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COMMERCIAL WEBINARS FOCUS


Lessons learned


T e CICV Forum recently fi nished hosting six commercial webinars, covering everything from contracts and industry culture to confl ict avoidance. We look at the main points from these valuable online sessions – and what practical advice contractors can take forward into 2021 To do this, I was joined by a team


of extremely experienced presenters including Professor Rudi Klein, CEO of the SEC Group, Ian Honeyman, Commercial Director of the Scottish Building Federation, Angus Pearson, Contracts and Disputes Specialist with Fortis and Deborah Harrison, Legal Counsel with the British Constructional Steelwork Association. So what were the main points we


By Len Bunton FRICS FCIArb, HON FRIAS


SEC Group Scotland A


s someone who deals with payment issues every day, I think contractor problems can often be self- induced. It was therefore decided


to host a series of free webinars to help improve the contractual and commercial management of building projects and try to ensure that contractors were paid what they were due, when they are due.


wanted to get across? I decided the easiest way to sum things up was this bullet point guide: ●Read the sub-contracts you receive and look out for issues that might cause a problem and attract risk. If the risk is too high, then be prepared to walk away. ●Make sure you understand what documentation constitutes the CONTRACT DOCUMENTATION and read through carefully to ensure that all documents are aligned and that there isn’t confl ict between or within documents. ●Watch out for amendments to the payment provisions. ●Be aware of clauses which extend your obligations and know how to deal with them, such as third-party agreements, collateral warranties,


36 CABLEtalk DECEMBER 2020/JANUARY 2021


indemnity wording and cross- contract set-off . ●If you cannot negotiate any other amendment, at the very least seek to reasonably limit your liability – a ‘cap’. ●Look at the contract duration stated within the tender documents and consider whether the time period stated is adequate to carry out the scope of works to be undertaken. ●If the time period is not suffi cient, having given due consideration to all factors which could impact on programme, propose an alternative or qualify your tender. ●Check that you have the right to claim for an extension to the date for completion. Understand the process which allows you to do so.


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