I'm currently in a consulting agreement and have a question about part of my contract.
Specifically this section:
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement will govern all services undertaken by Consultant for Client; provided, however, that in the event of any conflict between the terms of this Agreement and any Project Assignment, the terms of the applicable Project Assignment will control. This Agreement may only be changed or amended by mutual agreement of authorized representatives of the parties in writing. The Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.
My question is, can any project assignment given by the client change any parts of this contract, specifically related to payment and hours agreed upon without mutual consent?
1 Answer from Attorneys
Theoretically, the project terms could change your hours and but should not change your compensation or payment terms. If this is a concern, I would add language or have an addendum to the agreement executed that makes clear that the number of hours, rates of pay and payment terms are not altered by any project assignment. I do not think that is the intent of the provision but should be made clear that it is not.
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