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Subcontracting Contract Question

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Hello!

 

I am subcontracting with another VA. A question came up in our contracts. Her sub-contract states where disputes wills be settled and so does mine. Since both contracts have different states, which contract takes precedence?

 

Thanks,

Beth

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Guest Cathryn Jones

Well, for my subs, they sign my sub contractor agreement but I do not sign their agreement. So, my agreement is the only controlling document. My document covers payment, nature of work, confidentiality, etc... What would be the rationale for signing 2 documents? I would think that would only lead to conflicts. Please keep in mind that my subcontractor agreement for VAs is different than the independent contractor agreement that I sign with my subs.

 

 

 

Best wishes!

 

Cathryn Jones

www.assistants4agents.com

 

Assisting Top Producing Real Estate Agents Nationwide!

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Beth

 

I am not a lawyer, but I am curious as to why you signed two contracts for the same scope of work. [i worked in an attorney's office for over 10 years and even attorneys in the same state do not always see the same answer regarding discrepancies in a single contract.] My thoughts are whichever contract has the later date may be controlling, but if they both have the same date that's another issue. The laws in each state are usually different, although some may be similar. Unless there is a conflict which has to be resolved according to your contract, my suggestion is to come to some type of agreement and only have one contract. If there is a conflict, each of you will probably need to get the advice of an attorney and hope that the attorneys do not have conflicting answers.

 

Good luck!

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You only sign one contract, theirs or yours. You cannot have two contracts in place as the question would arise of which one took precedence in a court of law (most likely the one with the latter date but of course, I really have no idea not being a lawyer).

 

For me, if I have VAs coming forth to work with me, they sign my contract, period. I'll definitely negotiate certain paragraphs if I really want them to work with me badly enough (although state/province of dispute would not be one of them).

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Beth,

 

I'm with some of those who've already responded...if I'm doing subcontract work for a VA, I sign that VA's contract. (Mine stays in the drawer.)

 

I also agree that two contracts could be in conflict (as you've already stated) and would seem to cause more trouble than you'd want for all of the issues already mentioned.

 

Karen

 

P.S. Patty mentioned a Multi-VA Contract, which I have not seen, so I cannot respond to that.

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Thanks for all the responses. I ended up signing the other contract and voided mine.

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