Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts

Thursday, 4 June 2026

When the Backstop Becomes the Plan

From Doldrums to Hope

The days carry varying degrees of emotional toll, from the palpable to the expectant; the feeling that you may not be pulling your weight gives way to the exhilaration of success, because what was once intractable became resolvable.

We have moved from a week that seemed to present diminishing returns to one that appears to offer appreciating results. While we are not totally out of the doldrums, there is hope on the horizon, and things have been better than expected.

Governance Left Behind

Yet we get embroiled in administrative issues that should have had governance born from contractual obligation, including the clear requirement specifications that would apply to an architectural design, with guidelines for solutions to be crafted on agreed policy.

A backstop activity, meant only to tide us over until automation could take hold, has evolved into the core solution. This is because resources will not be committed first and, evidently, the architectural element is missing altogether.

Shortcuts Over Policy

The project manager, under pressure to deliver, has short-circuited the process, favouring the concept of ease over the policy guidelines that should govern it. The ideas are lifted off a contract statement and put into play, leaving the implementation resting on broad assumptions.

What we hear is that it must be done because the contract demands it; what we do not have is any documentation describing what is actually to be done. The best element of guidance to materialise today came in an email. However, can governance be run from an email, you wonder?

That is why this is being escalated. I am not convinced a proper resolution will be forthcoming before the pressure to act overwhelms the tendency to err on the side of caution; not out of any impossibility to perform, but because of the absence of governance that informs the processes required.

A Google NotebookLM AI Podcast on this blog

Wednesday, 9 June 2021

Like pawns in the game of spaghetti red tape

Probably the end of an unplanned break

The fervent wish of a pawn is promotion,
If it has not been sacrificed in the commotion,
That scatters a chessboard in pandemonium,
As the players each seek to win and overcome,
The sudden employment interregnum,
Imposed in bureaucracies rather glum,
Has now apparently brought fruition,
The prospect of renewed utilisation.

Yet, we must not be too urgent and forward,
At the many assurances, some quite awkward,
As the bills are not paid with wishes and promises,
We are pawns tossed around by market forces,
If you are not paid to maintain allegiances,
You are open and considering other advances,
Until the contracts are signed with a seal,
We can confidently agree we have no deal.

Friday, 28 May 2021

Sitting here in limbo

A right old mess

I guess the song that might become an earworm without even having played it back or heard it in decades is Sitting In Limbo from Jimmy Cliff’s Another Cycle album released in 1971. It catches the zeitgeist like no other situation that might evince today.

In the strangest matter of coincidence with the dead hand of bureaucracy, a contract renewal is anything but, the spirit of the environment is willing, but the letter of the situation is an interminable chain of decisions, committees, assessments, and conclusions. Each a variable of unquantifiable measurement in days or requirements that the result might well not be bet on.

Nobody knows the plot

That is how, as this engagement ends with the prospect of our return, though we cannot say for how long, when for or whether at all the farewells should be said or deferred. Sitting here in limbo of events completely outside our control because needs must in the hands of those who see process rather than people and the extended effects on their lives, livelihoods, and humanity, we have become birds without songs.

Yet, we must not despair, for even in the midst and quagmire of uncertainty, limbo is a place of transition, as the music is on repeat playback in my head, these words, “Well, they're putting up a resistance, But I know that my faith will lead me on.”

Monday, 10 May 2021

The auction of grey matter is open

Matters concerning

Let me see, we have a situation where a contractual engagement is up for renewal and that is a good thing for the prospect was incumbency put the principals ahead of the game, or that is the sweet talk that had presaged the circumstance.

On review, an extension was granted to allow for the formalities of the renewal be engaged from first principles as the whole assignment is now out to tender. The bland assurances that went before has now pitted the incumbents against 4 other rivals who might be bidding at different rates with a redefinition of the roles involved.

Markets in churn

Invariably, the agency now has to calibrate their bid competitively with a sweetener to keep the incumbents interested having dealt them a rather bad hand. The encumbrance is unnecessary, and the terms are hardly as favourable as obtains at present. Having only 3 weeks to go with this new development, the marketplace might be a better option than to continue in drudgery.

