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Contract Hasn't Been Countersigned
I'm self employed, and was approached by a company to help win them a job with a 3rd party. They sent me a contract which included a minimum of 2 days work helping prepare the bid, then more work if they win it. I signed it and sent it back, requesting a countersigned copy, but then they went silent.
I suspect they've used my name to try to win the bid, but don't want to pay me if they don't win it. My question is: given that they sent me the contract, is it binding even without their signature on it?
I suspect they've used my name to try to win the bid, but don't want to pay me if they don't win it. My question is: given that they sent me the contract, is it binding even without their signature on it?
Answers
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I would still ask for the returned counter-
18:25 Thu 15th Oct 2015
Rows - Not sure - Have you completed any work for them yet?
If not, don't - until the counter-signed contract has been returned to you.
Keep chasing them for a signed returned contract if you still want the work - it is probably in an admin tray somewhere, and forgotten about. You have the right to a contract before any work begins to cover your back - especially as you are self-employed.
If you have already done the works, Do you have an email still from them giving you the contract, and your return email with the signed contract on? - This could help if you have already completed the works and they refuse to pay.
If you are in the middle of doing the work - stop.
My initial thought is this: Yes, they have 'offered' you the contract, but as it is not counter-signed, it is not yet an official contract - you have agreed to it and they have not reciprocated the agreement as originally insinuated.
If not, don't - until the counter-signed contract has been returned to you.
Keep chasing them for a signed returned contract if you still want the work - it is probably in an admin tray somewhere, and forgotten about. You have the right to a contract before any work begins to cover your back - especially as you are self-employed.
If you have already done the works, Do you have an email still from them giving you the contract, and your return email with the signed contract on? - This could help if you have already completed the works and they refuse to pay.
If you are in the middle of doing the work - stop.
My initial thought is this: Yes, they have 'offered' you the contract, but as it is not counter-signed, it is not yet an official contract - you have agreed to it and they have not reciprocated the agreement as originally insinuated.
Thanks, Peas. I haven't done any work for them yet, but I'm concerned that they may have traded on my name and reputation without wanting to pay me. I asked for the minimum 2 days of work in the contract to prevent this.
I have the email from them with the contract, and my signed response, so I wondered if this constituted a binding contract
I have the email from them with the contract, and my signed response, so I wondered if this constituted a binding contract
I would still ask for the returned counter-signed contract Rows, just in case.
As for using your name and reputation, they cannot include your company name in any of their tender submissions unless you have expressly permitted them - If they refuse to pay you and/or do not return a signed contract, but have used your details in their bid, they are acting unjustly imo.
You might want to see if you can view their submissions if there is a planning portal? (depending if it a government tender or not) to see if they have already used your details as part of their bid?
I would think that if they have gone silent, they may have missed the deadline on the submission or perhaps have lost interest in the bid - I don't think they would ask you to help, then submit the bid without contacting you - they obviously need you to assist first or they wouldn't have approached you.
Try contacting them again to see were things lie, and if they have decided not to proceed, stay civil - you might be offered something more concrete with them in the future - a larger tender perhaps.
All the best, Peas.
As for using your name and reputation, they cannot include your company name in any of their tender submissions unless you have expressly permitted them - If they refuse to pay you and/or do not return a signed contract, but have used your details in their bid, they are acting unjustly imo.
You might want to see if you can view their submissions if there is a planning portal? (depending if it a government tender or not) to see if they have already used your details as part of their bid?
I would think that if they have gone silent, they may have missed the deadline on the submission or perhaps have lost interest in the bid - I don't think they would ask you to help, then submit the bid without contacting you - they obviously need you to assist first or they wouldn't have approached you.
Try contacting them again to see were things lie, and if they have decided not to proceed, stay civil - you might be offered something more concrete with them in the future - a larger tender perhaps.
All the best, Peas.
If you've got the original offer letter, that counts as an 'offer'. You accepted the offer (I trust you kept a copy). Not 100% water-tight, but are you seriously going to sue this organisation if the work is won and they exclude your involvement? Probably not, you are going to try to make life tough by contacting the end client and ask if they expected you involved. That's what I'd do.
Presumably your CV is in the back of the bid pack too (it should be).
Presumably your CV is in the back of the bid pack too (it should be).
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