We act for Subcontractors and Specialists accross the construction and engineering sectors. Many of our Clients are SMEs for whom cash flow is imperative. Getting paid properly and promptly. We are able to assist with Subcontractors commercial management, procedures and effective use of legislation to improve the payment process.
For a small investment (usually a few hundred pounds) we will review any proposed contract terms prior to commencement. This entails writing to the Main Contractor (or equivalent) and seeking to negotiate and amend terms which are less onerous. In tandem, we prepatre a simple user guide which helps the manager comply with timescales for notices and other obligations, and we can provide template letters to assist the process. There is always a risk in contracting, however if you do not dilute or improve the terms in advance, you do not get the opportunity later. Who is responsible for design? What happens when I am delayed? What are the damages? Do I need insurances? Etc.
Claims usually relate to time and money. The key elements in a successful claim are records and clarity in the submission. Fortis regularly prepares claims for prolongation, disruption and acceleration for our Clients. The necessity is two fold - to protect you from the "LAD bashing" at Final Account and to recover your additional costs you may have expended by reason of delays and other factors caused by others. Record keeping is critical. If your works are delayed or likely to be, please call, and we can advise you what records to maintain and any essential letters to submit.
It is often the responsibility of the Subcontractor to prepare the programme. Do not ignore this requirement or fail to comply. A logical programme of your activites agreed at the outset provides a baseline against which you can identify and monitor delay. Without it - you are stuffed! It can also assist in the day to day management of your work and may serve you well if your works are delayed and a claim arises. Where a programme is provided by the Contractor, ensure you resource appropriately. Do not take on unrealistic timescales. Monitor and report on progress and delays if any occur. We have a professional Planning Department and they can help in preparing, monitoring and updating programmes for progress reporting, as well as providing impacted as-built analyses to substantiate any time entitlement. The earlier you engage in the process, the more successful the outcome is likely to be for your business.