#WiseUpWednesday: Run Across The Road For Me Would You?

If I asked you to run across the road for me, would you?

Your mind might immediately fire off any number of questions;

Why?

Which road?

When?

What’s in it for me?

It’s Hypothetical – Please Humour Me I Will Explain

To start with let’s say that the reason I want you to run across the road for me is that I can’t do it myself. It doesn’t matter why I can’t. Just accept that I can’t.

And anyway it’s actually something you are very capable of doing.

So which road, and what’s in it for you?

A Safe Way To Earn £1,500

So, here’s the deal. It’s a quiet stretch of road, so quiet in fact it’s the UK’s quietest, it’s the A897 in the Scottish Highlands.

And if you do that for me I will reward you with £1,500.

“Yeah, count me in, I can do that for you, no problem. It’s going to cost me a few quid to do it, but a great return.” I hear you say.

Ok, great stuff, deal done, task completed and profit earned.

Would You Like Another Go – It’s £3,000 This Time…

That’s right it’s a mate of mine who wants you to run across the road for him.

Bigger reward of course, and it’s just running across the road again.

It’s a bigger reward because it’s the M1, and it is at peak time, but it’s just running across the road again. You’re good at that right?

“OK, I reckon I can do that no bother”, I hear you reply.

Oh, one small point, my mate does things a little bit differently. It is the M1 after all…

You will just need to wear ear defenders OK?

“Yeah OK if you say so.”

And a blindfold, but it is three grand after all…

Still Interested?

If you are still interested at this point, you are much braver than me.

But, in all probability, you are going to say; “no count me out taking that amount of risk is just nuts.”

The risk is real. You can see what’s likely to happen, and you know it’s just not worth it.

Let’s Come Back To Reality

Let’s substitute the “M1” for that bigger more prestigious job, and “my mate” for an unscrupulous Contractor.

And the “ear defenders” and the “blindfold”?

They are his terms and conditions. it’s not as obvious as ear defenders and a blindfold. But, the risks are just as real…

You see the Contractor is trying to transfer as much responsibility and risk as he can onto you. He will stitch you up financially. He doesn’t care if you get hurt.

 

You should not simply accept the Contractor’s terms and conditions!

Remember It’s A Process

 

Whatever else you do please remember that agreeing the contract is a process. It’s not just about getting the order and starting the work without giving it a second thought.

Next time you find yourself in line for a big job, just think;

M1 – ear defenders – blindfold.

 

There may be times when you have to take a commercial decision to accept onerous terms and conditions of contract.  But, if you do, you need to be very clear about the risks you are running.

 

I hope you enjoyed this week’s Wise Up Wednesday.

 

If you are in any doubt about how to manage this process, or whether or not the terms and conditions are onerous, you need to take professional advice and StreetwiseSubbie’s Nationwide Network of Consultants are experts in helping you to deal with such matters.

If you need help, you can call us or email us and there is no charge for initial advice. You can email info@streetwisesubbie.com or call on 01773 712116.

 

Once again thank you all for your support.

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About Barry Ashmore

Qualifications Dip Law Dip Arb FClArb MCMi Year of Birth: 1954 Specialist Contractors Champion! • Chartered Institute of Arbitrators Panel Adjudicator • CEDR Accredited Mediator • Construction Contracts Consultant • M&E Specialist QS An experienced professional with an extensive range of commercial managerial and contractual expertise. Been in the construction industry all my working life. Started as am apprentice electrician at 16, worked my way up, estimator, engineer, contracts manager, general manager. Moved into dispute resolution in 1990! Worked for the biggest and then the best James R Knowles. Now heads up Ashmore Consulting, and most importantly StreetwiseSubbie.com Ltd. Extensive experience working at Director level, project managing, advising and acting on behalf of clients in matters relating to the resolution of disputes by way of negotiation, mediation, adjudication, arbitration and litigation. Straightforward advice given to clients, and wherever possible assisting clients to resolve disputes by negotiation, and avoid formal process. Style; can be as forceful as necessary when advocating, can use mediation skills to create the best possible prospects of a successful deal in an atmosphere of calm, positive determination - either way I'm focused on achieving the best possible solution for you. Barry can be contacted on 01773 715062 or 07815 193718 Email: barry@streetwisesubbie.com Web: streetwisesubbie.com

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