Marketing literature updated, profiles refined, and old contacts visited for possibilities. There is a pretence that the incumbents are being done a favour. Nothing could be further from the stark reality, that suitors are plenty and options abound, it is a chooser’s bazaar, bring your bids and get to use our brains. Miffed does not begin to convey displeasure, just push against an open door.

Tuesday, 4 May 2021

A life in a year at work

Like everything else

Today marks the first year of my working for an outfit of significant consequence, and it has been interesting in view of the pandemic that has been with us for over 14 months. If we put aside the qualifiers of ‘virtual’ or ‘from home’, I have been working and making the same contributions to my working environment that demands the efforts of my expertise whether present or absent.

I applied for the job from a job board, the interview was conducted as a scripted and written activity, it was not a conference of any sort, before I completed the interview activity, I was offered the position on a good rate, but I still completed the formality of filling the interview questions as everything was fast-tracked in the space of days.

Normal is here

My device arrived by courier, all my accounts were set up on account of the submissions and verifications I had provided, and I was soon within a team where the most we have seen of each other is switching on our camera in Microsoft Teams conference meetings.

After a year of doing this, we should dispense of the idea that this is the ‘new normal’, it is just normal, it is work, it pays, we are effective, solving problems, crafting solutions, and responsive to major incidents, even more so as our user community regardless of where they are working just want the same experience to help their productivity.

Pressing the flesh

Of the team in which I work, we are men at arms, each with their eccentricities and abilities, humour and witticisms; we work so efficiently together, we understand our vision and purpose and are led by a good manager with insight and empathy. At no time have we been left to run around like headless chickens because of a situation, we are allowed the courage of our convictions even if conflict ensues by reason of differently informed perspectives.

Obviously, we look towards that time when we can all meet up for a drink and a meal somewhere, I guess that is to fulfil the need for being social beings. In the end, we are getting paid for doing the job and I am looking forward to a contract renewal which everyone has sanctioned to go ahead, we just need to clear administrative hurdles. That is the year at work, normal, effective, and thriving. I am grateful for it all.

Thursday, 23 January 2014

Thought Picnic: Squaring the wheel

Out and about
Earlier than usual, the day started that I only had time for a shower and dressing up before making out to work without breakfast.
As we prepared for our meeting and conference, the idea that we could have breakfast before this fell through as time caught up with us without even a second for a Starbucks latte.
We found a room, and we entered a conference that had the first 15 minutes doing introductions, we were that many and it appears we would be interacting with many of them over the next few weeks and months.
Tinker bells
Meanwhile, I got the rights to look into what had been crafted for the UK, there is a danger that the wheel is being reinvented and in the process a perfectly efficient wheel is being underutilised.
I appreciate that technical people can be insufferable tinkerers with the impression that they can always craft something better than what has taken year-man-hours of amazing minds with untrammelled exposure to environments and scenarios too diverse to fathom, but I say, you must always determine what the tool can do before you retool.
Yet, I am learning, listening, reading, assimilating and appreciating what has been done before, lessons abound.
Reflection on inflection
Starbucks lattes after the conference, after lunch where we indulged in tuck shop cakes which became the desserts to a better prepared Italian pasta meal. The chef should probably stop experimenting with other cuisine.
The verdict from the conference was, too many assumptions abound and we need to challenge all those assumptions until each issue is clearly defined, understood, agreed upon and signed off.
That was the end of another day apart from getting clarifications between our signed contracts and the scheduling – what a relief, to all concerned.


Wednesday, 10 August 2011

Thought Picnic: Only on your terms and yours only

Dastardly people

As I read the story in three parts, I had hardly been through half of the first when I began to feel my blood boil. The abuse of trust, the sense of betrayal, the dishonest duplicity and treachery for which words still fail to convey the disgust to the level that one should.

Online, through social media networking forums we portend to establish relationships and in the process hope that the people we meet can become friends and friends indeed.

There are many that will become friends, having nurtured acquaintance through interaction and created bond of trust on which we might begin to stake a lot more than we would dare to offer to strangers.

