I worked on a system that had almost no requirements and no test team, and an insane deadline due a law coming into existence. However now the system is live I am told that the users can sue my client if the system doesn't audit certain data. I got the impression they were implying I would be held responsible? Is that possible. I did my best based on the fragments of information i had.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Liability
Collapse
X
-
-
Originally posted by louie View PostI worked on a system that had almost no requirements and no test team, and an insane deadline due a law coming into existence. However now the system is live I am told that the users can sue my client if the system doesn't audit certain data. I got the impression they were implying I would be held responsible? Is that possible. I did my best based on the fragments of information i had.
Also, remember that if you are operating a limited company then it most likely your company that will be held liable and not you personally (provided you didn't sign your life away in the contract). The fact that your company probably has no assets means there is unlikely to be legal action taken, in my opinion.Free advice and opinions - refunds are available if you are not 100% satisfied. -
Originally posted by Wanderer View PostThis is why people take out professional indemnity insurance...
Also, remember that if you are operating a limited company then it most likely your company that will be held liable and not you personally (provided you didn't sign your life away in the contract). The fact that your company probably has no assets means there is unlikely to be legal action taken, in my opinion.Comment
-
Originally posted by louie View PostI don't have the insurance, but given I wasn't given the correct information and support (testers) etc I don't see how they could ever hold be fully responsible.
Also the lack of analysis doesn't help your argument unless you can accurately show that the initial information you got was confirmed as correct by the third party. If you were working agilely with continuing changing requirements they could easily used your defence against you.
The killer thing here is that Lawyers will destroy you with both time and money so I view indemnity insurance as both something my clients like and something that when things go wrong allows me to offload the problem to a specialist asap.
Assuming all your contract paperwork is in your company name your best option is probably to close you current company down asap and start your next contract as a new company. Oh and find some indemnity insurance for your next contract its very cheap if you end up needing it.Last edited by eek; 19 October 2012, 05:54.merely at clientco for the entertainmentComment
-
It's unlikely that clients are going to sue, more likely they would complain and it would get fixed. If they were going to sue you, they'd have to demonstrate negligence and even if they did sue they could only sue your Ltd company. The fact that they managed the project would make it very difficult to prove negligence. You would have to do something pretty glaringly "stupid" like delete all their code.
I wouldn't get fussed about it, you don't have a lot to be worried about.Last edited by BlasterBates; 19 October 2012, 06:18.I'm alright JackComment
-
Originally posted by louie View PostI don't have the insurance, but given I wasn't given the correct information and support (testers) etc I don't see how they could ever hold be fully responsible.Blog? What blog...?Comment
-
Originally posted by Wanderer View PostThis is why people take out professional indemnity insurance...
Also, remember that if you are operating a limited company then it most likely your company that will be held liable and not you personally (provided you didn't sign your life away in the contract). The fact that your company probably has no assets means there is unlikely to be legal action taken, in my opinion.
.Comment
-
Originally posted by BlasterBates View PostIt's unlikely that clients are going to sue, more likely they would complain and it would get fixed. If they were going to sue you, they'd have to demonstrate negligence and even if they did sue they could only sue your Ltd company. The fact that they managed the project would make it very difficult to prove negligence. You would have to do something pretty glaringly "stupid" like delete all their code.
I wouldn't get fussed about it, you don't have a lot to be worried about.
The threats are there because they want it done for free so just calmly call them back and point out it that while you would be happy to help its a change request that you will happily quote and charge for. You can also do it quickly if you can work from home (which would allow you to do it in your own time or offload it to elance and pocket the difference).merely at clientco for the entertainmentComment
-
Comment
-
Originally posted by eek View PostActually I think that makes it more likely rather than less likely. The fact that you did it all by yourself without support means that they can point out the obvious target (the lone developer) and helps them clearly deflect the blame from them to you.
Also the lack of analysis doesn't help your argument unless you can accurately show that the initial information you got was confirmed as correct by the third party. If you were working agilely with continuing changing requirements they could easily used your defence against you.
The killer thing here is that Lawyers will destroy you with both time and money so I view indemnity insurance as both something my clients like and something that when things go wrong allows me to offload the problem to a specialist asap.
Assuming all your contract paperwork is in your company name your best option is probably to close you current company down asap and start your next contract as a new company. Oh and find some indemnity insurance for your next contract its very cheap if you end up needing it.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment