BEWARE "STARTING THE CLOCK TICKING".

Remember that the sub-contract start date "sets the clock ticking" and the agreed period begins to elapse. At the conclusion of that period, if your works are incomplete (and in the absence of a formal Extension of Time), you could be liable to financial "damages" from the Client and/or Builder. So, what are the "streetwise" angles on "commencement"?

Building not ready? A Subbie who commences on an "unready" site puts himself at great disadvantage and risk! Having commenced, he will find himself "working out of sync" with the other trades. Then, when the Builder finally "gets his act together", the Subbie is accused of "delaying handover"!

So what to do? Firstly, visit and inspect the site well in advance of the planned start date. If the site clearly will not be "ready", then record same with the specific reasons, by writing to the Builder. Generalities will not suffice. Be aware that "uneconomic working conditions" are not a valid reason for delayed commencement. That aspect has to be dealt with by way of subsequent Extension of Time and/or Loss and Expense.

If a deferment is mutually agreed, then DO record the agreement in writing, and confirm your entitlement to a revised completion date (based upon the original agreed period commencing at the new start date). Whether you have to request an "Extension" will depend on the particular Sub-contract conditions. Quite often, you would not have to do so, since you are still content to carry out your works within the original period.

If the Builder, despite your protestations, nevertheless gives you formal "Notice to Commence", then (providing the site is safe for working), you probably have to comply. Again, it all depends on the precise Sub-contract terms. If you then find yourself "delayed from the start" (i.e. by lack of access and/or building readiness etc), you will have to give a formal Delay Notice as at "Day one" and continue to do so for as long as the delays continue. Many Subbies of my acquaintance have found, to their cost, that sending "two men and a dog" to do a couple of days work on an unready site has subsequently been held to have "started the clock ticking". So, do you refuse to co-operate? Most certainly not! What you do is to cover yourself with a nice polite letter which confirms that your action in visiting site for this pre-start work is purely to assist the Builder, is not to be construed as formal commencement of your Works and is "Without Prejudice" to your contractual entitlements.

Too pessimistic? OK - so ignore my advice. But you might have cause to change that opinion when that "Set-Off" Notice from the Builder drops through the letter box!

Keynote:

Confirm your sub-contract commencement date.

John Russell

Construction Contracts & Training Consultants (Established 1984)

Cheshire CW4 7DP Tel : 07770 986444

Email : swsubbie@globalnet.co.uk Website: www.jrconsultant.co.uk