Why Some Subbies Get Paid And Some Don’t!

Life would be much simpler if you did the work, sent in your application and received your payment in full and on time!

But in reality, as a Specialist Subcontractor you will often find that your works are not being valued properly by the QS and you are not getting paid.

You can’t write out cheques from the Contractor, but you can take positive steps to make it more likely that you will be paid the right amount of money at the right time.

As a Sub-Contractor getting paid on time could mean the difference between survival and insolvency!

So Why Do Some Get Paid and Some Don’t?

Here are a few thoughts based on 28 years of resolving payment problems for Subbies;

  • Know the dates your payments are due and make the Contractor aware that you know.
  • Make sure that all applications are in on time and comply with the contract
  • Contact the Contractor before the payment is due to make certain they know when you are expecting payment
  • Make sure the Contractor knows that;
  • if payment is late, you will suspend your works in accordance with your contract, or
  • if he pays less than he should you will take prompt action

Can Subcontractors Suspend Performance?

Suspending performance of the works is a powerful incentive to make the Contractor put you at the top of the list when it comes to making payment.

But you MUST follow the contract!

Used properly, suspension is your best solution to prevent late payment.

You need to be careful and we would always recommend that you take our specific advice before suspending performance.

Remember our team includes Specialist Quantity Surveyors and Construction Contracts Consultants, so we have the capability to resolve your problem fast. Click here now for details

Set Off and Contra Charges

If the Contractor is making a set off from your account or is deducting contra charges, there are steps you can take to resolve the situation.

First and foremost, you need to take action and fast, because the situation is not going to get better of its own accord.

There is a significant difference between them saying it has cost £”x”,  for whatever reason and them being able to prove that;

  1. a) it is your responsibility and
  2. b) they have actually incurred those costs

In both cases their claims, are exactly that “claims”, and the burden of proof falls on them.In other words; they have to prove that these matters are your responsibility and that any costs they say they have incurred have actually been incurred, and that they are reasonable costs reasonably incurred.

Think of it this way. How much trouble do they put you to when you claim for variations?

Pay When Paid

These clauses are intended to avoid payment to the subcontractor entirely if the money isn’t received from the Employer. Since the Construction Act came into force such clauses are made “ineffective” unless non-payment is due to the insolvency of the Employer.

Either make sure you don’t accept such clauses, or you need to know about the financial stability of the Employer!

Late Payment

If payment is made late, interest becomes due on the outstanding money in accordance with Late Payment of Commercial Debts (Interest) Act 1998 which applies to all contracts as from 1st November 2002.

The rate of interest payable is 8% above bank minimum lending rate unless the contract itself provides a substantial remedy for late payment.

WANT TO KNOW MORE?

So, there we have it. Some reasons why some Subcontractors get paid, and some don’t. But, with the right assistance and application of the right principles at the appropriate time, you can make sure you do!

I have been assisting Specialist Contractors just like you, to resolve payment problems for the last 28 years. And, StreetwiseSubbie.com has been providing services to our Buddies (members) for the last 10 years.

We are pretty confident that we can help you, so please feel free to call any time. Initial advice is free, subject to you meeting certain criteria.

Thanks and best regards

Barry

StreetwiseSubbie.com

P.S. Please remember that we are here to provide solutions exclusively for Subcontractors. If you want access to professional solutions that work, then please give us a call on 01773 712116, or email info@streetwisesubbie.com today.

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Agreeing Variations Is Easy Right?

If agreeing variations was easy, then it wouldn’t be the greatest source of problems for Specialist Sub-Contractors in the construction and engineering industries!

So, no agreeing variations is NOT always easy.

It’s therefore essential to have a clear understanding of the contractual framework governing the instruction, execution and valuation of variations.

BHC and Galliford Try thought they had a clear understanding of what the contract said, but their valuations were an eye watering £13 million apart. Ouch!

OFF TO COURT THEN…

The dispute was part of the development of a gas processing plant in the Laggan Tormore gas fields off the Shetland Isles: one of the biggest UK construction projects.

BHC brought the action in order to clarify the rules relating to valuation of certain variations issued under the contract.

Galliford Try (trading as Morrison) had engaged the claimant BHC to carry out structural steelwork (including associated design works), roof and wall cladding, and precast concrete flooring works.

The principal issue was whether certain variations, provided for re-measurement of the entire works contained in the change order, or alternatively whether the starting point for measurement was to take the lump sum quote and to make additions to and omissions from that quote, a process known as ad-measurement.

The Judge, Mrs Justice O’Farrell, held that the proper construction of the variations  was that they provided for complete re-measurement of the entire works as opposed to ad-measurement.

HOW SHOULD VARIATIONS BE VALUED?

Unfortunately a common misunderstanding made by many Specialist Contractors is to assume that all contracts are the same.

Let’s be clear on that; not all contracts are the same!

Instructions may merely confirm or clarify that which was originally required, whilst the Specialist Sub-Contractor may argue that it is a change which entitles him to additional monies.

Such differences of opinion can be minimised by ensuring that the description of the work in the Contract Documents is as clear as possible. And, that the rules regarding valuation are fully understood by both parties.

As BHC shows, this is very much a case of easier said than done. However, attention to detail at contract formation stage, will be well worth the effort when it is becomes necessary for you to demonstrate that the work constitutes a variation, and how it should be valued.

WANT TO KNOW MORE?

So, there we have it. Definitive proof that agreeing variations is not easy! But, with the right assistance and application of the right principles at the appropriate time, you can make it “easier”.

I have been assisting Specialist Contractors just like you, to resolve problems just like this, for the last 28 years. And, Streetwisesubbie.com has been providing services to our Buddies (members) for the last 10 years.

We are pretty confident that we can help you, so please feel free to call any time. Initial advice is free, subject to you meeting certain criteria.

Thanks and best regards,

Barry

StreetwiseSubbie.com

P.S. Please remember that we are here to provide solutions exclusively for Subcontractors. If you want access to professional solutions that work, then please give us a call on 01773 712116, or email info@streetwisesubbie.com today.

Subby Bashing Is Alive And Well…  

This week’s Wise Up Wednesday is about Subby Bashing, which sadly is alive and well. Even as I write this I have just put the phone down from a joinery subcontractor who is suffering and needs our help!

For many Specialist Sub-Contractors getting paid late, under-valuation and unjustified set off, is an everyday problem. Some almost take it for granted that Main Contractors are entitled to insist on long payment periods, or find unethical reasons to delay payment or pay less than you are entitled to.

According to some reports, SME’s in the UK are owed in excess of £50 billion in late payments, but the majority are reluctant to chase slow-paying customers because they are worried about upsetting them and losing future work.

You should ask yourself: ‘Do you really want to work for someone that does not pay?’

Stop The Subby Bashing

The fact of the matter is that the Contractors are not making any money! In the current economy, margins are so slender it only takes something minor to go wrong, for the Contractor to start losing money on a project.

Aggressive commercial managers demand that their staff use any means possible to recover margins and reduce or withhold payment to their sub-contractors by:

  • Under valuing payment certificates
  • Creating a contra charge account
  • Keeping hold of retention monies
  • Making false or illegal damages claims
  • Refusing substantial final payments until a ransom deal is struck
  • Invoking onerous contract terms

What Can You Do?

If you think that there is nothing that can be done to improve your financial position, I’m pleased to say you are wrong.

StreetwiseSubbie is helping hundreds of sub-contractors just like you to get paid properly. We can help you cut through all the smoke and mirrors and get you paid on time, and what you are actually entitled to , rather than what the Contractor wants to pay you!

The thing about the Contractor’s Bully Boys is that they rarely understand what they are doing contractually. Very few actually understand the New Construction Act rules, they either don’t understand the Payment Notice requirements, or they fail to comply with them.

The timing and content of Payment and Pay Less Notices is critical, plus they often miss the fact that payment applications become the sum due if they don’t do what they are supposed to do when they are supposed to do it.

