Sub Contractors

[Stee]

I have just set up a business which provides Cleaning, Gardening and Window Cleaning to Management Companies who manage apartment blocks.

I was wondering if anyone can help me ?

I have to sub contract some of the work which I get from the Agents and I was wondering if there is an agreement which I could get my sub contractors to sign to protect me, ( I wouldnt want the sub contractors approching my Agents or the Directors of the Apartment blocks directly and cutting me out)

If anyone could point me in the right direction i would very much appricate it.

Thank you

 

[LASS]

Why not just hire more staff? You dont want sub contractors doing a shabby job and you getting a bad rep for it?

 

[Stee]

The reason being is that i dont have enough work for a full time Gardener or Window Cleaner, and thats why I sub contract this type of work out.

I do employ 3 full-time cleaners, therefore we do all the cleaning ourselves.

 

[CertaxBexley]

Having your legal beagle write a contract will cost you money. Enforcing that if the terms are broken will cost you money, with no guarantee that you will recover any losses. Either hire more staff or use contractors from recommendations, although that comes without guarantees. Having had experience of contractors I would imagine the industry you are in is very cut throat and 'takes no prisoners'

 

[LASS]

Well why not just be a cleaning company? and then as you can afford it move into these other sectors? I just think if they cock it up then you are going to look bad for example Hospitals they sub contract the work out and MRSA is running riot! Not the same situation but it shows how things can go wrong.

 

[Stee]

I understand what your saying but the Gardener i use is my brother-in-law and the Window Cleaner I use is a friend of mine, so I dont think they would do the dirty on me, but If I have them sign something at least they know and they know where they stand.

 

[LASS]

Yeh i'd go with no contract if you know them.

 

[Stee]

Dont you think if I did get them to sign something, like an agreement, it would stop them even thinking about it ?

 

[sm1]

It is generally said that you could get them to sign an NDA (Non Disclosure Agreement), however from the practicalitally side - it's virtually impossible to enforce.

Thanks

 

[Stee]

Oh ok, even thou I dont think they would ever do such a thing like "nicking my work" I just want something for them to sign and a least they have signed something even thou i wouldnt enforce it, it more of a scare tacktick i want, i guess !

 

[sm1]

I'd get both parties to sign a NDA (Non Disclosure Agreement).

Thanks

 

[Stee]

Thanks sm1, but where would I get one of them from ??

 

[sm1]

No problem - You may need a lawyer/solicitor to create one specifically or just search on Google.

 

[Stee]

is there such a document that states "if YOU (the sub contractor) is/are approched by any of site where they are working at (on my behalf) they can not take any work unless its through me ?

 

[AdamJ]

If you don't think they would 'do the dirty' on you, then why treat them as though you think they will? If I was in their position I'd be thinking '**** you' if presented with an NDA or other contract. It sounds as though the only outcome is a potential souring of the relationships. Enforcing such agreements costs you money to fight it even if they do sign meaning in most cases its a powerless document that will just make them think you don't trust them.

 

[Rosemary]

Why don't you simply make them partners in the business - this way they are more likely to help more and look for additional business. It would then be a win win situation. If this is the only work they do and they have nothing else that they are committed to. You would all benefit this way. The Partnership should have a partnership agreement drawn up by a solicitor and that clearly shows who is responsible for what and how much each has a share of the business.

 

[maxine]

I thought that NDA's were to protect ideas/intellectual property etc whereas what you are referring to is a Restrictive Trading Clause in a contract. It's a bit difficult though as in my experience with subbies there are generally approaches made on both sides and you just have to make sure that you are fab when it comes to other aspects of your service.

 

[sm1]

Yes Maxine - you're correct

 

[estwig]

Oh ok, even thou I dont think they would ever do such a thing like "nicking my work"

You poor deluded fool, your subbies will steal the shirt off your back if they think they can get a fiver for it!!

 

[estwig]

Stee, your subbies given half a chance are gonna steal your work, and if they do sign an agreement it won't be worth the paper it is written on.

You are looking to sub out cleaning, gardening and maintenance work, you ain't gonna be employing rocket scientists are you???

With the exception of Maixne there is a lotta cr8p in this thread about NDA's and agreements, none of which will work.

 

[sm1]

Apologies! My contribution wasn't meant to be crap

Although I did say, that the truth is when enforcing these agreements, it will never work