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The client told the cloud provider that I had been unauthorized to speak on the company's behalf (untrue) Apropos of nothing, it's funny how nearly every singl

The client told the cloud provider that I had been unauthorized to speak on the company's behalf (untrue) Apropos of nothing, it's funny how nearly every single consulting contract I've seen which has been prepared by an attorney on the client side tries to slip in a clause like "you shall not act on our behalf or hold yourself out as having authority to obligate or bind us", when that's actually exactly what they're looking to hire me to do (eg. "Please come manage our projects, employees, customer relationships, vendors, banking relationships, products, research branch" or whatever else the role entails).

james_in_the_uk 5y ago
In legal terms, they’re not exactly the same. You are managing the projects etc. as a service being provided under contract. You are not being granted actual authority to act as an agent of the company. The clause they are slipping in actually protects you both. If you are appointed as an agent (expressly or by implication) then you become a fiduciary for them which might give you obligations that aren’t necessary spelled out in the contract. So, this isn’t a clause most well advised people push back on. If they do still need to sign on behalf of the company in some discreet situations they look into getting a limited power of attorney instead. Safer and clearer for both parties. Not legal advice of course. I assume your own attorney would have explained this to you anyway.