Posted By jasonT
Help sought

Just thinking about going it alone, I currently advise three small clients on an ad hoc basis(yes have insurance, CMIOSH,MAPS), however ad hoc work does not pay the bills.

I have spoken to a few consultants who charge a monthly retainer fee and they suggest I now provide a written consultant agreement to potential and existing clients detailing my services and costs

this is the problem, I don't have one
Does anyone have a template/format they would be willing to share or just some simple advice to get me started

Thanks in advance

Jason

Posted By Ian G Hutchings
Jason

Whether ad hoc or continual project work it is critical that you have a contract in place.

There are some basic templates for low fees on line or you can use a solicitor which may cost more. Try searching for consultancy contract or something similar and you should get some. Ensure payment terms are covered and liability is limited where possible. You should also refer to the new consultancy guidance from IOSH.

Best of luck

Ian

Posted By GeoffB4
Kieran, the guy is just asking for some practical advice!

Jason, I can only go by my experience, although this topic does pop up on the forum quite frequently, so you could try a search.

With 12 years experience as a consultant I have never issued or signed a formal contract with a client. We quote for a job and the quotation is the contract. In that quote we lay out the job to be done but to a high level not in-depth.

I'm not defending our system but it works for us and we have never had a problem with contract terms.

I know that some consultants do not offer retainer services - they go in, do a job and then bow out. I don't fully understand why they miss that opportunity, because our retained clients are our client base.

Others have a monthly retainer but of course that means sending out invoices each month and having to chase if late in coming back. We have an annual retainer service which works well for us.

Not sure if this helps or not, because I know some contributors are adamant that comprehensive contracts are entered into.

Posted By Kieran J Duignan
Geoff...

While I naturally respect your opinion, it's not necessarily at odds with that of the most accomplished British (and possibly world) economist, Keynes, who wrote that there's nothing as practical as a sound theory.

McGregor's theory of motivation at work is sound - and he accounts for the obscurantist's freedom to ignore it. After all, safety culture is not only the most fertile but sadly the most neglected area of safety management.

Posted By GeoffB4
As I said it works for us and in 12 years, and unlike Ian, we have never had a contract problem.

It could be of course, that having too many words can cause the problem - that having a relaxed attitude ig more give and take, to contract terms is less likely to lead to confrontation.

Posted By DJ
Geoff,

While I hear what you say, the purpose of a written contract is to cover you when things don't work for you.

Imagine that a client decided not to pay you, claiming that you had failed to do something or other. If there is no written agreement, you will need to fight it out in court, which is time consuming and costly.

At least if you have a written agreement you are in a much stronger position to argue.

My own view is that a small health and safety consultancy would be mad not to have written, contractually binding terms and conditions (ideally signed by the client).

But then as a solicitor I would say that wouldn't I?

Regards.

DJ