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Switching Nearshore Vendors Without Losing Engineers

Keep the engineer, change the supplier. The five clauses to read, the order that makes the notice period your overlap, and when staying is cheaper.

By Gustavo Tinti, Founder, HireBrazilDevs · October 11, 2026 · 6 min read

Sign the new paper before you give notice: the next supplier's statement of work, the engineer's own agreement to move, and a named start date, so the notice period becomes your overlap rather than your gap. Before any of it, read five clauses in the incumbent's contract — term and notice, non-solicitation, any conversion fee, the intellectual property chain, and whether the engineer is its employee or its contractor.

If you want to keep the engineers and leave the supplier, the order of operations decides what it costs. Sign the new paper first — the next studio's statement of work, the engineer's agreement to move, a named start date — then give notice on the old contract, so the notice period becomes your overlap instead of your gap. Before any of it, read five clauses: term and notice, non-solicitation, any conversion fee, the intellectual property chain, and whether the engineer is the incumbent's employee or its contractor.

The engineers are good and the work is shipping; what you want to end is the account management, the margin, or a substitution you did not approve. There is nobody neutral to ask about it, though. Every supplier you can put the question to is either the incumbent that loses the account or the candidate that gains it, and this page is written by one of the two — so read it as reasoning you can check against your own contract, not as advice from a disinterested party.

Name what is actually wrong first

A supplier change fixes supplier problems and carries client-side problems across intact. It genuinely fixes a contract that lets the vendor move your engineer onto another account, a rotation where the person you interviewed quietly became someone else, and exclusivity that lived in a sales conversation. It does not fix a brief that describes a stack instead of a problem, or decisions scheduled in hours your engineer cannot attend — the piece on engagements that do not work out covers those.

The five clauses that decide what this costs

Why haste with the notice costs more than the notice

The intuitive sequence — decide, give notice, then arrange the move — goes wrong four ways at once.

The cheap sequence puts every reversible step before the single irreversible one. Confirm the engineer wants to move, and on what terms. Read the next supplier's assignment clause before its price. Name a start date. Sign. Then give notice, in writing, with a date. One exception: a security or trust failure, where you pay the notice and cut access the same day.

Expect one number to move, and it is the rate. A supplier quoting for an engineer who already has the job is not filling an empty seat, and the engineer now sees both sides of the margin, so budget flat rather than cheaper.

What to require of the next supplier

A transfer is the one moment you hold real leverage, and the thirty-day replacement guarantee is worth little here — you already know the person. Spend that leverage on the terms that do matter on a transfer, and treat any supplier that asks you to give up the guarantee to get them as having answered a different question:

Each of those five is in the terms HireBrazilDevs publishes in full, reversion clause and all. Published or not, ask for the clause text rather than the summary — the gap between a pricing page and a signature block is where these problems live.

When staying is the better move

In the right order a supplier change is paperwork and one quiet month. In reverse it is a resignation, an argument about a clause nobody read, and a seat to fill twice.

Frequently asked questions

Can I move my engineer to a new supplier without asking them?

No. The engineer has their own contract with the incumbent — as a PJ contractor through their own company, or as a CLT employee — and it may carry a notice period or a restrictive covenant. Ask them first, before you talk to anyone else, and ask what they are to the incumbent rather than assuming.

Does a non-solicitation clause stop me from switching suppliers?

It depends on the wording. A clause written only against employing the person may not reach a move to another supplier; one written against engaging them directly or indirectly, or through a third party, is written for exactly that case. Read the clause and have your own counsel read it — asking the incumbent how it reads the clause is itself the announcement the clause is written to catch, and you would be making it with nothing signed. This is not legal advice. If you want the incumbent's reading in writing, ask for it after the new paper is signed, when the answer costs you nothing.

Should I give notice before or after signing with the new supplier?

After. Notice is the only irreversible step. Give it first and you spend your whole notice period — thirty days in a reasonable contract, ninety in a bad one — with a disengaged incumbent, an engineer whose income has an end date but no start date, and no leverage if a non-solicitation clause applies. Signed paper first, then notice, and the notice period becomes your overlap.

Will the monthly rate drop if I switch suppliers?

Budget flat rather than cheaper. A supplier quoting for an engineer who already has the job is in a different position from one filling an empty seat, and the engineer sees both sides of the margin during a transfer. If price is your only complaint, ask the incumbent for a new number first — a renegotiation costs one email.

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Gustavo Tinti — Founder, HireBrazilDevs. Brazilian software engineer. Builds and runs HireBrazilDevs from Curitiba, and writes from what actually happens when a U.S. company hires in Brazil — the contract clauses, the payment rails, the time zone arithmetic.