Design and Build Contracts
1 Who are you actually contracting with? Okay, I understand that this is a simple concept, but what do you know about the company you're signing an agreement with? And, most importantly, will they be able to pay you in the event of a need? There are always other things to consider when deciding whether or to sign the contract. The most important of these is likely to be your work load at the moment. It's obviously more efficient to make a decision during times of abundance. The willingness to place orders with you just one aspect of what you need to look for when you are in a relationship with a client. A customer who is likely to be insolvent or who is unable or unwilling to pay, is more damaging than having no customer even if they are a customer who is slow to pay, or makes excessive reductions, or makes a decision to set off money in a way that is unfair, could prove to be your biggest nightmare! It is not enough to rely on the size that appears to be the client. Many large corporations do not are able to pay their debts on time, and some national contractors are among the worst creditors of all. If you've worked for an organization before, you'll have a decent idea of whether or not they pay promptly and are quick take deductions or increase the amount of set-offs. Visit:- But don't think that just because that the Manchester branch is a part of XYZ National Contractor is reliable payer that the same applies for the Bristol office. Much will depend on the specific circumstances of that business and in each branch. If things go as planned, it could be based on the relationships you have with people within an organization, rather than the culture of the company itself. At a minimum, bank and trade references must be checked. But, I would suggest conducting as thorough an inquiry as you can from other Specialist Subcontractors who have been employed by this company. Find out about the culture of the company and whether or not they have been helpful or not to sub-contractors with respect of payments. Find out about the people who are involved, and who you can and should not trust. Find out whether it is easy to reach an agreement on interim applications or variations, and whether or not they have a tendency to make cuts or set-offs. The most important thing is to inquire if they are paid in time. Do not be afraid to make these inquiries or be concerned that you might cause offense to customers you may be able to reach. If you run a well-run, objective organizations, nothing could be more than the truth, and trustworthy companies will be able to respect your professional conduct. 2. Scope of the Works It may seem obvious, but you'd be amazed by the number of disputes I've solved in the case of Specialist Sub-Contractors where the Sub-Contractor and the Contractor differed on the scope of work that were specified within the agreement. I understand that it's an obligation, but you ignore this to your own risk. Make sure that what you believed was agreed upon during the negotiation and tender during the pre-contract period has was properly integrated into the contract. Make sure that the Client or Contractor hasn't inserted references to specifications or documents you haven't read, and beware of words like "necessarily inferred from". I've seen this clearly employed by a Contractor to intentionally add work to the scope of my client that my client was not price. In a conference where I presented this scenario, one of the participants told him about his child who was preparing to become a QS for one of the largest Contractors. The son of the father had informed him that he had been taught on how to utilize this exact method! If you are unsure, go back to the Client or Contractor and ensure that the document is in accordance with the terms of agreement. It is essential to communicate by writing the contractor exactly what you've priced to complete before beginning construction on the site, or begin any other work that might be considered to be acceptance. Do not sign any documents until you're sure that they are only referring specifically to work that you've priced. 3 time/program Time can be a difficult timer to master! Check first if you are going to have a single start and end date or if you will need to finish the task in segments. If the work has to be done in sections, you must be cautious. Be sure that the date of commencement and any notice to begin period you have agreed to is the one you've set and be cautious of huge "windows" to begin the work. I have seen clients requested to sign three months of time to begin the work on only a week's notice! Be sure that the timeframe to complete the work is clearly defined and confirms the terms of agreement. Don't agree to "work according to the contractor's program" or "as as per the requirements of our website" and any similar type of language that contractors could alter the meaning and then use against you!

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