Agency Risk

[kryten22uk]

I've been with a client for 18months, and the project was completed. I was then offered work on another project with the client for 6mths under new contract terms, which I have accepted. However, I am now 1month into the project and the agency still hasn’t provided or signed any contract. In addition, my invoice in respect of January work (under old contract) hasn’t been paid yet. I spoke to someone at the accounts department, who say they paid the agency 4 weeks ago.

So all in all, I am already 1 month into a new 6 month project, with no signed contract, and not having been paid for any work since December.

Obviously I have spoken to agency, who say "we havent been paid yet" and "we havent got a contract yet".

Is it all just tough, or can I / should I do something about it (other than wait and see)?

[Sockpuppet]

Speak to the client.

Tell the you are stopping work untill your invoices are paid. Also tell this to the agency.

Once the client puts their weight behind it then they will budge.

Also do not hand any more timesheets in to the agy. If they are going tits up then best to not let them have any unbilled work.

[deckster]

Put simply, either your client or your agent are having cash flow problems. My money is on the agency - last time this happened to me it cost me £30k when the agency went under.

You have two options - tough it out and hope everything gets sorted, or down tools and say you won't do any more work until you get paid. You're clearly in the best position to say what will happen then. Whatever happens, make sure the client knows everything you're doing and why.

[pmeswani]

I've been with a client for 18months, and the project was completed. I was then offered work on another project with the client for 6mths under new contract terms, which I have accepted. However, I am now 1month into the project and the agency still hasn’t provided or signed any contract. In addition, my invoice in respect of January work (under old contract) hasn’t been paid yet. I spoke to someone at the accounts department, who say they paid the agency 4 weeks ago.

So all in all, I am already 1 month into a new 6 month project, with no signed contract, and not having been paid for any work since December.

Obviously I have spoken to agency, who say "we havent been paid yet" and "we havent got a contract yet".

Is it all just tough, or can I / should I do something about it (other than wait and see)?

Get an email confirmation from Accounts with all the relevant information and send it onto the Agency. Tell them that they have 14 days to pay or you will be seeking legal action. Tell them that their failure to pay is in breach of contract (which is still in effect even though the work has been completed).

In reference to your new contract, advise the client that the agency has not provided any contracts and that they should not pay the agency until such contract has been issued to you and signed.

[kryten22uk]

Speak to the client.

Tell the you are stopping work untill your invoices are paid. Also tell this to the agency.

Once the client puts their weight behind it then they will budge.

Also do not hand any more timesheets in to the agy. If they are going tits up then best to not let them have any unbilled work.

I did speak to the client and they said they paid the bill. I dont know what the issue is regarding why no contract has been signed. Not sure either of what implications that has as to whether I proceed into the 2nd of the 6mths.

[kryten22uk]

In reference to your new contract, advise the client that the agency has not provided any contracts and that they should not pay the agency until such contract has been issued to you and signed.

I get the impression that the agency is holding out on contracts, as the client hasnt signed any yet. But chasing clients to sign contracts is pretty much the only job an agent has, so I dont see why I am the chaser.

[pmeswani]

I get the impression that the agency is holding out on contracts, as the client hasnt signed any yet. But chasing clients to sign contracts is pretty much the only job an agent has, so I dont see why I am the chaser.

So I guess you don't want to get paid for any work that you are currently doing then? If you do, then make it your responsibility to chase the agency to get the contracts in place. Until then, don't submit any timesheets and tell the client that until your invoices are paid and the contract between Agency and Client has been signed, you are downing your tools.

Why should you work for free?

[kryten22uk]

Ok, thanks all. I've given all parties a chase, and I'll just give it a while. I havent really got anything to gain right now from "downing tools", as I havent got any other work on. So I may aswell clock up the hours in the optimistic view that it'll be alright.

[pmeswani]

Ok, thanks all. I've given all parties a chase, and I'll just give it a while. I havent really got anything to gain right now from "downing tools", as I havent got any other work on. So I may aswell clock up the hours in the optimistic view that it'll be alright.

Personally, I think you have a lot to lose by not downing your tools. You are stopping yourself from applying for roles that will bring in business income that your current gig is not providing. As it stands, you are working for free until a contract is in place, which may never happen.

Your time is money, and you are giving your time for free. You are incurring expenditure which is not being covered by any work you are currently doing.

If you don't have a problem working for free, then fair enough, by all means transfer all your money to my bank account as I probably need it more than you.

[kryten22uk]

by all means transfer all your money to my bank account as I probably need it more than you.

Ok no probs, but if you could first send me £150 to cover transaction charges. My Nigerian bank details are ....