WHAT MAKES A GOOD NOTICE?
It is quite amazing just how "bad" an
apparently "good" letter or notice can actually be. What seems like a
clear and meaningful communication at the time when the daily events are in the
forefront of everyone's minds can in fact prove almost useless when trying to
prove your case for delay at the end of an over-run job. A typical
example:
"We
confirm our site discussions of
yesterday, when we notified you that we are unable to commence our
installations on level 2, due to lack of readiness by other trades. This may
well affect our programme, and will certainly cause disruption for which we
reserve the right to seek costs if necessary".
Looks pretty good, eh? Certainly. But imagine having to rely on
this notice a year later, as one of the reasons why you finished late. The questions which then arise would be:
Discussions
with whom? What other trades
exactly? What is 'not ready'? Which programme activity is affected? What is the actual effect? What is the disruption? "Reserve rights" is a useless term
- is the Subbie registering a claim or not?
In fact, it is not necessary to be a "man
of letters" or even a "contractual smart arse" in order to write
a good letter. Some of the things to
bear in mind are:
·
Each letter should be "self
contained" and therefore "make sense" to some stranger in two
years time, without a lot of expensive detective work".
·
Each letter should confine itself to the
simple facts, without any expressions of
emotion, or references to irrelevant side issues.
·
It is a good idea to put the
"subject heading" at the top of every letter, thereby saving hours of "ransacking files" both
during the job and thereafter.
· Each letter should be given a unique reference number - a simple device which can save time and frustration for all parties involved.
·
The letter should be written at the time
when the problem in question is "hot".
As regards contractual "notices" of
delay and/or disturbance, it is optimistic to expect that the Site Engineer
and/or Supervisor will always have at his elbow the full set of sub-contract
and main contract conditions detailing clause numbers and notice requirements,
time limitations etc. Therefore, it is
more important to "Bang it in, Bill" than it is to create some superb
legalistic document.
In fact, the requirements of most Conditions
are very similar. It boils down to this - the guy with the purse strings is
entitled to know immediately there is a "problem", because nobody
likes "nasty surprises" after the budget is spent. Furthermore, he is entitled to be told the
exact nature of the problem, how it came about, the immediate effect on
programme and progress, the likely
effect on overall completion and any cost implications. Several text books express it on these
lines:
§
Notice in writing forthwith for each
individual delaying or disrupting event as soon as it becomes apparent.
§
Emphasise that the memo or letter is a
"notice".
§
Give material circumstances including
causes of delay or disturbance.
§
Identify "Relevant event" in
conditions.
§
Give expected effect on
programme/progress (ie specify the affected activity and how so).
§
Give estimate of length of delay to
completion of overall sub-contract works.
§
Give details of any cost effects.
·
Update as necessary.
If you can do this, without being "bolshy" or emotive, the Client and/or Builder will have a chance of
doing something about it at the time.
That is in everybody's interests.
Keynote:
Make sure each letter and
notice will stand on its own merits
to protect you now and in
the future.
John
Russell
Contracts
and Training Consultant
Cheshire CW4 7DP
Tel: 07770 986444
Email:
swsubbie@globalnet.co.uk
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Russell Column Contents