Work provider contracts

[VillageIdiot2]

Hi all 🙂

I’ve recently posted my experience with Service Force in the general trade forum. It has got me thinking, when an Indie joins a new network, most of the time we have to sign a contract that’s written by the WP covering all aspects of their backside, but we as Indies have no guarantee to protect ourselves should that contract be terminated. Why don’t we look at putting together a contract for the Indie? Nothing 60 pages long, but just covering some basics that can be stapled to the contract issued by the WP and signed by them so we could guarantee certain things…. Like not withdrawing payment terms etc at the termination of a contract…..

Just a thought….. What do you guys think?

Adrian 🙂

[aqualectric]

Re: Work provider contracts

Hi, Adrian!!
So sorry to hear about your situation mate – that is appalling and disgusting treatment. All the work you did was in good faith and despite the fact that you could have, if you had known, terminated the contract early. Do they really expect you to go away quietly? I’m spitting blood on your behalf!!
Surely this is illegal? To get work done without payment amounts to theft of your time, fuel and resources. Every time I think of expanding and taking contract work, someone gets royally shafted and I have to reconsider. I’ll probably never do it now…….:rolls:
I think your idea of the contract that converts this situation into a two way street to protect the indies is a good move. Coupled with Ken’s ‘contract calculator’ it could at least flag up any anomalies before an indie signs their life away.
I think that your posting in General Forum was wholly justified, despite what Martin said about making waves. I can understand where he is coming from but equally, you have to warn others of your fate.
And anyway, Service Force have the right of reply. They know where we are……:wink:

Steve.

[VillageIdiot2]

Re: Work provider contracts

So what do we all think guys?….. Shall I rattle something together, something very basic to cover payments/terms etc that would be easily and quickly approved by a solicitor to seal it’s legality?

It could be just a download form from the WTA website available to all members to download, not compulsory, but available if required…..

Over to you!

Adrian 🙂

[Lawrence]

Re: Work provider contracts

I was thinking today how many people I do work for have asked me to sign something
out of 6 only two have asked me to sign a Service Level Agreement the others I have just agreed payment terms with.
You may find that by putting a document under there noses may cause more problems ,I wonder if we need to create some sort of “pack ” to download on the pros & cons of the industry i.e
What to look for in a contract what to avoid in a contract ,vehicle costs Bookeeping ,what spares to carry and so on.
Just a thought ?
Lawrence

[kwatt]

Re: Work provider contracts

Long way for a shortcut.

All we need do is publish openly what we expect from people that engage our services contractually and what we are expected to do.

We refer to that as a charter of what is expected in the industry.

It’s open and it’s honest and it’s easy for all to see.

You then simply refer to any wrongdoing it as a breach of accepted industry practice and as such you hold whoever at fault. Whether it’s legaly binding or not I don’t know, but I do know someone that can tell us.

K.

[kwatt]

Oh, oh… I have another idea but I need to think it through.

K.

[Lawrence]

Re: Work provider contracts

So if I am reading you right ,what you are saying is a COP for Work Providers as well as the repairers.

I like it ….
Lawrence

[kwatt]

Basically, yes.

However what you do is establish that as the accepted “norm” for the industry whether it is or not so long as it is perceived to be such a beast few are liable to argue about it.

K.

[Lawrence]

Re: Work provider contracts

kind of Emperors new clothes.

[kwatt]

Re: Work provider contracts

Yes, sorta.

But if you publish it on your website or whatever and then refer to it in documentation as being your T&C of business there seems to me to be little room for dubiety over what terms you trade under.

K.

[Lawrence]

Re: Work provider contracts

blimey that was quick ..
I like the sound of it now we need some meat to put on the bone ,unless you happen to have said document laying around…..
Lawrence

[kwatt]

Re: Work provider contracts

I don’t have it as yet, but I have already asked the question of the legal brains. 😉

That said, contract law is a very specialist area I will likely get a general opinion, in legal terms, on whether it has wings or not.

After we know whether it will fly or not, then you flesh it out. Don’t waste time and effort on things that hold no reward. 😉

Whilst it is at best unfortunate that this happened to Ade now, it has happened to many of us over the years, I think it is perhaps time we became a little more pro-active. I’m sure that Ade will be happy with that as a result of these events.

K.

[VillageIdiot2]

Re: Work provider contracts

Is there any progress on this subject Ken? I’m at a bit of a loose end now the COP is almost ready for application, so anything i can do…. I’d welcome it 😀

[kwatt]

I will ask.

K.

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