Dave Chaplin, CEO, ContractorCalculator:
It’s not often that the little guy scores one over the big boys. This week contractor legal expert Roger Sinclair of Egos shared with us a tale of a small, desperate band of contractors being threatened by the evil agency overlord.
The agency was well and truly qualified for the role of the bad guys, as they quite unashamedly tried to cut their contractors’ rates by 10%, whilst planning to continue charging the client the full amount; the agency planned to pocket the difference.
The client, who we shall cast as the benevolent Supreme Being in our fable, knew nothing of this, and when informed by the contractors was not at all happy, although resisted the urge to do some smiting.
Undeterred, our brave contractors decided to make a stand against the oppression of the overlord agency and called that seer and beacon of light in the contracting darkness, ContractorCalculator (OK, we’re pushing the analogy here, but hey, this is a blog, give us some slack!). We duly referred the contractors to Sinclair, wielder of the sword of tort and the shield of contract law, and erstwhile knight in shining armour.
Sinclair’s handling of the case and subsequent retelling of the tale to us highlighted two key points; know when to ask for help, and don’t enter into any dispute with the bad guys without having access to expert, professional help.
The evil agency overlords thought they had the contractor freedom fighters by the short and curlies when they terminated the contractors’ contracts prior to slashing their rates. But before embarking on their spree of corporate rape and pillage, the agency should have brushed up on its contract law. Not to do so was a big mistake, as they literally found to their cost.
You see, as the hero of the piece Sinclair pointed out, with no contractor serfs to till the fields and maintain the offerings of new program code to the Supreme Being client, the evil overlord agency would shortly find itself in breach of contract, and the client would be entitled to fling a few thunderbolts. In their thirst for fresh plunder and new contracts, they hadn’t thought of that – doh!
The tables were turned; the contractors not only demanded their original rates, but also new contracts according to their terms. The agency overlords had to agree, then crawled away, licking their wounds.
The lesson here is: don’t roll over and let agencies, or as is more often the case, clients always have their way. Know when to ask for help and who to ask, and act on that advice, even if it costs you some up- front cash, as you’ll probably recoup your investment many fold.
It almost makes you want to go hug a lawyer. Almost…