Qn about 'Statement of Work' section of my contract

[theroyale]

(Have asked the question on the Legal forum but realised this might be a better place to ask..)

Landed a contract yesterday, my agent has sent it to me to sign and return. A couple of things I'd be grateful to have advice on: In the "Statement of Work" section of my contract, there is only blank space under the sentence, "The work conducted at xxx is detailed as follows:" Does this mean this part is usually filled in only later e.g. once I've started working? Or should I go back to my agent and ask him to put things down here?

[Drewster]

(Have asked the question on the Legal forum but realised this might be a better place to ask..)

Landed a contract yesterday, my agent has sent it to me to sign and return. A couple of things I'd be grateful to have advice on: In the "Statement of Work" section of my contract, there is only blank space under the sentence, "The work conducted at xxx is detailed as follows:" Does this mean this part is usually filled in only later e.g. once I've started working? Or should I go back to my agent and ask him to put things down here?

Well to have any meaning it would have to be completed before you signed it or be removed completely....

Unfortunately I think what you have got is somewhat typical of "Agents Professionalism" ie The numpty admin clerk has just sent on a "pack" to you without having any idea of its content.

You could fill it in with a generic blurb that suits you and send it back.... they'll probably never read it anyway....
or you could ask for it to be completed properly before you sign.... but if you do this make sure you read it well!!!

You might want to get the whole contract (including SOW) reviewed......

[theroyale]

Well to have any meaning it would have to be completed before you signed it or be removed completely....

Unfortunately I think what you have got is somewhat typical of "Agents Professionalism" ie The numpty admin clerk has just sent on a "pack" to you without having any idea of its content.

You could fill it in with a generic blurb that suits you and send it back.... they'll probably never read it anyway....
or you could ask for it to be completed properly before you sign.... but if you do this make sure you read it well!!!

You might want to get the whole contract (including SOW) reviewed......

Thanks for your reply Drewster; I just spoke to the agent and asked him about the blank space, what he said was: "We leave it blank for all contractors because we don't know exactly what the work is going to be, and we leave it for you to fill in later" and also "Basically this will keep you out of IR35" --> Is there basis for this statement?

Having said that I have to say that this guy seems alright generally, I met him face-to-face as well, he has a few years experience; and the agency has a number of contractors working for them and is definitely above board.

[Drewster]

Thanks for your reply Drewster; I just spoke to the agent and asked him about the blank space, what he said was: "We leave it blank for all contractors because we don't know exactly what the work is going to be, and we leave it for you to fill in later" and also "Basically this will keep you out of IR35" --> Is there basis for this statement?

Having said that I have to say that this guy seems alright generally, I met him face-to-face as well, he has a few years experience; and the agency has a number of contractors working for them and is definitely above board.

If they don't "know exactly what the work is going to be" then a SOW is meaningless and shouldn't be there........
If its part of the contract - you are agreeing that YourCo will be doing it! If its blank ???? what are you agreeing to?

You don't need a SOW - you just need to be "happy" that the contract YourCo is committing to is "OK"....

"This will keep you out of IR35"....... <ahem> What is he suggesting will keep you out of IR35?? A blank bit of paper?

It's his job to "seem alright generally" - they all do... well most of them/most of the time.....

Obviously from the info you've given there is no way us "us" being able to comment on your contract (IR35 or any other perspective).
I am (therefore) not saying that your contract (with or without the SOW) is good or bad..... but your Pimp is just like any other Pimp and you should be aware that he is not "on your side".... he is not specifically "against" you but............

Its possible/probable that you could just sign the contract - do the role and never worry about it again BUT........................

[thunderlizard]

"Basically this will keep you out of IR35" --> Is there basis for this statement?

There would have been, if it had been filled in properly. The idea is that contracts are more likely to be outside IR35 if they are for you to complete a specific task, e.g. "upgrade the Widget module on the Wodget Management System to support Belgian widgets", which is what should be written in that box. The fact that he can't fill it in rather suggests the task is "do whatever the client says, as and when they decide it", meaning the contract is more likely to be inside IR35.

[mavster07]

There would have been, if it had been filled in properly. The idea is that contracts are more likely to be outside IR35 if they are for you to complete a specific task, e.g. "upgrade the Widget module on the Wodget Management System to support Belgian widgets", which is what should be written in that box. The fact that he can't fill it in rather suggests the task is "do whatever the client says, as and when they decide it", meaning the contract is more likely to be inside IR35.

This is absolutely spot on. If its left blank or left to state 'do what the client wants' then you'll more than likely get caught under IR35. Remember, you're a supplier of services so make the contract worded accordingly. I make my contracts specific as to Role, Projects and Skills such that if I get a renewal, I then change this to make it look more like a separate supply of services (contract) rather than more of the same. The more specific your contract is the less likely you will be seen as anything other than a supplier of services to the client.

[theroyale]

The idea is that contracts are more likely to be outside IR35 if they are for you to complete a specific task, e.g. "upgrade the Widget module on the Wodget Management System to support Belgian widgets", which is what should be written in that box. The fact that he can't fill it in rather suggests the task is "do whatever the client says, as and when they decide it", meaning the contract is more likely to be inside IR35.

This is exactly how I'd understood the ir35 thing too - which is why I'm somewhat confused as to why he insists that "all 500 of our contractors" are on this standard contract with a blank task-list. Any reasons you can think of?

[theroyale]

I will get a review of this contract done. But can I go back after the review and try to get the agency to change the contract? Will the amended contract then void the original one?

[Drewster]

I will get a review of this contract done. But can I go back after the review and try to get the agency to change the contract? Will the amended contract then void the original one?

The Contract you sign..... is the only one that counts.

ie a Post signing review is not gonna help.....

[theroyale]

The Contract you sign..... is the only one that counts.

ie a Post signing review is not gonna help.....

Spoke to a contract review advisor at Bauer yesterday. She was of the opinion that there are an equal number of agencies that are "reasonable and will amend the terms of the contract" if a review suggests amendments to fall outside IR35.