Contracts: start date and signature dates

[dan_plan]

Hi.

I am not a layer - I am the owner of a limited company.

I find myself in this situation often and I was wondering if it makes sense.

I often write contracts for me doing work for other people and for other people doing work for me.

In the contract I specify a starting date and, as we are all always in a hurry, the starting date is today.

Then, I send a PDF copy to the other other party via email, they find it good, I sign it and date it with today's date and send it to them via Royal mail.

When they sign it and date it is at least a couple of days (sometimes even 2 weeks) later than the start date in the agreement.

Is that agreement still valid? Is it valid from the day specified as start date or from the date the last party signs it?

Thanks for your time and sorry if the question is a bit silly.
Dan

 

[termsandconditions]

Not silly at all.

The contract starts from the original conceived date assuming that there was a clear intention by both parties for the work to commence on that date and on the broad terms agreed in principle. Whilst the 'intention' is an accepted legal concept it is a little nebulous and is open to interpretation. This leads to misunderstandings and disputes on occasion which, in turn, means losses either in unpaid invoices or expensive court cases. The sensible way forward for many is to only commence work once there is a signed, written agreement in place and any initial payment terms fulfilled e.g. deposit paid.

Hope this helps.

Best Regards

 

[dan_plan]

Thanks.

I understand what you are saying.

But on a practical level, say the contract reads:

"This contract (hereafter the Agreement) is effective as of 12th May 2012 and will terminate on the delivery of the Final Work"

I sign it and write the date 11th May underneath my signature. Then, I send it via Royal Mail and get a copy back signed by the other party.

The other party signs and writes the date 14th of May because that's the day he received the physical copy.

In such a situation, when does the contract (and all liability and IP implications) legally start?
On the 12th or 14th?
Or does the fact that one of the parties signs after the agreement after the starting date void the whole contract?

Should I move the starting date written in the contract forward so that we both sign before it? But that would slow things down a little bit...