He who alleges must prove! Keeping good records helps you avoid payment problems.

Whether it’s getting paid for variations, or stopping the contractor blaming you for delaying the job, you need to be able to prove that your version of events is correct, writes Barry Ashmore, managing director of Streetwisesubbie.com Limited.

Both these situations have arisen for Client’s this last week or so, and with our help, both Clients won – because they had good records!

“He Who Alleges Must Prove” and “Evidence Wins Cases”

Please understand this, neither Client got as far as a formal process, they didn’t need to, they had the evidence and could therefore show the Contractor, prove to him, that they would win.

Proof = Is best in the form of records in one form or another.

Please don’t tell me it’s difficult, or too expensive, to keep good records.There was a total of around £250,000 at stake in just these two cases, so how expensive would it have been if my Clients hadn’t got the records?

Keeping good written and photographic records is a fundamental necessity, the importance of which cannot be overstated.

Regardless of the size and value of the work, good records are essential in order to protect yourself. The scale and complexity of the work may dictate how much time and effort you need to put in, but even the most basic records can offer you protection.

Capture It – Because You Can’t Recreate It

Almost all construction disputes deal with events that occurred weeks, months or even years in the past. Your works may even be covered up, so cannot easily to be inspected at a later date.

Any records that you make at the time will be far more valuable as evidence than your memory of what happened, particularly if you can show that they have been issued to the other party at the time the events took place.

Check what the contract says about records and make sure you comply. It is not uncommon for a failure to submit records to be used as an excuse to reduce or withhold payment or blame you for delays that are not of your making.

In one of the two cases mentioned above my Client faced a claim of £150,000 for alleged delays – he’s very glad he had the records!

Payment Abuse

Payment abuse is destroying the UK construction industry, and over 95% of respondents to our recent survey think that neither the trade associations nor the government are doing enough to solve the problem.

So we are taking action.

Our very popular training seminars start again in March.

We want to share “The Secret Keys To Unlocking Subcontract Payment” that we have been putting into practice on behalf of Specialist Subcontractors for the last 27 years.

And they’re are being revealed at our March events;

“Understand Your Contract to Minimise Risk and Maximise Profit”

“Introduction To Contractual Awareness and Using JCT Subcontracts”

WHEN/WHERE IS IT? The dates and easy access free parking venues venues are as follows;

Thursday 15 March Leeds

Thursday 22 March Nottingham

Thursday 29 March Coventry

WHAT DOES IT COVER? We will be unlocking the Secrets To Getting Paid on time every time in a straightforward down to earth easy to follow style using real life examples.

Training is designed to give you the inside track on subcontract law and procedures, with emphasis on the JCT subcontracts. And we show you the the practical steps you can take to get paid properly.

Full details will be released soon but if you are interested please email info@streetwisesubbie.com for more details.

Update On Our Petition

As you may have seen we are calling for a Public Inquiry into construction in the wake of the Carillion liquidation which is going to impact 30,000 firms just like yours.

We are not interested in the politics of procurement, we are interested in protecting Specialist Sub-Contractors.

As of today, 1,170 people have signed our petition. So, here is how you can help;

And please feel free to give us a call on 01773 712116 or email us on info@streetwisesubbie.com, and let’s see what we can all do together to bring about positive change.

#enoughsenough #buildfair4all

 I sincerely hope to speak with you soon.

 Best regards

Barry

P.S. Please remember if you need any support please take action sooner rather than later. If you’re not sure what you need, or just want a second opinion, please give us a call on 01773 712116, or email info@streetwisesubbie.com

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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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