The threat of a smash and grab, quick and inexpensive “technical adjudication” is often enough to unlock payment. If the law and the facts are in your favour the adjudicator is almost ‘rubber stamping’ your payment application as the sum due!

So, don’t be intimidated, and don’t accept payment abuse, we are here to help.

Take Time Out To Brush Up On The Contractual Stuff

We’ve said before that learning the contractual stuff doesn’t have to be difficult, so please don’t be put off by thinking it’s legal mumbo jumbo that only lawyers can understand.

This all gives you a good start in the battle to get paid properly, and if you need us, our experienced professional Consultants are here to help you get paid what you are owed and on time.

Want To Know More?

If you would like to know more about the ways to Minimise Risk and Maximise Profit, that we have been putting into practice on behalf of Specialist Subcontractors for the last 28 years, I would like to invite you to our exclusive March Seminars.

You will have a thoroughly enjoyable delay where you can enjoy the company of other Specialist Contractors at this exclusively “Subbies” only event.

The atmosphere is relaxed and the presentations are down to earth and user friendly, packed with real life examples of what to watch out for, and all the information that you need to minimise risk and maximise the profitability of your business.

And as all the venues are specifically chosen for ease of access you’re sure to have a great day, where you can network, learn and share ideas in a vibrant and relaxed atmosphere.

The secrets 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 fast access venues are as follows;

Too late for Leeds which was 15 March – Oulton Hall

Too late for Nottingham which was 22 March Nottingham Belfry

Hurry book now for tomorrow 29 March – The Village HotelCoventry close to M6 and M40

** If you have an alternative location that you would prefer for future events please email us on info@streetwisesubbie.com

WHAT DOES IT COVER?

We will be unlocking the Secrets To Minimising Risk and Maximising Profit in a straightforward down to earth easy to follow style using real life examples.

Here’s what your fellow Subcontractors said about our last event;

“Fantastic! A great day”

“Easily digestible information delivered in an interesting and easy to understand format”

“Very detailed and informative”

“Very informative and well delivered”

“We were struggling to get paid; not any longer!”

THE HEADLINES

  • Session 1 – Contract Formation
  • Session 2 – Introduction to JCT Contracts and Construction Act
  • Session 3 – Time, Notices and Delay and Disruption
  • Session 4 – Instructions, Variations and Maximising Return
  • Session 5 – Getting Paid On Time and the Right Amount
  • Session 6 – Resolving Conflicts and Disputes
  • Session 7 – Putting It All Together

WHO SHOULD ATTEND? This is exclusively for Specialist Contractors and is designed specifically to provide a broad appeal for Specialist Contractors staff who work with contracts which includes;

  • Estimators,
  • Contracts Managers;
  • Project Managers;
  • Commercial Managers,
  • Quantity Surveyors,
  • Credit Controllers and
  • Directors

WHAT WILL WE GET OUT OF IT? The Secrets To Minimising Risk and Maximising Profit, including the best information available to resolve the all important problem of How To Get Paid!

Specialist Contractors don’t get paid because they don’t understand the contract or don’t apply it when they should. We will reveal all you need to know to enable you to understand the fundamentals of those subcontracts, and how to get paid.

WHAT DOES IT COST? You can book now for preferential discounts and rates – but be quick to ensure you receive your Early Booking Discount!

Book within the next few days and instead of paying £350, you can pay just £315.00 saving you 10% off the standard price.

Book two or more places and you can pay just £280 each saving you 20% off the standard price.

Special rates apply for our Buddies (members) – please ask Tanya for details.

All rates are subject to VAT

Booking couldn’t be simpler, just contact Tanya directly on 01773 712116 or tanya@streetwisesubbie.com to confirm your places and she will take care of the rest. She is brilliant!

But hurry it’s tomorrow!

Best regards

Barry

Streetwisesubbie.com

P.S. Please remember that we are here to provide solutions exclusively for Subcontractors. If you want access to professional solutions that work, then please give us a call on 01773 712116, or email info@streetwisesubbie.com today.

Use The Power Of  A Scott Schedule!  

In this week’s post I want to talk about Scott Schedules, and how you can use them to get your interim and final accounts agreed.

