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Extensions to contract not signed but agreed on email

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    Extensions to contract not signed but agreed on email

    Hello -
    Being an IT contractor working under my own LTD, I was offered a 3 month extension a couple weeks ago by my recruiter on behalf of the client for who I have been engaged with for the last 6 months on a huge IT project. The agreement was made over email between myself and the recruiter.

    To my astonishment last week I received an email from the recruiter saying 'there is a change of plan and the client wishes to address the changes with me personally'. My lead on the project indicated that there was 'no scope for the agreed 3 month extension now that they have hired a new lead manager and that they were very sorry but the best they could manage would be 2 additional weeks only'.

    Understanding that the project was coming to fruition and that resources were being scaled back I reluctantly agreed to the 2 week extension, thinking that I can source a new contract during the 2 weeks or so that I am extended. (However the 10 weeks would have been preferred obviously as it would mean an extra £22,5K)

    However, as it now turns out the client has NOT even signed the additional 2 week extension and have failed to mention to the recruiter that they do not intend to honour that agreement either. Effectively my contract deadline is a couple weeks away. I simply dont have time between then and now to attend interviews and line up a brand new contract, I will be out of pocket for at least 2 weeks, possibly longer as it's going into the worst time of year for contracts: Summer

    Can I ensure that the client pays for the agreed 2 weeks at the very least - will a contract lawyer get them to do this?
    Need advice!

    #2
    Even if they were obliged to give you 2 extra weeks, which they are not, are they obliged to offer you work?

    Sadly you will have to move on.

    Start looking immediately.

    Comment


      #3
      Originally posted by IlCrYpTeDaTa View Post
      Understanding that the project was coming to fruition and that resources were being scaled back I reluctantly agreed to the 2 week extension, thinking that I can source a new contract during the 2 weeks or so that I am extended. (However the 10 weeks would have been preferred obviously as it would mean an extra £22,5K)
      Surely if you knew this then the 3 monther was never going to work?

      Never account for money you haven't earned as a contractor. Many of us would be close to despair if we ran our businesses this way.

      However, as it now turns out the client has NOT even signed the additional 2 week extension and have failed to mention to the recruiter that they do not intend to honour that agreement either. Effectively my contract deadline is a couple weeks away. I simply dont have time between then and now to attend interviews and line up a brand new contract, I will be out of pocket for at least 2 weeks, possibly longer as it's going into the worst time of year for contracts: Summer
      But you had time with a 2 week extension? You won't be out of pocket as you didn't earn it as per my previous comment.

      Don't believe the rubbish about worst time of year. There is a reason why every month is the worst time of year if you can be bothered to go through them. If a client needs resource for projects with a business case they'll go get them irrespective of time of year.

      Can I ensure that the client pays for the agreed 2 weeks at the very least - will a contract lawyer get them to do this?
      Need advice!
      Absolutely not. You didn't sign anything so nothing to demand. Even if you did I expect there will be a clause in your contract stating no pay without a signed timesheet. If you didn't work you don't get a signed timesheet = no pay.

      An unfortunate situation and is the sharp end of being a flexible resource to be sure but it's not uncommon.

      Time to shake the clients hand, thank them for giving them the opportunity to work with them and if they need anything else give you a call.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Extensions aren't guaranteed and if your initial contact comes to it's current end then you don't get paid notice.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          Originally posted by northernladuk View Post
          Surely if you knew this then the 3 monther was never going to work?

          Never account for money you haven't earned as a contractor. Many of us would be close to despair if we ran our businesses this way.



          But you had time with a 2 week extension? You won't be out of pocket as you didn't earn it as per my previous comment.

          Don't believe the rubbish about worst time of year. There is a reason why every month is the worst time of year if you can be bothered to go through them. If a client needs resource for projects with a business case they'll go get them irrespective of time of year.



          Absolutely not. You didn't sign anything so nothing to demand. Even if you did I expect there will be a clause in your contract stating no pay without a signed timesheet. If you didn't work you don't get a signed timesheet = no pay.

          An unfortunate situation and is the sharp end of being a flexible resource to be sure but it's not uncommon.

          Time to shake the clients hand, thank them for giving them the opportunity to work with them and if they need anything else give you a call.
          This. You need to wrap up well and part as friends. So you can get repeat business in the future.

          Comment


            #6
            Expendable commodity

            Thanks folks - it is pretty much the business we are in being an expendable commodity. I have in the interim secured the additional 2 weeks after hassling the recruiter to chase the client - so pressure is off slightly, got time to secure a new contract in the next few weeks.
            As contractors I guess we live and die by the sword. The rates are good but not always guaranteed!

            Comment

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