I am a worried engineer. My job is about
two months behind programme, due to building delays. So I have started putting
in my delay notices to the builder, as you recommend. He got very angry, and accused
me of being “confrontational”. He rang
my boss and complained about my negative attitude. Following your advice has
now got me into big trouble. What have you to say?
I am afraid you have
left it a bit late. Virtually all
sub-contract conditions oblige you to
give written notice when the likelihood
of delay first becomes apparent. It is
only fair to all concerned that problems should be identified early on, so that
joint action can be discussed to overcome the problem.
Many clients/builders will react adversely. The subbie is accused of "getting
contractual". Indeed, it is not
unknown for people to become hysterical.
I have heard of office doors
being kicked in, and could name subbies
who were threatened with physical violence!
Perhaps this tells us a lot about the construction industry and some of
the gentlemen who work in it.
However, we must remember that these are the same people who will
happily deduct "set-off" from monies due, pointing to the absence of
proper notice as justification. It is
therefore up to the subbie to "educate" the client/builder at an
early stage, so that he accepts the need for notices and records. The following are some of the possible
approaches:
1. Our company believes that we have an important duty to keep you
informed as problems arise, so that we can tackle them together as a team,
and avoid end of job disputes.
2. We are only doing what your sub-conditions insist on, and we could
be in "breach" if we did not.
3.
These notices are part of our QA procedure to
ensure that we comply with the sub-contract conditions.
The time to start educating your builder is at the very first
pre-contract meeting, whilst the “honeymoon” period is still in force. What is not fair is leaving it to your site
supervisor to take the flak. I have heard of one poor chap who was pursued
across the compound and had to lock himself in the cabin. So, prepare the ground early to avoid angry
reactions.
File 98et – 10/5/00 for June 2000 “Jack Russell”
John
Russell
Contracts
and Training Consultant
Cheshire CW4 7DP
Tel:
07770 986444
Email: swsubbie@globalnet.co.uk
Back to Jack Russell
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