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Topic Name: weird clause in I.T. contract
Message Name: red flag
Date Posted: 06/19/2004
In Reply To: I have just received my first offer as an independant contractor. The position is for Info Tech consulting with a large investment bank. I received this offer via a search firm (so the search firm gets a cut off the top.) There is one clause in the contract which seems odd - and I definitley do not like: Under the "subcotnractor warranties" section is says: "... The penalty for laco of satisfaction of services shall be up to twenty (20) days of billing. This penalty is at the sole judghement of the customer {the investment bank} not of {Joe Search Company}. As far as I am concerned, I am being paid for my expertise and my time. If they do not like my work (i.e. want to fire me / terminate the contract) I have no problem with that. I do have a problem with the possibility of having to relinquish close to 3 weeks of pay. Is this a normal in an IT contract? Is this negotiable? Even if it is one of those things that is "never enforced", I still don't like it. Everything else about the job is a great fit. thoughts/suggestions are welcome. Thanks!
Message: definitely get that changed. That is absolutely ridiculous ... Make sure things work out well .. ecq

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