Scott Schedules were originally developed by George Alexander Scott, a surveyor and official referee (a circuit judge to you and me), for use in building disputes.

They are now commonly used for a variety of legal cases that involve complex cases where there are are numerous claims, and especially your interim and final accounts which almost always include variations, or in the case of NEC contracts “Compensation Events”.

A Scott Schedule is essentially a spreadsheet, pretty impressive given that Scott died in 1933, some 52 years before Microsoft released Excel. Originally prepared by hand. they are now commonly prepared on Excel and have inputs from both the claimant and respondent.

Typically you will be the the claimant and you will set out your argument first, e.g. your application for payment including variations, then the schedule is passed to the respondent to set out their response i.e. their valuation.

This requires a degree of collaboration between the parties, but it is one of the very best ways of being absolutely clear about what you are claiming and what the Contractor is valuing and paying.

We Already Do That

A lot of Specialist Contractors do submit interim applications on some form of spreadsheet, but a lot don’t, and of those that do few are using their power to the full. I’m not talking about their computing power, I’m talking about their contractual power.

What do I mean by that? Well, if your account doesn’t get settled you will need it resolved by way of adjudication, arbitration or litigation. Whichever option is appropriate, the parties set out their positions in a Scott Schedule and the final column in the schedule is provided for the adjudicator, arbitrator, or judge to give their decision against each item.

So, starting with the end in mind is a great way to put contractual power behind your claims!

The Power Of Scott Schedules

The Technology and Construction Court (TCC) guide describes a Scott schedule as ‘…a table, often in landscape format, in which the Claimant’s case on liability and quantum is set out item by item in the first few columns and the Defendant’s response is set out in the adjacent columns’.

The guide suggests it is suitable for ‘…claims involving a final account or numerous alleged defects or items of disrepair’ and that ‘…even where all the damage has been caused by one event, such as a fire, it can be helpful for the individual items of loss and damage to be set out in a Scott Schedule.’

The TCC suggests that the power of Scott schedules is in the information provided and their brevity, proposing that excessive repetition should be avoided. The response should be clear and specific, dealing with each issue and providing statements that make clear which claims are admitted or agreed, which are denied and why.

And that’s why you can use them at an early stage in negotiation to get your account agreed well before it becomes a dispute.

Want To Know More?

If you would like to know more about the ways to Minimise Risk and Maximise Profit, that we have been putting into practice on behalf of Specialist Subcontractors for the last 27 years, I would like to invite you to our exclusive March Seminars.

You will have a thoroughly enjoyable delay where you can enjoy the company of other Specialist Contractors at this exclusively “Subbies” only event.

The atmosphere is relaxed and the presentations are down to earth and user friendly, packed with real life examples of what to watch out for, and all the information that you need to minimise risk and maximise the profitability of your business.

And as all the venues are specifically chosen for ease of access you’re sure to have a great day, where you can network, learn and share ideas in a vibrant and relaxed atmosphere.

The secrets 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 fast access venues are as follows;

15 March – Oulton HallLeeds close to M1 and M62

22 March – The Nottingham BelfryNottingham close to M1 J26

29 March – The Village HotelCoventry close to M6 and M40

WHAT DOES IT COVER?

We will be unlocking the Secrets To Minimising Risk and Maximising Profit in a straightforward down to earth easy to follow style using real life examples.

Here’s what your fellow Subcontractors said about our last event;

“Easily digestible information delivered in an interesting and easy to understand format”

“Very detailed and informative”

“Very informative and well delivered”

“We were struggling to get paid; not any longer!”

