I've noticed contracts with ever more draconian and litigious clauses.
The latest one (which I haven't signed) seems to go a bit beyond what I've seen before. The liabilities section is 2 pages long. I did compare this to 2 or 3 previous contracts. But perhaps I'm being naive?
For example
- If the consultant gives notice, they will work 5 days for free (!) to provide a smooth handover [This will be removed, or I will not sign]
- If the client approves a timesheet in one way or another, that shall not be taken as an indication of satisfaction with the work [then don't force me to use your stupid portal]
- The Consultant Company and the Consultant hereby acknowledge that damages alone may not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, without prejudice to any other rights and remedies they may have, AgentX shall be entitled to the granting of equitable relief (including, without limitation, injunctive relief) concerning any threatened or actual breach of any of the provisions of
this Agreement. [wtaf]
- Contractor shall have public indemnity insurance for a full 12 months after expiry of the agreement [I have indemnity insurance but it's the first time I've seen it required to be valid 12 months after expiry; it's not a big deal in itself, just another example of them trying to legislate the sh*t out of the situation]
- AgentX's total liability in contract, tort (including negligence or breach of statutory duty), restitution or otherwise, arising under or in connection with this Agreement shall be limited to the total fee of this Agreement. [Referred to a few past contracts in which liability was stated to be mutual, i.e. the standard £1m from public indemnity.]
- Liability etc against e.g. any negligent, wilful, wrongful or fraudulent act or omission of the Consultant Company and/or the
Consultant or any Substitute Consultant during the term of this Agreement / the Consultant acts in a way which is dishonest, incompetent or negligent or otherwise acts in a manner which is unprofessional, wrong or improper; [fine but what do these broad words cover legally? Elsewhere, it says the contract does not prohibit me for working for other third-parties. But could that be wrongful/improper?]
In other news, it's quite decent from an ir35 perspective.
The latest one (which I haven't signed) seems to go a bit beyond what I've seen before. The liabilities section is 2 pages long. I did compare this to 2 or 3 previous contracts. But perhaps I'm being naive?
For example
- If the consultant gives notice, they will work 5 days for free (!) to provide a smooth handover [This will be removed, or I will not sign]
- If the client approves a timesheet in one way or another, that shall not be taken as an indication of satisfaction with the work [then don't force me to use your stupid portal]
- The Consultant Company and the Consultant hereby acknowledge that damages alone may not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, without prejudice to any other rights and remedies they may have, AgentX shall be entitled to the granting of equitable relief (including, without limitation, injunctive relief) concerning any threatened or actual breach of any of the provisions of
this Agreement. [wtaf]
- Contractor shall have public indemnity insurance for a full 12 months after expiry of the agreement [I have indemnity insurance but it's the first time I've seen it required to be valid 12 months after expiry; it's not a big deal in itself, just another example of them trying to legislate the sh*t out of the situation]
- AgentX's total liability in contract, tort (including negligence or breach of statutory duty), restitution or otherwise, arising under or in connection with this Agreement shall be limited to the total fee of this Agreement. [Referred to a few past contracts in which liability was stated to be mutual, i.e. the standard £1m from public indemnity.]
- Liability etc against e.g. any negligent, wilful, wrongful or fraudulent act or omission of the Consultant Company and/or the
Consultant or any Substitute Consultant during the term of this Agreement / the Consultant acts in a way which is dishonest, incompetent or negligent or otherwise acts in a manner which is unprofessional, wrong or improper; [fine but what do these broad words cover legally? Elsewhere, it says the contract does not prohibit me for working for other third-parties. But could that be wrongful/improper?]
In other news, it's quite decent from an ir35 perspective.
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