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Guidelines for Individual Contracting                                November 2013

This guide is intended to help experts negotiate better contracts with contractors. It discusses the following issues:

  1. Parties/third parties

  2. Performance / delivery requirements

  3. Appointment

  4. Duration

  5. Fees and payment terms

  6. Reimbursable expenses

  7. International air travel

  8. In-country transport

  9. Insurance

  10. Income tax & national insurance

  11. Termination

  12. Treatment of breaches of contract

  13. Restrictions during contract / following termination

  14. Confidentiality & retention/disclosure of information

  15. Intellectual property

  16. Security

  17. Liability and indemnity

  18. Applicable law/jurisdiction

This guide is a work in progress as we intend to update it continuously. Key issues for further development are:

  1. Important contractual issues we have overlooked;

  2. Practices of donors other than EuropeAid/EU, whom we focus on (because we know more about them than other donors);

  3. Issues arising from this document that we should lobby donors about;

  4. Detailed lists of considerations under various headings (e.g. when working at weekends should be automatically approved).

We want to acknowledge and thank the following for their comments: Rene Boesten, Kitty Hall, David Hepburn, Martin Horseling, Jan de Voogd, Maria Paalman, Stephen J. Newton, Luc Grandjean, and Robert Peacock. Our Legal Adviser, Joe Dalby, also contributed,

We plan to produce more collaborative reports, guides and manuals in the future.

If you are a paid-up member of TACU, you should have received this report in the last week of October. If you did not receive it (and you are sure your membership is up to date!) please write to info@ta-consultants-united.org and we will send you a copy immediately.

If you are not a paid-up member but would like this report (plus the next one), please join TACU.