Turn-coat chameleons

The online communities where the Internet persona does reflect the person rather than a schizophrenic detachment of Dr. Jekyll and Mr. Hyde in the same body allows us to drop our guard such that we trust but fail to verify leaves us innocent, naïve and sadly vulnerable too.

There are people that have earned respect by reason of their views and opinions; we hope that when we meet them in person they are no different but greater figures of admiration worthy of more respect.

It cannot however be said of all who appear to command an audience that belies public sainthood but private devilry.

Whose promises are not worth much, whose character is rubbish and have a demeanour that makes a diabolical version of Machiavelli easier to befriend and trust to personal hurt.

Trust but always verify

For all the engagement one can have towards the prospect of working with these people, there are a few strict rules we need to follow in order not to have our fingers burnt.

Always obtain independent references concerning these people, not only from observers but from those who are colleagues with the person.

Never enter into a gentleman’s agreement of just the shaking of hands without legally binding contractual terms that must be signed and delivered, if possible notarised – these people are neither gentlemen nor ladies, they have no spoken word that can be their bond.

If you have nothing in writing, you have nothing to rely on and you have no case when the issues come up for review – trust but verify. If those people are honest, truthful and credible, having any of the views documented should never ever be a problem.

Always keep a copy of all correspondence and ensure that whatever ideas they are selling to you are if said to be approved by their line management are confirmed from their line management before you act.

Only on your terms

Never change whatever status, condition, situation or circumstance you are in for a prospect that does not look legally enforceable from the moment you are at crossroads where a decision needs to be made.

Never be blackmailed into taking an offer that you are not entirely comfortable with, if they want you they should sort out their end of the bargain rather than inconvenience you with the uncertainties of where you stand.

You have more leverage in demanding the formalisation of your contractual terms before commencement than after you have resumed because that situation after you are on-board becomes less of a priority.

Pragmatism over patriotism

Do not let the opportunity to work amongst your people becloud your judgement of the circumstances you might encounter, the price is high enough leaving your comfort zone, do not raise it higher by allowing patriotism to trump pragmatism.

If you are a gambling person, don’t show your hand until enough is on the table to call your bluff. Be prepared to walk away from an untenable situation and do it resolutely; do not be held to ransom.

I would have preferred to write a more direct indictment of the person(s) concerned, but this is a shot across the bow and the torpedoes are being loaded in the tubes for which there will be no counter-measures and that is a promise, threats are so passé.

Thursday, 1 July 2010

Up in the air


Meetings for surprises
Nothing could have prepared me for the day I encountered today, with one being the proverbial grass on which elephants seem to have fought to the finish.
There were uncertainties and definitely no guarantees but assumptions were made, plans laid out and the idea that a future existed was the picture until as late as this morning.
I had planned to get to work by 10:00AM but arrived a bit later, meanwhile, even yesterday on my day off I was getting engrossed in typical office politics about ownership, responsibilities and deflections – they never tire in finding someone to dump the shit on.
A meeting was planned for 11:00AM and I arrived just in time to be pulled into an unplanned meeting where I thought we would be discussing strategy – maybe I forgot it was also July the first, the beginning of the new month and as it happens, I just happen not to have a contract anymore.
The squabbles that affect us all
That explained why the office looked emptier than usual, everyone else had already been informed to stay at home pending the time the bigwigs sort out if the contract can continue and who would be needed to man the contract.
It has probably come down to money, hard-bargaining and all that but as a self-employed consultant, consultant is hardly the word to use, one feels like a day labourer at best in these circumstances because just a fortnight ago we were to be in employment up until November.
There are prospects as I have been informed, a possible cooling down for the month of July and a return to activities in August, but no one really knows – it is all up in the air.
Up in the air
To think that just two days ago I watched Up In The Air starring Goerge Clooney on DVD about travel and the laying off of staff being outsourced to smooth talkers who were engaged to do the tough-talking for timid Human Resources departments, I could just imagine the feelings everyone had when told they were being let off.
A feeling of emptiness with that little voice of hope trying to scream in your head that you should just be calm, be cool, be collected and be considering of your future as a new opportunity for new challenges, those are your possibilities.
I had my timesheets signed, sent in my invoices, got on the wrong bus and made for home, and then it occurred to me that I could call on some ex-colleagues and so there I am.
With stories to tell from when I left, fell ill, got well again, had work and now on a loose end, it really is all up in the air.

