Wise Up Wednesday: Onerous Terms Could Finish You!
Your Wise Up Wednesday today is a warning about signing up to unclear and onerous contract terms.
Poor And Onerous Drafting
Please don’t assume that all contracts are the same. They aren’t.
Please don’t assume that all Contractors or Clients placing orders with you know how to put contracts together. They don’t.
Please don’t assume that all solicitors know about construction contracts. They don’t.
Please don’t assume you have to accept what’s being offered. You don’t.
Incompetent Malevolent Apathy
I coined the phrase “Malevolent Apathy” a while ago to describe the way in which some Contractors think about their Subcontractors.
Either they are malevolent towards you, meaning they are deliberately out to screw you!
Or they are apathetic, meaning they don’t care and aren’t interested.
Yesterday in a training session for one of our Gold Buddies we decided it should be “Incompetent Malevolent Apathy” in order to reflect the growing incompetence of some Contractors.
Either way these firms are not great people to work for. And this attitude isn’t confined to Contractors, because some of the very biggest Subcontractors are just as bad.
Judges are unwilling to give much weight to arguments based on what you might think is commercial common sense. If there is a detailed contract,incorporating onerous terms or onerous amendments then you are stuck with it.
The onerous drafting will come out to haunt you at some point.
So you need to use your common sense to protect your business.
Making Sure You Don’t Fall Into The Trap
Please don’t rush headlong into the contract without stopping to think of the consequences of accepting onerous contract terms.
We are regularly vetting contracts for Specialist Contractors in all trades and all sizes of businesses, and contrary to popular belief Contractors and Clients will change their terms and conditions.
So please don’t simply accept what’s put in front of you, it could just cost you your business!
Want To Know More?
Contractual/JCT Training For Specialist Contractors
“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;
16 October – Village Hotel Hull Close to M62 and M180
17 October – Village Hotel Leeds South Close to M62 and M1
30 October – Village Hotel Liverpool Close to M62 and M57
31 October – Village Hotel Manchester Bury Close to M56 and M62
13 November – Village Hotel Newcastle Close to A! and A19
14 November – Village Hotel Leeds North Close to A1 and M62
Don’t see a date/location that suits? Contact us for future dates.
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!”
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?
Our events are exclusively for Specialist Contractors so you are in the friendly company of other Specialist Contractors, and everything is designed to provide a broad appeal for all Specialist Contractors staff including;
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 and Minimising Risk and Maximising Profit!
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 value of this whole days training is £350 + VAT, however, you can get your Early Bird booking discount and enjoy the reduced rates as follows;
- 10% discount when you book one place
- 20 % discount when you book 2 or more places
- And if you are a member and StreetwiseSubbie Buddy (or join us now), you are eligible for even more heavily discounted preferential rates.
All rates are subject to VAT
Booking couldn’t be simpler, just contact Jo or Tanya directly on 01773 712116 or email firstname.lastname@example.org to confirm your places.
But hurry our last round of seminars sold out very quickly.
I hope you enjoyed my Wise Up Wednesday email and that it gave you some food for thought, and I sincerely hope to speak with you soon.
P.S. Please remember if you want to protect your business from onerous terms, or have a problem, take action sooner rather than later. If you’re not sure what to do or just want a second opinion, please give us a call on 01773 712116, or email email@example.com
Find out more about StreetwiseSubbie’s Wise up Wednesday here.