This course is set at a basic level, is very practical and is based
on “The Streetwise Subbie”, emphasising commercial awareness, record
keeping, site diaries, giving of delay notices, reasons why needed, protection
from commercial disaster etc
– for Site Supervisors, Foremen and Charge hands.
CONTENTS :
· INTRODUCTION - WHY WORK FOR FREE?
· THE VITAL ROLE OF THE SUPERVISOR
· GETTING ENQUIRIES, TENDERING, THE ORDER
· CONTRACT CONDITIONS IN THE CONSTRUCTION INDUSTRY
· DISASTER - DAMAGES, SET
OFFS AND CONTRA CHARGES
· DISASTER AVOIDANCE BY
SAFETY FIRST STEPS
· PROTECTION AND ENTITLEMENTS – EXTENSIONS
OF TIME
· RECOVERY OF LOSS AND EXPENSE -
· VITAL IMPORTANCE OF SITE
RECORDS AND NOTICES
· HOW GOOD RECORDS HELP IN GETTING PAID
· SOME TRUE STORIES FROM REAL LIFE
· WHAT MAKES A GOOD NOTICE ?
· GETTING PAID FOR VARIATIONS
–
· CHANGE OF CHARACTER AND CONDITIONS
· DITTO - ENGINEERING AND SUPERVISION COSTS
· TYPICAL PROBLEMS AND PITFALLS – “THE STREETWISE SUBBIE”
o
BEWARE STARTING THE CLOCK !
o
FALLING IN LOVE WITH THE BUILDER
o
PROGRAMME PITFALLS
o
BEST ENDEAVOURS OR ACCELERATION ?
o
ADVERSE REACTIONS
o
LITTLE TIN GODS
o
ALLIGATORS !
o
THE TWILIGHT ZONE
· GOOD AND BAD CORRESPONDENCE/NOTICES
· CONCLUSION – BE CAREFUL OUT THERE !
John
Russell
Contracts and Training Consultant
Cheshire CW4 7DP
Tel: Mobile 07770 986444
Email:
swsubbie@globalnet.co.uk
Web
site: www.jrconsultant.co.uk
COMMERCIAL AWARENESS FOR MANAGERS AND
ENGINEERS***
***
Our most popular course and strongly recommended.
A more “senior level” course, emphasising the actual job,
concentrating on “real life” problems, protection and getting paid, programme
pitfalls, securing extensions of time, loss and expense entitlements, recording
and maximising of variations, good and bad correspondence etc.
– for Contracts Managers and Engineers, Planners, and Senior
Supervisors.
INTRODUCTION
WHY WORK FOR FREE?
PUT IT IN WRITING AT THE TIME!
THE REAL WORLD
THE TYPICAL JOB
STANDARD AND
NON-STANDARD FORMS OF CONTRACT
STANDARD AND NON- STANDARD FORMS
COMMON FEATURES
TWO KEY SOURCES OF FINANCIAL DISASTER
PROTECTION BY EXTENSION OF TIME
ONEROUS CLAUSES
DEALING WITH “RISK”
STARTING OUT
ON THE RIGHT FOOT
PROGRAMME PERIODS AND DATES
BEWARE STARTING THE CLOCK
ADVERSE REACTIONS – EDUCATING YOUR
BUILDER
ALL ON BOARD – VITAL ROLE OF THE
SUPERVISOR
SITE RECORDS AND NOTICES – THE KEY TO
SURVIVAL
BATTLING
THROUGH THE JOB
LITTLE TIN GODS – CHECK THEIR AUTHORITY
BEWARE FALLING IN LOVE WITH THE BUILDER
WORKING OUT OF SYNC
JUST A MINUTE
BEST ENDEAVOURS OR ACCELERATION?
PREMATURE OCCUPATION BY THE CLIENT
THE ALLIGATOR PROBLEM
GOOD AND BAD CORRESPONDENCE
PROGRAMME AND
PROGRESS
PROGRAMME PITFALLS
DISASTER BY DAMAGES AND SET OFF
EXTENSION OF TIME
DON’T BE SHY – GET NOTICED !
WHAT MAKES A GOOD DELAY NOTICE?
PROGRESS REPORTS
KEEP AN EYE ON THE BUILDER’S PROGRESS
GET THE PICTURE?
GETTING PAID
FOR WHAT YOU DO
GET IT IN THE BUDGET
VARIATIONS – HOW TO ESCAPE FROM THE BILL RATES
VARIATIONS CHECK LIST
ACCELERATION – THE TRUE COSTS
CLAIMS FOR LOSS AND EXPENSE
HEADS OF CLAIM
CAUSE AND EFFECT
CONCLUSION
PERFORMANCE, AWARENESS, READINESS, EARLY
ACTION,
PROACTIVITY, PROTECTION OF ENTITLEMENTS
John
Russell
Contracts and Training Consultant
Cheshire CW4 7DP
Tel: Mobile 07770 986444
Email:
swsubbie@globalnet.co.uk
Web
site: www.jrconsultant.co.uk
This course covers the
formation of a contract, enquiry, tender, letter of intent, checking of
the order, onerous terms and conditions, an overview of bonds and warranties,
some typical “design problems” including “fitness for purpose”, payment
problems, and an introduction to the Construction Act and the associated
problems and benefits
–
for Contracts Managers, Estimators and
Quantity Surveyors.