Sunday, 21 September 2008

A contractual dilemma

Pay me peanuts

The rage in me has barely been contained as I have tried to comfort myself that all will be well and things will turn out right.

Leaving the assumed security of contract that was in many ways grudgingly extended by fits and starts that it lasted two years, where the longest extension was 3 months; and that happened twice in that whole period, it looked like a relief.

Each time the contract was being extended I was subtly reminded that I was expensive and needed to be replaced with cheaper permanent staff, when in fact the people (other contractors) I was helping in my team who had considerably lesser responsibilities and clout than I had were paid on a whole a lot more than I was – it is debatable whether they took home as much money, but that is beside the point.

I had been caught in an Apes Obey [1] net of my own making – I was willingly working hard with less incentive than most races – as Lord Lugard [2] had so aptly observed some 86 years ago about people of my race.

Brutalised by opportunists

I was at a disadvantage where I could not promote myself any longer as a Solution’s Architect if I was charging 2nd-line Support rates, there would be some wondering if I was genuine or a fraud and others thinking they had a bargain whilst pitying the fool I was – amends had to be made.

Generally, my demands have been modest and I have been most content trying not to allow the issue of remuneration to becloud the purpose for which I have contracted out my services. I had been seriously brutalised by opportunists in Nigeria years before where I was offering unique, expensive and rare desktop publishing training and when I gave a quote for my services I was called greedy to my face.

Not impressed

Normally, the “typical” young, up-and-coming Nigerian would listen to that and then negotiate the terms to a paltry fee because the man has a big car, he holds a doctorate, he is the director of projects in some grand firm, his sister was an executive in the diplomatic services, her husband was an ambassador and they lived in some swanky neighbourhood able to afford luxuries like kids in the best universities abroad.

To be candid, I have never been impressed enough with that sort of thing to allow myself to be insulted by anyone when in the act of providing services I am professionally able to offer with market-recognised expertise.

I do not think the conversation lasted another five minutes – I simply told them, they knew full well that they could not get that service and attention for less than three times I had charged, they were trying to take advantage of me and finally nobody calls me greedy and then has the opportunity to use my services – they tried to retract and apologise but I was out of the door and never looked back.

The scars endure

I now believe I was scarred by that affair and not long after that, as a partner in another firm where my partner was twice my age, had 70% of the concern (I had 30%) and was a director of the United Bank of Africa – again, this was because people recognized my desktop publishing expertise but felt they could both patronize and belittle me – money was thrown at me derisively across the table on matters that concerned the firm rather than my personal situation.

People just have the tendency to think their positions confer on them the right to be downright obnoxious and we the “underlings” are to accept such treatment as masochists, laid out on the altars of humiliating abuse, begging for more – No! I did not receive an upbringing or education to endure that kind of treatment from anyone.

That business relationship did not last much longer even though I had on the auspices of the firm visited the United Kingdom to purchase equipment for our business – You just do not give a 24 year old 30% of a firm and think it is the end of his ambition and life, he would throw it away and start over again – that is what I did.

Pay me enough to shout expletives at me

Many years on, I found myself working on a trading floor where men were treated like tin-gods, handled by everyone with undue deference because they made money and used to stupid technical people quaking at the sound of their voices, yielding to commands barely better than “lick my boots”.

Before I knew it, this man had a serious problem I could solve quickly but in relaying his problem suddenly spewed out a train of expletives longer than an old West wagon train. I gave him one look and told him, I was there to solve his problem if he took the time to calm down but I did not get paid enough to take expletives in my job.

He should contact me later when he was ready to have the problem solved – he was shocked at my reaction but he called round later, apologized and had his problem solved.

There is no reason why anyone at work should not expect to be treated with the utmost respect and courtesy regardless of your position at work.