THE HEADLINES

  • Session 1 – Contract Formation
  • Session 2 – Introduction to JCT Contracts and Construction Act
  • Session 3 – Time, Notices and Delay and Disruption
  • Session 4 – Instructions, Variations and Maximising Return
  • Session 5 – Getting Paid On Time and the Right Amount
  • Session 6 – Resolving Conflicts and Disputes
  • Session 7 – Putting It All Together

WHO SHOULD ATTEND? This is exclusively for Specialist Contractors and is designed specifically to provide a broad appeal for Specialist Contractors staff who work with contracts which includes;

  • Estimators,
  • Contracts Managers;
  • Project Managers;
  • Commercial Managers,
  • Quantity Surveyors,
  • Credit Controllers and
  • Directors

WHAT WILL WE GET OUT OF IT? The Secrets To Minimising Risk and Maximising Profit, including the best information available to resolve the all important problem of How To Get Paid!

Specialist Contractors don’t get paid because they don’t understand the contract or don’t apply it when they should. We will reveal all you need to know to enable you to understand the fundamentals of those subcontracts, and how to get paid.

WHAT DOES IT COST? You can book now for preferential discounts and rates – but be quick to ensure you receive your Early Booking Discount!

Book within the next few days and instead of paying £350, you can pay just £315.00 saving you 10% off the standard price.

Book two or more places and you can pay just £280 each saving you 20% off the standard price.

Special rates apply for our Buddies (members) – please ask Tanya for details.

All rates are subject to VAT

Booking couldn’t be simpler, just contact Tanya directly on 01773 712116 or tanya@streetwisesubbie.com to confirm your places and she will take care of the rest. She is brilliant!

But hurry our last round of seminars sold out very quickly.

Best regards

Barry Ashmore

StreetwiseSubbie.com

You’ve Seen Wise Up Wednesday… Now “First Five Friday” Brings You 50% Off

Our “First Five Friday” offers are proving very popular so if you missed it, here’s another chance to get 50% off the knowledge you need to protect your business.

We normally sell out and end up turning people away!

This week the Wise Up Wednesday was about resolving problems and disputes, which can be a nightmare for Specialist Contractors like yourselves.

As an ex Specialist Contractor turned professionally qualified consultant I have been helping you guys resolve problems, and get you paid what you deserve, for the last 27 years. Now you can tap into all that knowledge and experience at our latest seminars.

And Our First Five Friday Offer is 50% Off…

That’s right the first 5 places at each venue booked today get 50% off the price!

Come  and discover the Secret Keys To Minimise Risk and Maximise Profit, 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 fast access venues are as follows;

15 March – Oulton HallLeeds close to M1 and M62

22 March – The Nottingham BelfryNottingham close to M1 J26

29 March – The Village HotelCoventry close to M6 and M40

WHAT DOES IT COVER? We will be unlocking the Secrets To Getting Paid For Variations (and lots of other issues) in a straightforward down to earth easy to follow style using real life examples.

Here’s what your fellow Subcontractors said about our last event;

“Easily digestible information delivered in an interesting and easy to understand format”

“Very detailed and informative”

“Very informative and well delivered”

“We were struggling to get paid; not any longer!”

THE HEADLINES 

  • Session 1 – Contract Formation
  • Session 2 – Introduction to JCT Contracts and Construction Act
  • Session 3 – Time, Notices and Delay and Disruption
  • Session 4 – Instructions, Variations and Maximising Return
  • Session 5 – Getting Paid On Time and the Right Amount
  • Session 6 – Resolving Conflicts and Disputes
  • Session 7 – Putting It All Together

WHO SHOULD ATTEND? This is exclusively for Specialist Contractors and is designed specifically to provide a broad appeal for Specialist Contractors staff who work with contracts which includes;

  • Estimators,
  • Contracts Managers;
  • Project Managers;
  • Commercial Managers,
  • Quantity Surveyors,
  • Credit Controllers and
  • Directors.

WHAT WILL WE GET OUT OF IT? The Secrets To Getting Paid! Specialist Contractors don’t get paid because they don’t understand the contract or don’t apply it when they should. We will reveal all you need to know to enable you to understand the fundamentals of those subcontracts, and how to get paid.

WHAT DOES IT COST? The First Five Places at each venue booked today get 50% off the price saving you a massive £175.00 per place!

Book today and instead of paying £350, you can pay just £175.

All rates are subject to VAT

Booking couldn’t be simpler, just contact Tanya directly on 01773 712116 or tanya@streetwisesubbie.com to confirm your places and she will take care of the rest. She is brilliant!

