Streetwise Subbie's September 2018 'Wise up Wednesday' Every StreetwiseSubbie 'Wise up Wednesday' email from this month
Author: Barry Ashmore
Read My Book For Free! Wise Up Wednesday is here to help you the Specialist Subcontractor. And this week I’m giving you the opportunity to read my book for free! That’s right you can read ‘The Streetwise Subbie’ 4th Edition published by Routledge (Taylor and Francis Group) ISBN : 978-1-138-30016-3 (Paperback), for free! If you want to go straight there: Mouse Here About The Streetwise Subbie 4th Edition Originally published in 1996 “The Streetwise Subbie” has earned a positive reputation for being a down-to-earth guide to survival in the contracts jungle and essential reading for Specialist and Trade Contractors, of every size and specialisation. Its originator Jack Russell was well known for his ‘contractual terrier’ column in Electrical Times and thousands of subbies have already bene ted from the Streetwise Subbie approach to avoiding contractual disasters with the clarity of thought and advice the book provides. I am very proud of the fact that I was commissioned to bring it bang up to date and it now covers the revisions to the Construction Act and the developments in adjudication. The book draws on not one but two lifetimes in the industry. Firstly, that of its original author, and now I have added my 20 years’ experience as a Specialist Contractor, and then 28 years in professional practice as an established Contractual Consultant advising Specialist and Trade Contractors.
Read My Book For Free!
Read My Book For Free! It is a book which I am sure will be of enormous bene t to you and your team and the publishers Routledge Taylor and Francis, have teamed up with ReadCube to read the full book online and there are no restrictions on how many people you can send the link to, so please take this unique opportunity to share widely with your team and anyone else who you think will bene t. The link will expire 30 days from today, and whilst everyone will be able to explore the full book online, printing, copying, or downloading will not be available. You can nd the link on our web site: Mouse Here More Good News! The publishers are also o ering you a 25% discount on purchases before December 2018. The publisher’s discount code is also available on our web site. To claim your 25% discount: Mouse Here All that we ask in return is that you spare 5 minutes to share your views about the book by please; osting a brief review on Amazon at; Review p sending us a copy of your review of the book My sincere thanks in advance for your support in sharing the expertise and solutions that will assist you and your team and help build a better industry for all Specialist Contractors. Published: 05.09.18
Read My Book For Free!
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 o ered. 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 re ect the growing incompetence of some Contractors. Either way these rms are not great people to work for. And this attitude isn’t con ned to Contractors, because some of the very biggest Subcontractors are just as bad.
Onerous Terms Could Finish You!
Onerous Terms Could Finish You! Common Sense 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! Published: 12.09.18
Onerous Terms Could Finish You!
Hugely worrying! In the last few days Liberal Democrats leader Sir Vince Cable has described this year’s Construction News CN100 ndings as “hugely worrying”. Sir Vince was responding to the release of Construction News’ 2018 list of the top 100 UK construction rms ranked in order of turnover. The data revealed average pre-tax margins across the 10 largest UK contractors had fallen to -0.9 per cent, down from -0.5 per cent in last year’s analysis. Total debt at the 10 biggest companies also increased by 24 per cent to £3.92bn compared with the rm’s previous nancial years. “Construction is the bellwether of the economy, so the huge debt burden and non-existent margins are hugely worrying, particularly if interest rates increase further,” Sir Vince said. “They are signals of the economic uncertainty caused by chaotic Brexit negotiations.” Longer Term Problems The Lib Dem leader said he feared the CN100 data pointed towards longer term problems within the sector. “This also suggests a lasting recession in the construction industry, just as we need the sector to be doing well to boost the overall economy,” he said.
Hugely worrying!
