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SarahM  
#1 Posted : 12 March 2012 12:28:24(UTC)
Rank: New forum user
SarahM

Can anyone help please? I'm a health and safety consultant and have a client who would like me to work on a retainer basis. Can anyone point me in the right direction where I can get a copy of a suitable contract please? Thanks in advance.
JJ Prendergast  
#2 Posted : 05 April 2012 16:10:49(UTC)
Rank: Super forum user
JJ Prendergast

Try your accountants?
JohnW  
#3 Posted : 05 April 2012 16:36:20(UTC)
Rank: Super forum user
JohnW

Sarah, just as an aside on this subject of retainer, I've never worked with such a contract, I've always charged just for work 'on-site' and for any agreed 'home-work'. I've always been wary of retainer because it implies I am working for them 24/7. I've become aware of some clients particularly builders not following safety rules/guidance on the 4 out 5 days that I'm not on site. My thinking is that in the event of some unfortunate incident on those days, being NOT retainer makes me less liable for any responsibility. That might be an unreasonable attitude to take, but so far I've avoided retainer contracts for that reason. Also, as I attend to several clients every week I'd want to avoid one of them demanding attendance too frequently that it interfered with other business appointments. Have a good Easter break everyone!
JJ Prendergast  
#4 Posted : 05 April 2012 16:49:11(UTC)
Rank: Super forum user
JJ Prendergast

I found the opposite. Make sure your contract details what the retainer actually covers. The consultancy I first worked for used this system as justification for being the 'competent person' advising a client. The retainer only covered access to telephone advice (email now I guess). Also in the event of an accident, a call out/accident investigation service. I'm talking 10-12yrs ago, I think the fee was something like £150-200mth. If this disrupted other clients, well that was part of the business risk of the consultancy. it was also made clear in the consultancy terms and conditions that this might happen. All other non-agreed meetings/visits were charged accordingly. The advantage of having a monthly retainer, is that once you get enough clients - it does generate a reasonable amount of 'base load' income into the business - for often not much input from the consultant, once the contract is set up and the client is 'behaving'.
jde  
#5 Posted : 05 April 2012 17:03:53(UTC)
Rank: Forum user
jde

It entirely depends on your arrangement with the client. What you agree are the terms and conditions of the retainer and what the client can expect from you should be clearly defined so there is no confusion. One aspect that is useful to have agreement for is to have executive power when inspecting their site / premises so that in the event of a major breach of safety law you can stop the work until resolved. In my previous existence in a consultancy, it was the core piece of the agreement, if they didn't agree we never worked for them. Good luck
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#6 Posted : 05 April 2012 17:07:22(UTC)
Rank: Super forum user
Ian.Blenkharn

I have done this on many occasions. What is important is to negotiate what the retainer really means. To be 'available' might mean that you will get paid no more if there is actually something to do, even if there is a lot to do that gets in the way of other activities. The contractor may expect that you will put them above all others - again a matter for care in the contract terms. It needs to be specified and agreed, with a separate scale of charges for all parts, from a quick phone call to a major task lasting several weeks. There needs to be agreement on what is and what is not separately charged, a scale or charges, and an agreed method of metering/time keeping/cost assessments etc since your view on this may differ from theirs when the invoices start to fly! As I have pointed out to many clients, they are getting me *and 40 years experience* and that doesn't come cheap. Particularly so if they want to use my name. This is a special area that goes far beyond signing off a few documents and often goes hand-in-hand with the retainer. It may mean your name appearing on all sorts of documents, and thus your involvement in things about which you know rather little and over which you have even less control. It may not be a happy place. I insist on advance copies of everything with a clause invalidating any possible liability if I have not seen and agreed these in advance; there needs to be an agreed process for notification and some means of traceability for papers served (ie, not just a front page, or worse an oblique mention in an email). This latter part - generally termed use of name - may be taken as read within a retainer but is hugely important. It can get you into difficult waters if you do not specify this part of the contract accurately and precisely. It is your reputation, and your liability, that is at stake that together with your expertise is, of course, something that you will value highly and price accordingly.
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