●Make sure your tender is qualifi ed in respect of potential fl uctuations in materials – remember Brexit is looming – and put in something that means you do not take any risk in connection with sites closing and/or being disrupted by site closures. ●Use or adapt the payment schedule that is on the CICV Forum website and you will not run into any issues during the project on not meeting payment dates. ●Make sure you keep records. This could include email communications, site diaries, resource schedules, videos and photographs. You might need these months down the line. ●Payment applications – provide as
much detail as you can and don’t give anyone any excuses to put a red pen through your applications. If you are asked for information, provide it. ●If you’re not paid in full by the fi nal date for payment then you have a statutory and contractual right under SBCC conditions to suspend the performance of any or all of your obligations under the contract/ sub-contract – a powerful remedy, so use it. You may be able to terminate your contract/sub- contract providing you follow the specifi c procedures. ●Make sure you follow the procedures in the contract/sub- contract for issuing notices. Send them to the correct person, at the
correct address, within the specifi ed time, in the manner described. Try to accommodate notice by email in your contract if you can. ●Get your fi nal account in on time. Be sure it is clearly labelled as a fi nal payment application in the terms of the contract. Chase up and collect your retentions. Keep a running ledger of when retentions are due to be paid. Apply for retention if necessary. ●Have in mind the risk of insolvency of ANY party higher up the payment tree and not just the party that is employing you. ●You have no need to be concerned about project bank accounts (PBAs), which ensure you get paid on time. If you need advice, talk to SELECT. You can also fi nd lots of information in the Useful Links section at www.
cicvforum.co.uk ●Confl ict avoidance – inevitably you might need to take some action if you are not getting paid. Have a look at the CIC Low Value Adjudication Scheme and the Summary Procedure, which are low-cost adjudication schemes where the adjudicators’ fees are fi xed, making adjudication much more attractive to the construction supply chain. Consider writing these schemes into your contracts and sub-contracts. Again, information on these schemes is in the Useful Links section at
www.cicvforum.co.uk ●Confl ict Avoidance Processes (CAP) – this is a game changer for the industry. It provides early intervention into any contentious issues on a construction project to resolve issues and stop them escalating. The process builds relationships as well. ●And fi nally…. Collaborate. Negotiate. Talk. Find solutions. Do not let problems escalate.
T e six commercial webinars can be viewed on the CICV Forum website at www.
cicvforum.co.uk/webinars
along with other sessions on employment advice and health and safety matters. If you would like to see any other topics covered in 2021, email
info@cicvforum.co.uk
CABLEtalk DECEMBER 2020/JANUARY 2021 37
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48