Hugely worrying! And Chair of the Business, Energy and Industrial Strategy committee Rachel Reeves MP, who was responsible for co-chairing the Carillion inquiry, was also concerned by the CN100’s ndings, saying; “These latest ndings do raise wider concerns about the health of the construction industry. With Brexit posing a major challenge for the construction sector, she said. Ms Reeves also called on the government to do more to help the industry’s supply chain and smaller rms. “If the government is serious about helping the construction industry, and particularly SMEs, it needs to revisit measures such as the Prompt Payment Code, which has proved wholly ine ective and in need of reform and do more to protect small and medium sized suppliers as part of the procurement process.” And Pigs Might Fly Here at Streetwisesubbie we have long since given up on the government doing anything remotely useful or e ective to support small and medium sized suppliers and Specialist Contractors. If you are wondering why that is just Google “Streetwisesubbie Fair Treatment” to see how much campaigning we have done in the past. And be sure to check on our web site about how many times we have tried to galvanise support from trade associations and the like. With the odd exception no-one wants to listen to the inconvenient truth that the Construction Industry goes from bad to worse! Published: 19.09.18
Hugely worrying!
How To Beat That Aggressive QS! The Contractor’s Aggressive QS Construction Enquirer recently reported that there is now a superaggressive quantity surveyor employed by Contractors for the speci c purpose of saving them money no matter what. Back in the day quantity surveyors made sure that the works were valued both fairly and objectively. Most QS’s back then would be RICS quali ed, and being a QS was a very respected profession. Now, an awful lot are not RICS quali ed, and ignore the rules about integrity, honesty and objectivity. Nowadays, the role of a Contactor’s QS is often to get away with paying as little as possible, as late as possible and to look for any reason whatsoever to set o or counterclaim whether that claim is valid or not. Over the years, here at Streetwisesubbie and in my work at Ashmore Consulting, we have seen far too many spurious and made up claims, and some have sadly resulted in the insolvency of the sub-contractor. So please, don’t be a guaranteed meal ticket and bonus for the Main Contractor’s aggressive QS. What Can You Do About It? Firstly, recognise that it’s happening. This might sound over simplistic, but you would be surprised how many subcontractors fall for the QS’s “I’m smarter than you” BS… Secondly, take a deep breath and stand back from all the noise and hassle and take a few minutes to consider the best course of action and the following thoughts about what to do;
How To Beat That Aggressive QS!
How To Beat That Aggressive QS! 1. Don’t get angry, frustrated or any other emotional response. Stay calm. 2. Don’t rush or jump or buckle at the rst gure or argument put forward. 3. Don’t fall for the “it’s this or we won’t pay another penny” routine. 4. Don’t agree to anything you don’t understand and if you need to, don’t be shy about taking time out to get advice. 5. Make sure you follow the procedures set out in the contract – and make sure your view of the valuation is realistic and properly evidenced. 6. If your account is being undervalued escalate the problem to a higher level in the Contractor’s organisation 7. Don’t waste time trying to persuade someone who doesn’t want to understand 8. Recognise when it’s time to change your approach – don’t just wait for things to change on their own – they won’t Published: 26.09.18
How To Beat That Aggressive QS!
Contractual Awareness / JCT Contracts Want To Know More? “Understand Your Contract to Minimise Risk and Maximise Pro t” “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!”
Contractual Awareness / JCT Contracts
Contractual Awareness / JCT Contracts THE HEADLINES 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 Con icts 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 sta 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 Pro t!
Contractual Awareness / JCT Contracts
Contractual Awareness / JCT Contracts 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; 0% discount when you book one place 1 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 info@streetwisesubbie.com to con rm your places. But hurry our last round of seminars sold out very quickly. I hope you enjoyed my monthly compilation of Wise Up Wednesday emailse and that it gave you some food for thought. I hope to see you at one of our events soon.
Contractual Awareness / JCT Contracts
Win Work, Get Paid, Make Money!
StreetwiseSubbie Exclusively for Specialist Sub Contractors in the Construction and Engineering industries. Please remember that we are here to provide solutions exclusively for Subcontractors. Â If you want access to professional solutions that work, then please give us a call on 01773 712116, or email StreetwiseSubbie.com today. StreetwiseSubbie.com Limited Shanakiel, 17 Ilkeston Road, Heanor Derbyshire DE75 7DR Tel: 01773 712116Â Email: info@streetwisesubbie.com Learn more
Win Work, Get Paid, Make Money!