But hurry this offer is limited to the first 5 places booked at each venue today only.

Best regards

Barry

P.S. Please remember that we are here to provide solutions exclusively for Subcontractors.

It’s Wise Up Wednesday – Resolve That Dispute…

This week’s ‘Wise Up Wednesday’ is all about resolving disputes – before they start!

Many disputes can be avoided by getting the paperwork right in the first place, and making sure that everyone has a common understanding of what is expected of them, and what will happen if things go wrong.

So the first way of resolving that dispute is to stop it from happening in the first place.

Adopting the following approach can help:

  1. Record all pre-contract negotiations and confirm everything in writing and/or email;
  2. Make sure all the important details are properly incorporated in the contract and that it exactly what has been agreed;
  3. Agree on any standard terms and conditions to be used and negotiate out any onerous clauses;
  4. Don’t agree to anything you don’t understand and if you need to, don’t be shy about getting advice on your contract documentation.
  5. Make sure you follow the procedures set out in the contract – don’t ignore them…

What If Things Still Go Wrong?

Construction is a contentious business, so it’s no surprise that disputes can arise, even if you haven’t done anything wrong.

Commencing any form of dispute resolution can be stressful and impact on your business, because no matter how strong your case, you can never be certain of the outcome.

That’s why it is absolutely essential that you get things right from beginning to end.

WANT TO KNOW MORE?

You need to know how to put all this together to make sure you keep disputes to a minimum, get paid, and protect your company’s financial well being.

So, please come  and discover the Secret Keys To Minimise Risk and Maximise Profit, 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 fast access venues are as follows;

15 March – Oulton HallLeeds close to M1 and M62

22 March – The Nottingham BelfryNottingham close to M1 J26

29 March – The Village HotelCoventry close to M6 and M40

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.

Here’s what your fellow Subcontractors said about our last event;

“Easily digestible information delivered in an interesting and easy to understand format”

“Very detailed and informative”

“Very informative and well delivered”

“We were struggling to get paid; not any longer!”

THE HEADLINES

  • Session 1 – Contract Formation
  • Session 2 – Introduction to JCT Contracts and Construction Act
  • Session 3 – Time, Notices and Delay and Disruption
  • Session 4 – Instructions, Variations and Maximising Return
  • Session 5 – Getting Paid On Time and the Right Amount
  • Session 6 – Resolving Conflicts and Disputes
  • Session 7 – Putting It All Together

WHO SHOULD ATTEND? This is exclusively for Specialist Contractors and is designed specifically to provide a broad appeal for Specialist Contractors staff who work with contracts which includes;

  • Estimators,
  • Contracts Managers;
  • Project Managers;
  • Commercial Managers,
  • Quantity Surveyors,
  • Credit Controllers and
  • Directors

WHAT WILL WE GET OUT OF IT? The Secrets To Getting Paid! Specialist Contractors don’t get paid because they don’t understand the contract or don’t apply it when they should. We will reveal all you need to know to enable you to understand the fundamentals of those subcontracts, and how to get paid.

WHAT DOES IT COST? You can book now for preferential discounts and rates – but be quick to ensure you receive your Early Booking Discount!

Book within the next few days and instead of paying £350, you can pay just £315.00 saving you 10% off the standard price.

Book two or more places and you can pay just £280 each saving you 20% off the standard price.

Special rates apply for our Buddies (members) – please ask Tanya for details.

All rates are subject to VAT

Booking couldn’t be simpler, just contact Tanya directly on 01773 712116 or tanya@streetwisesubbie.com to confirm your places and she will take care of the rest. She is brilliant!

But hurry our last round of seminars sold out very quickly.

Best regards

Barry

Streetwisesubbie.com

P.S. Please remember that we are here to provide solutions exclusively for Subcontractors. If you want access to professional solutions that work, then please give us a call on 01773 712116, or email info@streetwisesubbie.com today.

Getting Paid For Variations

This week’s ‘Wise Up Wednesday’ is about getting paid for variations.

