THEORY INTO PRACTICE - WORKSHOP
MANAGING A CONSTRUCTION SUBCONTRACT
The FRESH JCT Theory into Practice – Workshop for Subcontractors Managing a Construction Subcontract
The FRESH JCT Managing a Construction Subcontract Theory into Practice is designed to give you the peace of mind to enter into construction contracts confident in the knowledge that you have minimised the contractual risk and protected your business.
Our “Theory into Practice” was originally designed to be 4 off stand-alone modules to enable sub-contractors to self-manage the contractual aspects of a construction contract, and section 1 details the costs for each of the modules.
However, many of our existing clients asked us if we could carry out training of their project managers and surveyors and as a result the 2-day workshop was developed
The workshop is not an in depth look at the legalities of the various form of contract and once having carried out a brief overview some of the frequently asked contractual questions focuses on the practical aspects of contractually managing a construction contract focusing on the key tasks and milestones of managing the contract, the appropriate letters and when and why they are issued. As you will see the workshop covers “cradle to grave” or more appropriately quotation to end of warranty and collecting the last and often forgotten retention element. In addition to “managing the contract” the workshop also covers payment for material off site, managing subcontractors and cash collection.
Designed not to focus on one particular form of construction contract the Theory into Practice Modules and workshop will enable you and your employees to professionally manage any form of construction contract whether JCT, NEC or Main Contractors Bespoke Terms and significantly mitigate and reduce the risks the onerous and unfavourable terms in these contracts pose to your business.
The FRESH JCT Theory into Practice—Managing a Construction Subcontract suite of documents will ensure your staff, procedures and correspondence not only protect you from the risks but maximise the benefits of working under Construction Contracts and documents.
Having evaluated the risks of the Construction Subcontract, negotiated and agreed favourable terms with your client it is imperative that this is not lost or compromised by your staff, procedures and systems when project managing the contract.
For example, having negotiated within the Construction Subcontract a provision for an extension of time you do not want to undermine that by a failure to submit in the correct format and a timely manner the appropriate “Notice of Delay”.
The FRESH JCT Theory into Practice Managing a Construction Subcontract will ensure your staff, procedures and correspondence not only protect you from the risks but maximise the benefits of working under a Construction Subcontract.
WHAT’S INCLUDED
The workshop will cover the following topics
BESPOKE TERMS & CONDITIONS
Review your bespoke terms and conditions with particular emphasis on
- Services & Attendances to be provided by both parties.
- Payment
- Variations
- Terms of Agreement
- Termination
- Severability
- Dispute Resolution
- Force Majeure
- Retention
- Retention of Title
- Site readiness
- Storage
- Site attendances & work required by others.
- Limit of Liability (including LAD’s & contra charges)
- Guarantee / Warranty
- Programme
- Notice to Commence
- Day works
PASSING LIABILITY TO YOUR SUPPLIERS / SUBCONTRACTORS
The Consequence of Suppliers and Subcontractors Non-performance for your Business.
Review your Supplier / Subcontractor Terms of Purchase
WORKSHOP WITH LIVE EXAMPLES FROM YOUR BUSINESS
PRACTICAL – QUESTION & ANSWER SESSION
MANAGING A CONSTRUCTION SUBCONTRACT
- Quotations
- Acknowledgement of E-mail / Letter of Intent.
- Full Order / Subcontract acknowledgement.
- Letter submitting design drawing / technical specification for approval.
- Letter of confirmation of entering manufacture.
- Letter of confirmation of variation to contract.
- Letter following site survey confirming outstanding site items by others required before delivery.
- Letter confirming snags / outstanding items to be completed by others.
- Letter of confirmation of completion of sub-contract works.
- Letter covering submission of manuals & documents.
- Notice of Delay letters.
- Extension of time letters.
- Letter of confirmation of retention release.
- Contract Value Status Spreadsheet.
PAYMENT FOR MATERIALS OFF SITE – UNDERSTANDING VESTING
- Improving your Cash Flow with Payment for Materials Off-site.
- The Correct use of Vesting Documents.
- Giving Vesting Certificate for Payment of Material Off Site.
- Receiving Vesting Certificate for Payment of Material Off Site.
3 STAGE CASH COLLECTION & OVERDUE PAYMENTS
Review the various stages of cash collection and the documentation to issue in regard to overdue payments.
The 3 stages of cash chasing / overdue payment letters including final notice of intention to commence proceeding in accordance with the Construction Protocol.