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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I have a contract via an agency to a company to provide consulting

Customer Question

I have a contract via an agency to a company to provide consulting services. I am an independent consultant. I since introduced a contact of mine for a specific piece of work and let the agency know. The contact wanted to bill direct and to try to help my agency I agreed they could bill via my timesheet. The agency agreed terms with my contact (i.e. when to bill / how much and agreed it with the end company) They then sent me a schedule with his day rate in it which I haven't even read (bereavement and stupid hours). I have no contract or agreement with my contact and no commission agreement etc...I only involved him to help the client.

They are now saying I am legally responsible to ensure this contact works via them or does not solicit work for 6 months and will sue me if they do. And it is legally binding even if I have not read or signed what they have sent. Please advise.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what your specific question is.

JACUSTOMER-iykl7ev4- : Am I legally bound / can I be sued if my contact goes to the client directly for work rather than via the agency?
JACUSTOMER-iykl7ev4- : How do I mitigate / eliminate any exposure I have?
Ben Jones :

I have looked into your query but do not think I have the answer to your question so will opt out and let other experts take this further if they can. Someone should respond shortly. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thanks

Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 years ago.
Please cancel and refund