- 164 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
The Streetwise Subbie
About This Book
Very few books explore the problems which are particular to the relationship between Specialist Contractors and the Main Contractor, or Clients with whom they are in contract. Fewer still provide solutions in such a down to earth no-nonsense way as The Streetwise Subbie does.
The Streetwise Subbie is a highly regarded practical guide to contractual matters. Its original author Jack Russell was well known for his 'contractual terrier' column in Electrical Times. Now, Barry Ashmore has updated and revised this work by drawing on his 46 years of construction experience and professional expertise gained at the sharp end resolving disputes and solving contractual problems for Specialist Contractors.
Thousands of subbies have already benefited from the insights and the streetwise approach to avoiding or resolving contractual problems, and the clarity of thought and advice the book provides. The fourth edition features all the old favourites such as payment, delay and disruption, extension of time and the all-important checklists and site records. But it has now been brought bang up to date to reflect the importance of the 2011 revisions to the Construction Act and the emergence of adjudication as the pre-eminent means of dispute resolution.
It is an easy to read, practical, and essential guide, aimed at Specialist Contractors of all sizes and specialisations, be they sole traders, company directors, or any member of the subbie's team that has to handle the commercial and contractual aspects of the projects they undertake.
It's the kind of book that you keep handy, because it has so many answers that you can refer to it over and over again.
Frequently asked questions
Information
Section 1
The order
Worth the risk?
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Ensure you know exactly who it is that you will be entering into contract with.
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Check their financial credentials.
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Identify the risks and responsibilities at tender stage.
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If the risks are unacceptable, consider withdrawing.
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Price for the risks.
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Qualify or reduce risk by negotiation.
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Ensure the contract incorporates what you have agreed.
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Manage the risks.
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Terms that nullify the benefits of the Construction Act
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Onerous amendments to Standard Form contracts
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Use of in-house forms of contract
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Excessive liquidated damages or unlimited damages
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Extended payment periods
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Non-payment for unfixed materials
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Conditions precedent for payment
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Excessive discount
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Extended retention periods
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Onerous set-off arrangements
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Onerous performance bonds and warranties
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Enforced acceleration without payment
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Lack of firm programme dates and periods
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Suicide terms such as âto suit main contractorâs progressâ
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Excessive design or coordination responsibilities
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Unworkable protection obligations
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Responsibility for checking previous works of other trades
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Use a RAID log to record all the risks from the outset (see Section 9 âWhat is normalâ).
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Give the site management a thorough âteamâ briefing or âworkshopâ as to the contents of the documents.
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Use the tender risk appraisal to instill awareness of the risks.
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Identifying these risks immediately they appear on the horizon.
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Use a system of site records and notices which seek to minimise and âmanageâ the risks.
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Allocate sufficient and appropriate staff resources.
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Use a procedure for regular monitoring.
Beware letters of intent
- Instruction to proceed and/or expend money on specific functions (e.g. âCommence working drawings and procurement of quotations for specialist itemsâ)
- Terms of payment for all works and/or services provided, including profit, as the work progresses and irrespective of whether or not the subcontract proceeds or formal contracts are entered into
- Confirmation of price, and either no restriction or an appropriate restriction of the amount you will be able to recover
- Clearly defined scope of works
- Confirmation of programme, start date and periods
- Confirmation of agreed terms and conditions â see âWorth the risk?â
- Indication of when formal order or documents will be forthcoming
- No onerous conditions
Table of contents
- Cover
- Half Title
- Title Page
- Copyright Page
- Table of Contents
- Preface
- Author
- 1 The order
- Worth the risk?
- Beware letters of intent
- Collateral warranties
- Make sure you check that order
- 2 Programme and progress
- Beware âstarting the clockâ
- A programme checklist
- Donât be shy â get noticed!
- Some key thoughts on notices
- Why work for free?
- Site records and survival
- Records and codes
- Site records checklist
- What makes a good delay notice?
- Get the picture?
- Just a minute
- The twilight zone
- Keep an eye on the Main Contract programme!
- 3 Personal factors
- Get your site team on board from day one
- Adverse reactions
- Little tin gods
- 4 Acceleration
- Best endeavours or acceleration?
- Acceleration â the true costs
- The alligator problem
- 5 Cash flow and variations
- Cash flow â everybodyâs problem
- Payment problems
- Donât get angry â get paid!
- Valuation of variations â change of character/conditions
- Variations â the true costs of engineering and supervision involvement
- Are your systems user-friendly?
- 6 Claims
- Claims and confrontation
- Damages and extension of time
- Claim for delay costs
- Head office headaches
- Disruption claims
- Key points of the âDelay and Disruption Protocolâ â ignore it at your peril!
- Loss and expense â some questions answered
- Set-off and contras
- 7 The Construction Act
- Introduction to the Construction Act
- Payment under the Construction Act
- Adjudication under the Act
- Tricks and dodges of the Construction Act
- The Construction Act â some questions and answers
- 8 The JCT and NEC subcontracts
- JCT 2016 â whatâs changed?
- The standard JCT building subcontracts SBCSub/C, SBCSub/D/C and DBSub/C
- Have you met the NEC subcontract?
- NEC problems and pitfalls
- 9 Useful tips for the âreal worldâ
- Brave new world or con trick?
- The real world â set your stall out from day one!
- What is normal?
- Provisional sums
- Dirty negotiating tricks and what you can do about them
- Get it in the budget
- Stand by your man
- Business âpartnershipsâ are not love affairs!
- Conclusion
- Appendices
- Appendix 1
- Appendix 2
- Appendix 3
- Appendix 4
- Appendix 5
- Appendix 6
- Index