Project Management

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The Contractor's Contract.

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Larry Miner Founder and Sr. Project Management of Decision Memory Systems| Decision Memory Systems Bath, Oh, United States
If you work as a contractor, through a staffing firm, for the Staffing Firm's client how much time do you take to review the Staffing Firm's contract? and if you do review it, have you had success in adjusting that contract for your needs aside from the SF's and Client's?
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Sante Delle-Vergini, PhD Senior Project Manager| Infosys Melbourne, Victoria, Australia
When I have contracted in the past through a staffing firm, the contract (for employment) is still with the client, and the staffing firm has a contract or agreement with the end client.
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Kevin Drake Perth, Western Australia, Australia
Well, most of these contracts, between the staffing company and you, are well designed to tie up your commitment so you do not move to their client premises without them in the middle. It is not easy to change anything, they have ready excuses " it is our client conditions not only our conditions."
I had really a tough call one time and I walked off.
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Larry Miner Founder and Sr. Project Management of Decision Memory Systems| Decision Memory Systems Bath, Oh, United States
I've been reviewing SF contracts lately. The diagram of the agreement, from my experience, is I have an agreement with the SF and the SF has the agreement with the Client. Sante, I've never really had one with the client and the SF at the same time. Second, all the weight of the contract, the risk, is on the contractor and not on the SF or the Client which the more I investigate the more I find is, for lack of a better word, unfair. If the Client decides the project is over the SF my lose their margins but the contractor loses their livelihood with little or no notice or recourse. In the US, even as a W2 employee of the SF you immediately are terminated and the checks stop. Life goes on for the SF and the client. For the contractor they need to start the search all over again with no compensation and often little support from the SF. The more I look into it the more I believe contractors need to have more support / relief in the contract process. Just thinking out loud.
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Sante Delle-Vergini, PhD Senior Project Manager| Infosys Melbourne, Victoria, Australia
Contracts are certainly an art in themselves.
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1 reply by Brajesh Mishra
May 13, 2018 10:38 PM
Brajesh Mishra
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Agree..you may negotiate (possibly) some relief terms during the contract preparation phase...after that the document holds good -unless some terms are in direct violation of the Labor laws/Contract Laws of the Country the contract is valid in!
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Brajesh Mishra Head- Project Management| Bayaweaver Limited New Delhi, Delhi, India
May 13, 2018 8:21 PM
Replying to Sante Delle-Vergini, PhD
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Contracts are certainly an art in themselves.
Agree..you may negotiate (possibly) some relief terms during the contract preparation phase...after that the document holds good -unless some terms are in direct violation of the Labor laws/Contract Laws of the Country the contract is valid in!
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Larry Miner Founder and Sr. Project Management of Decision Memory Systems| Decision Memory Systems Bath, Oh, United States
I believe we need to make the contractor and the SF closer to equal partners in the project, the associated risk and the loss if there is one. I had a SF that, when the client stopped the project at 6 weeks of a 26 week contract, at no fault of the PM, the SF just walked away from the PM leaving them hanging with no job. Every contract I've read so far supports this behavior.

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