All posts by: support@banja.ca
We have been involved with claims which originated in the works not being ready on the start date. What would you do? Try & be helpful & work through the situation or issue a notice to the main contractor? We...
One of the main reasons contractors fail is not that they’ve run out of work but because they’ve not managed their cashflow. At preconstruction tenders should be cashflowed. If not cashflow positive by month 2, can you afford to fund...
Condition precedents can be found throughout a construction contract although the main focus tends to be within claims for extension of time, variations and payment. Condition precedents can impose strict conditions. Whilst it is good practice to contain the words...
Another contract review successfully completed! One of the more common clauses that we see inserted into construction contracts goes along the lines of: ‘subcontractor is deemed to have identified prior to entering into subcontract all conflicts/divergences/discrepancies/errors between the subcontract documents...
There are many blogs on this website relating to construction contract law. These relate to the interpretation, definition of words or clauses, the creation/review/amendment of precedent or the risks of ambiguity within contracts. As a subcontractor you are experts in...
The case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS (formally Verbus Systems Limited) (“Verbus) considered whether “sign off” was required prior to payment. The main contract was for a new design and build hotel in London. Bennett were employed...
How many times have you sat through a lessons learnt session, discussed the issues, wrote the report only for it to be stored in a filing cabinet never to see the light of day again? Sound familiar? Be truthful, how...
As a subcontractor how do you price work … do you take off the quantities then apply your standard rates against the items? This is what we typically see. But how often do you really scrutinise the programme during the...
Reviewing projects we find many instances of poor cash management. Lengthy payment terms; Payment terms with your subcontractors / suppliers not aligned with your contract terms; Poor valuation control; Retention’s left uncollected; Condition precedents for payment that are difficult to achieve...
One of the more common issues we come across are contractors carrying out additional work without: a. Realising it; b. Notifying the main hashtag#contractor or employer of the change; c. Keeping correct records; d. Receiving an official instruction; e. Issuing...