Streetwise Answers

We have undertaken a £1.9M M&E COntract for a main builder and at Final account stage (after releiving the majority of the project team of their positions) the Main Contractor's Commercial Director has set about the Draft Final Account with a vengeance and is citing the Client and the M&E consultant as the reasons for the 'reductions'. 

The work was a design and build contract with a performance specification. 

It has dragged on for months and I would like to escalate the process but am not sure which way is best to proceed. 

To make matters works, we offered an additional 2.5% discount for 30days payment and he has not once paid on 30days - Am I within my rights to remove this 'discount' on my draft final account. 

(Regrettably I was not involved at the outset or during this project, just picking up the pieces!) - Any advice would be appreciated.

Joe Makepeace

M&E Contractor

Hi Streetwise

We are working for a Contractor who has deducted monies for cleaning up amounting to over £8k no clean up notices were issued nor any proof of the works having been carried out are they allowed to do this? 

We have had the monies taken from our valuations before they are paid.

What advice can you give us?

Clive May

C May Brickwork Ltd

Streetwise

We have recieved a collateral warranty for one of our projects using the JCT 2005 Sub-contractor collateral warranty document. We are fine with all of the terms with regards to workmanship, however we used an external designer for the works.

We are being asked to sign for the design competancy, are we able to list the designer within the agreement, or do we need to raise our own internal collateral warranty against the designer? 

You assistance would be much appreciated.

Richard Orry WBS Nottingham

Hi Streetwise

We bought some profiled metal roofing sheets from Phoenix Fabrications for a job carried out some time ago. Interserve have paid us, we have paid Phoenix however phoenix went into administration last week not having paid their coil supplier, Coilcolor.

We are trying to get the product guarantee from Coilcolor however they are saying that they do not issue guarantees until they have received payment, which now looks unlikely. Where does this leave us, Interserve and the Client? Is there any consumer legislation that we can rely on or are Coilcolor within their rights to refuse?

Eddie Ford Rooksby Roofing

Hi Streetwise

We employ approximately 50 staff and our existing offices are effectively based in three adjacent old converted houses. 

We are reviewing our fire assessment, evacuation and emergency procedures and want to ensure we  incorporate appropriate procedures for Disabled people. 

We don't currently have any disabled staff or generally have disabled visitors and have not made any building changes to accomodate disable visitors.  Can you advice what we reasonably need to do to satisfy our legal obligations, given there has been no practical issue to date in this regard?

Martin Hartley
Argus Fire

Hi Streetwise,

Can you recommend a good source of information on negotiating?

Derek Turnbull

Ceramic Tiling Contractors Lewisham

Streetwise can you help?

We have just received a letter from a Contractor telling us that he intends to deduct £65,000 from our account because we have delayed the job.

This is the first time we have heard of any problem!

What should we do?

Peter Hall

Joiners Solihull

Streetwise

We have been instructed by a Contractor to carry out additional work but his instruction says "This Instruction Does Not Necessarily Constitute A Variation To Your Contract or Entitle you To Payment". We are concerned we aren't going to get paid. Do we have to carry out the additional works?

Jeff Stone - Specialist Roofing Contractors Birmingham

Hello Streetwise,

We are electrical contractors working mostly on large commercial schemes, but we have recently become involved in a housing development which has "penalties" for not completing on time. We have heard of "liquidated damages". Are there ay differences?

John Antrebus,

Electrical Contractors Leeds.