Commercial & Contractual
Success in the construction and engineering industries requires an understanding and appreciation of all things commercial and contractual.
For starters, many parties are involved: Employers (those who “buy” the construction works), the Contractors (ordinarily those in charge of the works who contract directly with the Employer), the Specialist Contractors (those to whom certain parts of the works will be subcontracted), the professional Consultants (the Architects, Quantity Surveyors and other Consultants such as Structural, Mechanical , Electrical etc.), the manufacturers and suppliers (the source of materials and equipment).
And irrespective of the type of building, or processing or manufacturing plant to be delivered, there are a wide range of areas to be covered including: design, engineering, management, construction, financial control, warranties and guarantees.
Setting out where you are and what you have to do in this complex chain is absolutely essential so there can be no confusion throughout the process and there are clear routes to resolving any potential conflict.
Your Streetwisesubbie Tribe membership gives you access to a wealth of detailed information that will help you to come to terms with all of the commercial and contractual issues with which you will be faced. And, if you need our further help and assistance, you can easily access our Consultants with or without upgrading your membership.
But, if you do want to upgrade it’s quick and easy, and as a Silver, Gold or Platinum Buddy you benefit from discounted rates, and as a Gold or Platinum Buddy your first hour each month is free!
So, if you need help with any commercial or contractual issue please call us on 01773 712116. You will NOT be charged for your intial call to us, or unless and until you decide to appoint one of our expert Construction Consultants.
The resolution of any dispute starts with establishing the terms of the contract. Here is our essential guide to how contracts come to be formed.
Terms and Conditions
Here are 7 key things that you need to check in the terms and conditions before you enter into the contract or indeed do any work!
Suppliers and Subcontractors
You must make sure all the relevant terms of your contract with the Main Contractor are passed on to your sub subcontractor or suppliers!
Bonds and Guarantees
There are a number of things that you need to consider before you provide any kind of bond or guarantee. Things aren't always what they seem!
As a Specialist Contractor, Trade Contractor or Subcontractor, you will be liable for any design you do if it subsequently proves to be faulty.
Programme and Completion
Programme and completion are probably two of the biggest issues that cause disputes in the construction and engineering industries.
You need to be ready to capitalise on the opportunity that variations present to improve the margin that you can make from the project.
Extension of Time
If you're prevented from doing your works when you should be doing them, you must ensure notices are issued in order to be entitled to extension of time.
Loss and/or Expense Claims
Make sure you know how to recover your contractual entitlement to be properly reimbursed if things don’t go according to plan.
Finishing late is a breach of contract that is going to make you potentially liable for liquidated damages. Here's an essential guide to why!
Guide to Collateral Warranties
Warranties often place greater or conflicting obligations upon the Subcontractor than those in the subcontract!
The Construction Act
The application of the Construction Act often raises questions and problems. Here are a few of the more common queries and the suggested answers.
Guide To Indemnities
Indemnities can causes a good deal of confusion, and can be very harmful to Specialist Contractors!
Parent Company Guarantees
Please read and consider this before you provide any form of Parent Company Guarantee.