bad practice.

You should legally get paid the 2 days as you did work them but you'll not get it due to the crap storm that is about to happen. There are going to be some very very upset people when you tell them. There is also the possibility you will get sued for breach of contract if you don't work the required notice.

Hmmm. Options if the OP is going to take the other contract.

1. Send a sub. If the client refuses, offer to terminate contract immediately by mutual consent.
2. Give required notice to terminate contract. Tell client you are not available for the rest of the contract period. Offer to write off the 2 days as a goodwill gesture.
3. Explain the situation honestly and apologise. Tell them the travel is putting strain on your family. Offer to write off the 2 days as a goodwill gesture. Offer to come in for a further day at some point in the next month or so to hand over to a replacement.

This isn't at all ideal, but with some imagination, it can be managed.

[northernladuk]

All the above. There is also the option of delaying the start of the new gig. They've offered it now and it's going to take longer to go get someone else thank wait a week or so for the OP to end the current gig properly.

With such a quick turn around I wonder if the OP is getting his contract properly checked by a professional.

Good lesson for the OP on what not to do in the future if nothing else.

[Old Greg]

All the above. There is also the option of delaying the start of the new gig. They've offered it now and it's going to take longer to go get someone else thank wait a week or so for the OP to end the current gig properly.

With such a quick turn around I wonder if the OP is getting his contract properly checked by a professional.

Good lesson for the OP on what not to do in the future if nothing else.

The OP has a new contract paying better with less travel. I know what I think the lesson is.

[northernladuk]

The OP has a new contract paying better with less travel. I know what I think the lesson is.

From that I don't think we are thinking the same lesson.

[Old Greg]

From that I don't think we are thinking the same lesson.

You are thinking of a non-lesson, I reckon.

[northernladuk]

You are thinking of a non-lesson, I reckon.

I am?

[Old Greg]

I am?

What lesson are you thinking of?

[malvolio]

What lesson are you thinking of?

That one of you needs to understand contract law a little better?