The contract debacle

As I submitted my statutory one-month’s notice to end my last contract I was waiting on the affirmation of the contract terms that had been agreed in conversation just about a week before.

There was some movement a week after when I received an email first saying the contract was being arranged on short-notice but I had to provide all sorts of pertinent information necessary to draw up the contract.

I filled in the form, responding immediately asking other questions and got no response for about a week after other phone calls that ended up on answering services.

A few other phone calls to the people I was going to be working with and they were also frustrated with a lack of response, when I finally got to speak to one of the managers of the project I categorically stated that I would refuse to work for a company that does not treat me with courtesy – in this case, the courtesy of acknowledging my emails or responding to my phone calls.

Assurances, assurances and more assurances

I received assurances that all will be well but really nothing happened that I found myself writing one of those emails that I hate to read again after clicking on the Send button it stated I would not resume for work on September the first if I did not have a contract for my assignment – meanwhile I was winding down my activities at the firm where I had resigned.

More assurances where given with a deluge of emails and a phone call from the coordinator of contracts who was mad to call me under great duress where we discussed the agencies to handle my payroll and other issue, still a week before the commencement of the assignment – I relented and started eventually started the new assignment without a contract.

I was able to request all the access I required but no legal document showing the terms and conditions agreed for the assignment, calls were made, emails were sent from 3 other people and still no movement.

Enough!

Last Monday on the 11th day of work, I sent out an email to all concerned stating if the situation had not become an embarrassment for the firm, it was already unacceptable for me – something had to be done to ameliorate the situation.

Assurances, no matter how gentlemanly do not constitute a legally binding and enforceable contract.

I got no response and upped the ante by suggesting that I would only return to attend the office when I had a contract in my mailbox within the week or I will be back on the market this week – I got emails that this would be done the next working day and arranged with the utmost urgency – and an apology from the coordinator, I deliberately decided not to acknowledge or accept the apology until things had demonstrably changed.

Still a mess – an opportunist agency

It was not the case, the payroll agency were only informed of the contract on Thursday afternoon and had scant information about my contract and I was being tackled by assistant who were clueless about what needed to be done, when I was passed on to those who appeared to know, they did not have the pertinent information to hand.

I furnished them with all the information and had a contract delivered by email on Friday morning, there was whole set of clauses in the contract where the payroll agency tried to insert themselves into the negotiations and exact a no-compete clause along with the ability to exact punitive damages without notification or recourse to judicial review or due process.

It was a menacing clause to serve as a deterrent because I believe there is no way that could be argued before a judge, but if it was signed off in a contract, certain inalienable rights would have been signed away.

This is dishonest in my book

I am no lawyer but even if that was a boilerplate contract that everyone else had not bothered to read and understand, I was having none of it. The payroll agency was not competent to assume the position they desired, they were selected on my advice because I had done business with them three years before and definitely not for their competence, I just thought archival material they might have about me would expedite issues.

The negotiations and arrangements for the contract had been completely long before the agency was involved, so really I did not think the agency could demand in their clause that were egregious as best and really patently dishonest to say the least.

I asked for a waiver, first got a waiver on a moot sub-clause and then when they noticed a two sub-clauses had been given the same number, that was edited – showing they finally read their contract, I was told none of my views were valid and the clauses were not open for discussion.

This is really a big mess

It meant I had the prerogative not to sign the contract and seek the services of another competent agency, however, I needed the coordinator to discuss some terms that were missing from the contract and possibly to arrange an alternative course – as usual, he was nowhere to be found and I have still not been contacted by the man since.

Meanwhile, because this whole issue had been handled with levity, even though I started working on the 1st of September, the contract could only be signed from the 19th of September, the hours I have worked have to be squeezed into the last 7 working days of the month of September.

Is it unlikely that there would be a need to exact the clauses in dispute, but once the contract is signed those dormant clauses can have effect and be executed on the force of the contract – it has become a case of caveat emptor.

At crossroads

My dilemma is whether to completely pull out of the contract and just put myself back on the market or grit my teeth and follow through on this botched matter considering the assignment does offer some interesting opportunities.

