Posts tagged with: Construction
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...
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...
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...
Negotiating contract t’s & c’s with an employer shouldn’t be thought of as being contractual. It’s good commercial practice. Being able to properly negotiate your position requires that you fully understand the requirements of the contract. Reading the contract &...
All too often we are called in to commercially review projects that are financially in a difficult position. In a majority of cases the issues start with the submitted bid price. To be ‘competitive’, package prices, prelims & programme are...
In the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anr, the Supreme Court set out the tests for deciding whether an implied clause exists. There are two types of implied clause:...