Monthly Archives: November 2019
Not following the contract in relation to payment protocols is an unnecessary cause of dispute. Although the payment process may be similar contract to contract, there can be subtle changes, for example. The timeframe for issuing notices can be increased...
What’s your best defence when dealing with construction disputes (aside from avoiding them in the first instance!)? Records. Records. Records! Accurate & contemporary records are invaluable if you ever find yourself in a dispute situation. So, what records should you...
How many times has your subcontract included a back to back clause with the main contract? How many times has your subcontract arrived with a copy of the main contract? How many times have you requested to view the main...
How much risk are you taking? Think about it. When you tender for work are you reviewing: The subcontract terms & conditions; The proposed programme to make sure its achievable; Your rates to ensure they suit the works, programme &...
What makes a good payment application? We know that it must contain a build up to the amount claimed, but how far do you go with your supporting documentation? An excel sheet with percentages against each work item? If so,...
During construction change happens. If the change is for a reason outside of your control i.e. not of your making there should be a remedy within your contract to enable an adjustment of the completion date and/or the contract sum....
Construction tenders that have the potential to become problem projects are fairly easy to spot. At tender stage the tender package may: Be missing vital design information; Have onerous contract clauses; Have a very short tender period; Disjointed, tight or...
Do you have all the information required to complete your works? If you have reviewed your subcontract documents properly then you should know what information is missing & when you require it by. Therefore, one of the first documents you...
Are we finished? This simple question is the cause of many construction disputes. The basis of many of these disputes lies in the definition of what is practical completion (PC). In a recent ruling, the Court of Appeal stated et...
Words in contracts can have specific legal meaning which may be different to the meaning of the word when used in everyday language. The most common example is the term ‘best endeavours’. Have you said to someone ‘I’ll try my...
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