u/SquareProper1494

If a public sector client has agreed to vary their standard T’s and Cs to cap liability at the value of the project and to a maximum of one year after end of the project, can this be done in a short one page doc that just clearly states the relevant variations?

This is for a relatively small web design project of 10k in a niche area. This is my first experience outside IR35 and the contact at the client is also inexperienced at using a freelancer. I’m told that the Procurement dept are happy with him making these variations.

However I was then sent an agreement with about twice as many terms as the original T’s and Cs... this appeared to be an unedited template. I’ve replied to politely point out this is a more complex document than the original T’s and Cs.

Also from my past experience working as an employee purchasing services/goods at a similar organisation, a purchase order is auto generated with a reference to the standard T’s and Cs only. So am concerned that any variations document will not be legally binding.

The standard T’s and Cs also say that they take precedent if there is any conflict or ambiguity with other docs.

For context - i have no intention to continue this as a business for 6 years as the market is very small (potentially only 1-2 others who might decline anyway).

Thank you for any advice whatsoever on this!

I am potentially setting up a consultancy project to do some web design work for a UK public sector client. This would be my first time working outside an employment contract and I haven’t previously worked for this institution.

In their T’s and C’s it says: “during the term of the contract and for a period of six years thereafter, supplier shall maintain in force adequate insurance cover with a reputable insurer to cover Supplier’s potential liability to X under and in connection with the contract and shall provide X with copies of such cover together with proof of premium payment upon its request.”

If I open a company with the purpose of doing this project, and then close it once complete, how does this work with the requirement for six years insurance given the company doesn’t exist for the whole of that time? The reason for closure is that this is likely to be a one off project.

Secondly, I presume with a phone call I can get six years insurance as a one off purchase?? As presumably the insurers won’t turn down the opportunity to get more money??

I’m told by the client that other consultants accept the terms above. I would intend to get the client to “sign off” on the work and to say that they are happy with it, but it seems this six year limit for claims means they could claim at any point thereafter regardless - up to the six years.

I am also trying to agree a variation on their standard terms with them…but it seems things would be easier if I could just agree to the standard ones and move on.