I wouldn't do it, it's not a reasonable burden. Perhaps the lawyers are unaware you are an independent contractor? I'd suggest working through the person who wants you to do the work, perhaps some compromise could be reached.
Good Luck, Leah ________________________________ From: Rich Silva <[email protected]> To: [email protected] Sent: Wed, April 6, 2011 11:23:46 AM Subject: [EDI-L] <MISC> - To all Contractors out there Or those of you with Contracting experience… OK, any of you…. Feel free to chime in… A prospective client of mine (their lawyers anyway) have asked that I add a clause to “Exhibit A of the Contractors Agreement” (Exhibit A, in their case is basically the place where I put in my billing terms…) that goes something like “…payment is not due until testing has been approved and completed…” I have a lot of issue with this, not only because it holds up payment on the entire contract until the end (and I am in no condition to support that) but because it also leaves me no leverage if they decide to withhold payment (for any reason)… I’d have made my “deliveries” and its not like I could “remove” them… (Other than legal). Not to mention that “Now” I/we will have to negotiate and agree on “Acceptance Criteria” which so far has been loosely “make it work”… (For a bit of context, it’s a multi month contract… Currently labeled as a “Phase 1” (of at least three)… And both sides (myself and my contacts within the company) are hoping that this turns into a “long friendly relationship”… I was curious if any of you have seen anything like this… And if any of you have some alternative positions I might offer while I negotiate around this issue? Thanx, Rich Description: Wizard Clip Art SigRichard Silva Silva Software Services – United States Phone: (310) 387-8364 Email: <mailto:[email protected]> [email protected] ü Please consider the environment before printing this email. [Non-text portions of this message have been removed] [Non-text portions of this message have been removed] ------------------------------------ ... Please use the following Message Identifiers as your subject prefix: <SALES>, <JOBS>, <LIST>, <TECH>, <MISC>, <EVENT>, <OFF-TOPIC> Job postings are welcome, but for job postings or requests for work: <JOBS> IS REQUIRED in the subject line as a prefix.Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/EDI-L/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/EDI-L/join (Yahoo! ID required) <*> To change settings via email: [email protected] [email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