The lack of proper valuation and non-payment of variations is one of the greatest challenges for Specialist Sub-Contractors and it is therefore important to have a clear understanding of the contractual framework governing the instruction, execution and valuation of variations.

At some stage the work is going to change, and these changes will need to be instructed, implemented, measured, valued and paid for.

And although it’s usually the last bit that causes us to get stressed, you can smooth the path to payment by getting all the other elements right.

WHAT IS A VARIATION?

Standard forms of contract and sub-contract tend to define the term ‘variation’ in a similar way.  However, you need to be aware that there are a considerable number of standard forms and many different ways of dealing with variations.

And most importantly Main Contractors own terms, and amendments to standard Forms, will almost always be onerous. So, please take care to ensure that you are familiar with and understand the provisions in each particular contract.

ESSENTIALS

At their most fundamental level, the are two essentials which you should observe when dealing with variation instructions.

  1. Check whether or not the person purporting to have authority to issue variation instructions actually has authority to do so, and
  2. Comply with the particular requirements of the contract in respect to instructions.

It is not uncommon for various parties to assume that they have authority to issue instructions when in fact they have no such authority. Check the terms of the contract and if it is not clear clarify the matter from the outset.

MAXIMISING RECOVERY FROM VARIATIONS

Variations are an opportunity for the Specialist Sub-Contractor to maximise his financial return from the project.

Please remember the old adage “if you don’t ask you don’t get” and in practice variations should be valued by the Specialist Sub-Contractor.

You need to submit details as soon as possible after the variation arises. This will avoid situations where the person commissioning the work has not been properly advised as to the increased value that has arisen because of the changes he has instigated and may have insufficient funds to pay for them.

PUTTING IT ALL TOGETHER – WANT TO KNOW MORE?

You need to know how to put all this together to make sure you get paid, and protect your company’s financial well being.

So, please come  and discover the Secret Keys To Minimise Risk and Maximise Profit (including those from variations), 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 fast access venues are as follows;

15 March – Oulton HallLeeds close to M1 and M62

22 March – The Nottingham BelfryNottingham close to M1 J26

29 March – The Village HotelCoventry close to M6 and M40

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.

Here’s what your fellow Subcontractors said about our last event;

“Easily digestible information delivered in an interesting and easy to understand format”

“Very detailed and informative”

“Very informative and well delivered”

“We were struggling to get paid; not any longer!”

THE HEADLINES

  • Session 1 – Contract Formation
  • Session 2 – Introduction to JCT Contracts and Construction Act
  • Session 3 – Time, Notices and Delay and Disruption
  • Session 4 – Instructions, Variations and Maximising Return
  • Session 5 – Getting Paid On Time and the Right Amount
  • Session 6 – Resolving Conflicts and Disputes
  • Session 7 – Putting It All Together

WHO SHOULD ATTEND? This is exclusively for Specialist Contractors and is designed specifically to provide a broad appeal for Specialist Contractors staff who work with contracts which includes;

  • Estimators,
  • Contracts Managers;
  • Project Managers;
  • Commercial Managers,
  • Quantity Surveyors,
  • Credit Controllers and
  • Directors

WHAT WILL WE GET OUT OF IT? The Secrets To Getting Paid! Specialist Contractors don’t get paid because they don’t understand the contract or don’t apply it when they should. We will reveal all you need to know to enable you to understand the fundamentals of those subcontracts, and how to get paid.

WHAT DOES IT COST? You can book now for preferential discounts and rates – but be quick to ensure you receive your Early Booking Discount!

Book within the next few days and instead of paying £350, you can pay just £315.00 saving you 10% off the standard price.

Book two or more places and you can pay just £280 each saving you 20% off the standard price.

Special rates apply for our Buddies (members) – please ask Tanya for details.

All rates are subject to VAT 

Booking couldn’t be simpler, just contact Tanya directly on 01773 712116 or tanya@streetwisesubbie.com to confirm your places and she will take care of the rest. She is brilliant!

But hurry our last round of seminars sold out very quickly. We look forward to seeing you there.