Client changes start date after contract is signed, is it breach ? Client changes start date after contract is signed, is it breach ? - Page 2
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  1. #11

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    Is this the same contract you wanted to walk away from?
    https://www.contractoruk.com/forums/...tart-date.html

    Sounds like we've got 2 parts of the story now, can you fill in the rest please?
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  2. #12

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    Quote Originally Posted by northernladuk View Post
    Not really. You'd be in breach. Client - Supplier relationships are not even so it doesn't always go both ways. If they provide and will pay for the work there are certain obligations in the contract to be filled. By doing something like this it is blatently obvious you are not honouring the notice period so could land in hot water. It's pretty thinly veiled. Yes yes it's very complicated, got to go legal and all that but still worth understanding and discussing. Unlikely to happen but you could be in breach for tricks like that.

    Good luck getting your last invoice paid as well.
    Are you sure? Done lots of work with consultancies and they routinely are not available. Sometimes for critical weeks/months even when delivery date has been known for months ahead of time. Are they in breach as well? Not really any different. Maybe they are but it never sees litigation so why does it matter?

  3. #13

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    Quote Originally Posted by jayn200 View Post
    Are you sure? Done lots of work with consultancies and they routinely are not available. Sometimes for critical weeks/months even when delivery date has been known for months ahead of time. Are they in breach as well? Not really any different. Maybe they are but it never sees litigation so why does it matter?
    You think you can get away from contracting responsibilities by giving notice and then just not turning up again? How do you think the courts will see that? It's obvious you are doing it for no other reason than not to honour the contract and as doing work is fundamental to the contract it could easily be seen as breach.

    Your example above isn't the same. That's just holidays and availability which is different.

    Just tell the client what's going to happen and they don't have a choice. They will just terminate there and then and you don't need to bugger about playing silly games.
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  4. #14

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    Quote Originally Posted by northernladuk View Post
    You think you can get away from contracting responsibilities by giving notice and then just not turning up again? How do you think the courts will see that? It's obvious you are doing it for no other reason than not to honour the contract and as doing work is fundamental to the contract it could easily be seen as breach.

    Your example above isn't the same. That's just holidays and availability which is different.

    Just tell the client what's going to happen and they don't have a choice. They will just terminate there and then and you don't need to bugger about playing silly games.
    You just exercise your right of substitution and then call it quits when they don't want your subbie.

  5. #15

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    Quote Originally Posted by Old Greg View Post
    You just exercise your right of substitution and then call it quits when they don't want your subbie.
    Boom!!

    Or there is the age old 'taking a dump on the client managers desk' route. Sure fire exit with no breach.
    Last edited by northernladuk; 1st December 2020 at 11:04.
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  6. #16

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    Quote Originally Posted by northernladuk View Post
    Boom!!

    Or there is the age old 'taking a dump on the client managers desk' route. Sure fire exit with no breach.
    Or not using apostrophes.

  7. #17

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    Short answer: No

    Long answer: Quite possibly yes but they could just say there is no work for you yet so won't sign a time sheet. In reality it would take such an effort legally to prove the point for quite possibly no reward it isn't worth pursuing.

  8. #18

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    Thanks everyone

    No questions were asked, all sorted

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