FORMATION OF CONTRACT
Marketing
Enquiry
Sub-contract
conditions
Onerous terms and
conditions
Tender submission
Sub-contractor’s own
conditions
Letter of intent
Order and/or
Agreement
Acceptance by conduct
The battle of the
forms - offer and counter offer
Programme
incorporation
BONDS AND WARRANTIES
Introduction
On demand bonds
Termination dates
Sources of bonds
Parent company
guarantees
Design warranties
SOME TYPICAL “DESIGN” PROBLEMS
Introduction
Clarity of tender
offer
Duty to warn
Fitness for purpose
Liability in tort
Approval periods
Drawing register
Preferential
engineering
Confirmation of all communications
Technical queries
Little tin gods
Conclusion
PAYMENT
Original sub-contract
terms
Why the PQS ?
Keep variations up to
date
Nice guys get ignored
Release of retention
CONSTRUCTION ACT 1996
Introduction
Payment under the Act
Basic features
Set-off
Adjudication under
the Act
Basic requirements
“Any dispute arising
under the contract”
Adjudication - the
Government Scheme
Enforcement of awards
Mini claims, notices
and records
Amendments to
standard forms
Sub-sub-contractors
Conclusion
John
Russell
Contracts and Training Consultant
Cheshire CW4 7DP
Tel: Mobile 07770 986444
Email:
swsubbie@globalnet.co.uk
Web
site: www.jrconsultant.co.uk
COMMERCIAL AWARENESS FOR
SUB-CONTRACTORS
Set at a basic level, a practical course which emphasises early
identification of all problems, proactive flagging up of delays, keeping good
site records and notices, minimising of risk and protection of the
subcontractor’s entitlements to time and money.
– for Contracts Managers, Engineers and Supervisors.
Objectives
Introduce/increase
commercial awareness by:
· Early identification of all problems and pitfalls
· Proactive and prompt written notice of all delays and preventions
· Keeping of good site records throughout the job.
· Insistence upon written confirmation of all instructions with a
financial implication
· Minimising of risk
· Protection of entitlements to extension of time, loss and expense
etc.
Contents
SECTION 1 – STANDARD AND NON-STANDARD
FORMS
Standard and non-standard forms of sub-contract
Common features
Two key sources of financial disaster
SECTION 2 – GETTING OFF ON THE RIGHT FOOT
Programme, periods and dates
Beware starting the clock
Site records and survival
SECTION 3 – BATTLING THROUGH THE JOB
Programme pitfalls
What makes a good delay notice?
Just a Minute – Site minutes
Little tin gods – do they have authority?
Best endeavours or acceleration?
Premature occupation
SECTION 4 – TIME AND MONEY
Extension of time
Variations
Valuation of variations
Valuation of variations
Check list of character and conditions
Acceleration – the true costs
Get it in the budget
Claims for loss and expense
Heads of claim
John
Russell
Contracts and Training Consultant
Cheshire CW4 7DP
Tel: Mobile 07770 986444
Email:
swsubbie@globalnet.co.uk
Web
site: www.jrconsultant.co.uk
NEC (ECC) CONTRACT -
Introduction/Workshop
A practical and “down
to earth” introduction to this increasingly used form of contract, with its
complex and onerous requirements for “early warning” and resolution of all
problems – as a half day overview to Directors and senior managerial staff and/or
as a full day pre-commencement “workshop” for project teams who have to
administer these demanding rules. Includes a summary of the key changes in the
July 2005 edition of NEC3.
- for all Directors
and staff who may be involved in an NEC contract.
ORIGIN
Authors, initiation and key supporters
PHILOSOPHY
Mutual trust and co-operation
Flexibility
Clarity
Simplicity
(written in “ordinary language”)
Stimulus to good management
FORMAT
Main options, core clauses, secondary options.
KEY FEATURES
Contract data
Introduction of the various parties
(eg Employer, Project Manager, Supervisor,
Designer, Adjudicator etc).
Others
(ie direct contractors of the Employer)
Early warning
procedure - compulsory notice and meetings
Claims, variations and extensions of time (ie
“compensation events”)
Compensation events and their assessment
Forecasts of cost and delay effects for each
event
Stringent notice requirements and penalties
Adjudication - strict procedures and notice
periods
Actual costs and Fee percentage
Payment arrangements
Programmes and “floats”
Acceleration
Taking over
Delay damages
Sub-contracting under
the NEC
How the subbie fits into the scheme.
Considerations arising
Are the procedures and time scales too rigid?
Will the parties be able to comply?
Will additional staff be required?
If so, how will such staff be paid for ?
Will the “ordinary language” lead to disputes
as to interpretation ?
Can “co-operation” really be enforced?
Vital nature
of “accepted programme” as baseline
NEC3 – the key changes.
John Russell