
“Delays and
entitlements – take the Yes/No test!”
Introduction
The “Streetwise
Subbie” must adopt a systematic approach from day one on every job, whereby
basic routines and records are made the standard norm.
In this section of
the web site, we set out a few basic check lists (taken from the “Jack Russell
column” in the Electrical Times, “The
Streetwise Subbie” book and/or from Jack Russell travelling seminars.
Click on the relevant hyperlink below to go your chosen check list
1.
Streetwise Steps for
Survival
2.
Basics of a Good Site
Supervisor’s Delay Notice
3.
Basics of a good
Contracts Manager’s Delay Letter
4.
“Safety first” steps
to tackle Problem Situations
6.
The Real World – a
reminder!
7.
Letters of Intent – Is
it safe to proceed?
9.
Check List of onerous
Clauses
11. Letter of Intent – check
list
12. Delays and entitlements – take the
Yes/No test!
Just one of these
check lists could save you from disaster. Why not download them (ie print them
out on your own printer) and use them to help keep your own company or site
“disaster proof”.
Good luck,
Jack Russell
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1.
Confirm Start and Completion Dates
(both overall and for individual sections). |
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2.
Record and confirm all Programme
Agreements and Revisions. |
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3.
Notify all Delays to Client/Builder
immediately they become apparent. |
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4.
Notify Client/Builder of Effect of
Delays to overall Completion Date. |
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5.
Apply for Extension of Time when necessary. |
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6.
Confirm all Instructions in writing. |
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7.
Submit Dayworks records for signature
at the time. |
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8.
Recognise “variation” and “Claims type” situations (eg additional
costs due to changes, “extras”, delays, return visits, “piecemeal working”
etc) as they become apparent and notify Client/Builder forthwith. |
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9.
Promptly apply for payment, with
detailed evaluations. |
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In
a nutshell - PUT IT IN WRITING AT THE TIME! |

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1.
DATE |
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2.
AREA/BLOCK/FLR LEVEL/ROOM |
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3.
PROGRAMME ACTIVITY AFFECTED |
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4.
CAUSE OF DELAY |
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5.
REQUIRED ACTION FROM CLIENT/BUILDER |
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6.
STATE DELAY/EFFECT ON PROGRAMME |
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7.
ESTIMATE POSSIBLE EFFECT ON COMPLETION |
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8.
REQUEST EXTENSION OF TIME IF NECESSARY |
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9.
STATE COST EFFECTS AND NOTIFY CLAIM IF NECESSARY |
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10.
GIVE BUDGET FORECAST IF POSS. |
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11.
UPDATE WEEKLY |
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12.
SHOW WILLINGNESS TO OVERCOME DELAY IF POSSIBLE (BUT NOT AT OWN COST!) |
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The prompt giving
of delay notices is vital to getting an
extension of time !
No delay notices = no
extension of time = damages and set off from the builder !
It is optimistic to expect that the manager
or site engineer will always have at his elbow the full sub-contract conditions etc. Therefore, it is more important to take prompt action than it is
to spend time creating a legalistic
document.
The requirements of most sub-contract
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. So give notice in
writing forthwith for each individual delaying or disrupting event as soon as
it becomes apparent. The basics of a
good notice are listed below:
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1.
State the area and
location of the problem (eg Level 1 Restaurant) |
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2.
State the exact circumstances causing the delay or disturbance (ie identify the precise "cause" of the problem). |
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3.
Identify
"Relevant event" in sub-contract conditions (eg architect's instructions, late
information, delay caused by the employer, lack of access and/or building
progress etc). |
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4.
Give the
expected effect on programme/progress (ie state which sub-contract activities
are affected and how). |
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5.
State what
action you require from other parties in order to avoid or reduce the effect
of the delay (eg remove scaffolding, pump out water, provide information
etc). |
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6.
If your overall
completion date is likely to be affected, give an estimate of the delay and
the revised completion date. |
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7.
Give notice of
any cost effects, with details if appropriate. |
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8.
Update the
notice as necessary, if the delay continues. |
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9.
Don't forget to
record when the delay has ceased, and the final effect. |
If early warning is given, it may be possible
to “nip the problem” in the bud. That will be better for everyone. Indeed, the subbie should always take a
proactive approach and be ready to suggest a way forward.
At the bottom line, you will protect yourself from possible set-off charges and
liquidated damages when the project over-runs.
Also, you would probably be entitled to prolongation costs (ie site
preliminaries, staff, cabins and plant,
overheads etc).
We have all seen how easy
it is for a job to “turn bad”, with crippling financial effects, when
beset with changes, delays and/or
disruptions.
The chances of avoidance or recovery depend largely on the following measures being taken by
Site Management in good time :
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1.
Recognise and identify all problems as they become apparent. |
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2.
Notify Client/Builder in writing forthwith. |
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3.
Be ready to propose and discuss solutions
in a proactive and constructive
manner ( but this does NOT mean
committing the Subcontractor to unreimbursed expenditure! ). |
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4.
Submit daily records of labour and plant involvement. |
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5.
Maintain and submit detailed weekly records of progress, delays and/or disruptions |
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If
these positive steps are taken in good time, then there is a fair chance that
problems can be “nipped in the bud”
by sensible discussion and action. If, on the other hand, the problem
situation continues, then the Subcontractor will at least be placed in a much
stronger position to recover his proper entitlements under the contract
conditions.


Most Major National
firms of Contractors have a sophisticated system of "Site Records".
However, the "system" only works if it is "fed", used and
monitored properly on a regular basis.
THE FOLLOWING IS A
CHECK LIST OF BASIC RECORDS:
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1.
The “honeymoon” period |
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2. |