The problem is not so much the assignment but the administrative handling of my contract, never have I had to deal with such rank incompetence and unprofessional attitude in the handling of my affairs – I have the good mind of lodging a formal complaint to the superiors of that coordinator and ensuring that I exact my pound of flesh and not forgetting the blood too.

I have never been so pissed off and treated with as much discourtesy as this – I need to go for a walk and watch the iShares Cup [3] taking place just on the water behind my apartment block.

Sources

[1] Introducing the Apes Obey! Series [akin.blog-city.com]

[2] Frederick Lugard: Biography and Much More from Answers.com

[3] iShares Cup 2008

Thursday, 19 January 2006

Professional reputations in a rotten job

False facts force fiddles
Angst is never an emotion or state of mind one finds oneself grappling with. In professional life, it rarely ever features, since I project myself as an expert and authority in the field where the knowledge goods find a market.
This really became a dilemma when I took on a short term contract to help sort out some problems which were affecting the technical relationship between my employer and their client.
It so transpires that over the last year, they had been discussing the execution of this project such that many questions were asked, some answers were given and we can agree that some of those answers would make a jury take a negative view of evidence before them.
Business lies
Basically, there were misrepresentations which lead to certain conclusions that formed the basis of executing the project.
Businesses embark on projects hopefully as a business improvement or enhancement exercise knowing that every eventual benefit might incur an initial cost in resources, time and money.
In this case, the client already had a ceiling of costs for a project which under nominal circumstances would have had an implementation floor well above the projected and agreed costs.
GF≠C is ideal
For some, that would be a bargain, but we all know that even if your service terms were Good, Fast and Cheap, juxtaposing them would provide different results.
+        Fast and Cheap is usually not Good (Bad)
+        Good and Fast is usually not Cheap (Ideal)
+        Good and Cheap is usually not Fast (Acceptable)
In this case, the project manager having presented the ideal plan had the Sales People pare it down to the acceptable and they all ended up with a bad agreement, I now have to square that up to the ideal.
With the wealth of knowledge and expertise I bring in as well as being a resource to execute the project, a lot can be done, but none of which does well to approach the fundamental implementation floor worthy of any recognition.
My role however was one of either trying to resolve the prevailing problems or a complete re-design of the project, the former had mileage, and the latter was long dead in water.
In resolving the problems, some radical action had to be taken which for posterity would have my name attached till when some sensible assessment of what went wrong initially and that is corrected.
Speak for me - forever
I could speak for myself whilst on the project and in the company, but once I leave, having done what the customer required though that requirement falls way below my professional judgment, it makes one wonder who would speak up for me when another expert reviews the project further down the line.
My concerns for that lead me to consider walking away from the project.
I sought succour from mentors and friends which simply confirmed the notion that it would always be my call.
Weighing the consequences of protecting my professional integrity or probably pride by walking away, or trying to make the best of a bad situation by making myself available as a resource to implement what the customer wants with the best expertise I could offer.
Just not on
In choosing the latter, I had already remonstrated about the issues that were raised in negotiating the terms of the project
+        from the false assertion that they had experts of my calibre who had executed the project not only badly but wrongly;
+        the apparent lack of candour where claim and counter-claim pervaded the atmosphere till the real truth emerged in a forum of all parties;
+        the quest to cover-up the mess by subterfuge rather than owning up to the mistakes made
Those amongst many other little but significant issues have been addressed and would need to be reviewed again as this project hopefully comes to a close.
Egg-spurt needs egg on face
The only annoying bit remains that the in-house expert who has expertly made a hash of this project has not accepted the folly of his actions enough to leave this to the hired expert to first resolve and then handover with the opportunity to learn.
For me, it is a humbling experience which in other circumstances would have seen my walk out, the risk of humiliation looms but is distant from the fact that they all well know that I kicked up a right old fuss.
Once again, I thank my mentors and friends for their advice, soothing words and useful guidance, they are friends, indeed.
This time has been instructive, the people quite challenging and the project, well definitely interesting. Go figure!