Two contracts in parallel for same end client?? Two contracts in parallel for same end client??
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  1. #1

    Nervous Newbie


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    Default Two contracts in parallel for same end client??

    Hi there,
    I have been lurking a while but find myself in a position of wanting to ask something.
    I suspect I know the answer but wanted to sanity check with all my fellow well oiled contractors!

    I have am about to start working with a digital agency type company let’s call it Norway and was found by an agent for the contract.

    I was sent a contract by the agent, the usual sort - contract between Agent and MyCompany for services, your duties, terminations and notices, intellectual property, schedules and so on. I had this contract IR35 reviewed, made some amendments and have signed it.
    Meanwhile I was also vetted by Hireright for working at Norway.

    I then got an email from the HR intern at Norway asking me for my company details because they wanted to send me a contract. Having filled these out for agent and hire right I was a bit confused about why they hadn’t had these and why they wanted me to sign a contract. I called the agent who said it was probably just an NDA for working on a project with Norway’s client.

    I’ve read their contract today and find it’s the same content but different from the agents, contract for services between Norway and MyCompany with duties, terminations, notices, intellectual property and so on. But some of these conflict with the agents.

    This has never happened before. I am pretty darn sure that my company cannot have a contract with the agent and with Norway at the same time to provide services to Norway as this is a conflict of interests. Am I right in thinking this isn’t even legally allowed?

    I’ve gone back to the agent about this as presumably they need to sort this out? I’ve asked that all similar content in the Norway contract be removed so only one version exists which has been reviewed already by Qdos. I certainly don’t have the legal know how to go through both contracts and pick them apart, nor I suspect should I have to.

    Would love to hear people’s thoughts on this interesting scenario and where the responsibility lies and which contract I need to worry about, bearing in mind I signed with the agent already.

    Thanks in advance.

  2. #2

    Super poster

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    Quote Originally Posted by Boomer View Post

    This has never happened before. I am pretty darn sure that my company cannot have a contract with the agent and with Norway at the same time to provide services to Norway as this is a conflict of interests. Am I right in thinking this isn’t even legally allowed?
    No. You're not.
    It's perfectly legal but it does lead to a complex situation that could cause problems in the future. And it could be that the contracts contain clauses which are incompatible, leading you into a quandary if it goes wrong.
    See You Next Tuesday

  3. #3

    Nervous Newbie


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    Ok let me put this another way - has anyone ever signed two contracts with same content different details before as I have never seen this.

  4. #4

    Prof Cunning @ Oxford Uni

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    Default Two contracts in parallel for same end client??

    Quote Originally Posted by Boomer View Post
    Ok let me put this another way - has anyone ever signed two contracts with same content different details before as I have never seen this.
    It is not illegal, but it is complicated and you are bringing that complexity on yourself by signing both contracts.

    You need to check the wording of the contract with the agent very carefully, as they may have restrictive covenants in the contract which means they might (perfectly legally) bill you for a % of the other contract.

    It depends on the wording of what you have signed/what you are thinking of signing.
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