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New Construction Contractual Dispute Avoidance qualification

 

  

 

 

 

New Construction Contractual Dispute Avoidance qualification

June 2017 

 

We are really excited to announce that the Confederation has been collaborating with ARDEN University to develop a Construction Contractual Dispute Avoidance qualification. The qualification and course is now developed and we are now registering interest for a course later this year.

 

The course is made up of six units:

Introduction to Contracts, Supervising and Managing Specialist Construction Work, Obtaining Payment, An Alternative Form Contract, Handling Claims and Disputes, and Specialist Subcontract Management.

 

The course is set at Level 4, is thorough and substantial and is designed to provide a broad appeal to all construction staff who are involved with contracts. The course will give an in-depth understanding of contracts and the knowledge and confidence to use them to your company's advantage. Link to Leaflet

 

To register interest, contact:

Katy Barker (Membership and Training Co-ordinator)

This email address is being protected from spambots. You need JavaScript enabled to view it. 

Tel: 01252 624763

Associate Member Article

 

 

 

The Personal Guarantee Dilemma: Should a Director Succumb to a Personal Guarantee?

Published June 2017 

There are two fundamental principles in company law. First, every company has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which take up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts.  

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Associate Member Article

 

 

 

 

Payment of Head Office Overheads in a Loss and Expense Situation

Published May 2017 

Loss and expense is a means by which a contract can cater for payment of monetary damages.  Where a contract permits a claim for loss and expense, the contract administrator or architect or engineer is normally authorised to award money in that respect.  Without such authority, payment of these monetary damages would only be made with the approval of the employer or following an award of court or of an arbitrator (or through an adjudicator’s decision).

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AGM & Luncheon

 

 

RAF Club|128 Piccadilly|Mayfair|London|W1J 7PY 

 

AGM & Luncheon September 29th, 2017

We are pleased to announce that we are holding the 2017 AGM and Luncheon on September 29th at the prestigious RAF Club in Mayfair London.

As the event is on a Friday, enjoy a long weekend in London; visit the theatre; see the sights. Why not bring the family too: all are welcome at the luncheon.

Contact Katy and reserve a place today!

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Reservation Form

luncheon Menu

Tel: 01252 624763

Confederation Comment - PQQs - Money Making Scam?

 

 

 

PQQs - Money Making Scam?

Published 21st April 2017 

Is it not time that the Pre – Qualification money making scam is ended?

Not only do specialist contractors have to deal with late payments, reduced margins and not getting fully paid, they are forced to participate in a pre-qualification process which is incredibly time consuming, exorbitantly costly and completely unnecessary. The process thrives on duplication and is required by Main Contractors to keep specialist contractors on their Approved Contractor lists. So, why don’t Main Contractors get together and develop forms/processes that are acceptable to all? Sounds simple, well yes, it is, if there was a will to do it. Of course, the more intuitive question would be, will Main Contractors willingly cease this money-making enterprise? And the predictable answer is, no they won’t!

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Confederation Comment - Contractors hit by £1.9 billion bad debt provision per year! Construction Charter - Massive Flop!

 

 

 

Specialist Contractors hit by £1.9 billion had debt provision per year!

Construction Charter - Still a Massive Flop!

Published 10th February 2017

We at the Confederation read with interest the recent government white paper; ‘Fixing our broken housing market’. Leaving aside the indirect admission that government housing policy has failed over many decades, we noted the reference to the ‘Farmer Review’ (P. 41), “This is an important moment and we should make the most of the opportunity for industry to invest in its workforce, alongside tackling the issues raised by the Farmer Review. The larger companies need to take responsibility for ensuring that they have a sustainable supply chain, working with contractors to address skills requirements”. Well yes, we agree! The Farmer Review highlighted how specialist contractors are unfairly treated whilst working as part of a supply chain:

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Confederation Comment - Main Contractors Reduce Payments to Subcontractors

 

 

 

Main Contractors Reduce Payments to Subcontractors - No Surprise There!

Published 21st January 2017

Referring to the Construction Enquirer article ‘Subbies under attack from new breed of aggressive QS’ (20/01/2017) it states, “Subbies are coming under pressure on site from a new breed of “super aggressive” quantity surveyors employed by main contractors...it’s pretty depressing at the moment. There’s certainly a new breed of younger QS who are drilled by the main contractors to get back what they can". However, to be fair to Main Contractors, this is not new, they have always been very successful at reducing payments to subcontractors. They rely on the fact that many subcontractors do not fully understand the implications of the contracts that they sign.

Main Contractors very effectively exploit subcontractor liabilities. However, contracts are not just one way. Subcontractors should use them to receive fair payment. Starting at the beginning, Subcontractors should refuse to accept spurious clauses in contracts which have been added by the main contractor.

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Confederation Comment - Late Payments: Still Biggest Threat!

 

 

Subcontractors - Late Payments: Still Biggest Threat!

Published 7th December 2016

It is pleasing to note that “large companies will be required to publish details on how quickly they pay their suppliers, under draft regulations released by Small Business Minister Margot James” (Construction Enquirer 6/12/2016). Although a year later than originally promised, it is still pleasing nonetheless. We must wait to see if payment practices improve because of these regulations. However, we at the Confederation of Construction Specialists are sceptical and not convinced. The onus is on the main contractor to improve bad practice because they must report twice yearly on their payment practices under the ‘Duty to Report Rule’. However, main contractors already know of the hardship they cause and being deterred because they should report it does not seem like a deterrent at all.

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Award Announcement

 

 

We are really pleased to announce that the Confederation has been recognised for its Support Services and has been awarded: -

Best Construction Sector Contracting & Financing Advisory - United Kingdom Award for Excellence in Support Services by BUILD Magazine.

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Confederation Comment - Farmer Review: Unfair Payment Practices

 

 

 

Farmer Review - Recognises Unfair Payment Practices for Specialist Contractors!

Published 17 October 2016

The well-received Farmer Review of the UK Construction Labour Model, has identified many unjust payment practices that specialist contractors are unfairly subjected to and must contend with whilst contracting as part of a supply chain:

  • "...multiple on-costing, downward and often inappropriate risk transfer" (p.17)
  • "...Clients tend to fixate on lowest initial tendered price and this is often perpetuated by their advisors, who, in a traditional procurement model, are implicitly employed (at least partly) to manage a fixed and adversarial transactional interface between clients and industry" (p.24)
  • "...The multiple and tiered sub-contracting interfaces within the industry and between industry and its clients has generated a further non-value add process whereby some businesses higher up the supply chain will use other businesses’ money lower down to temporarily support and enhance their own cash flow." (p. 24). I guess this may be the answer to why the Robertson Group are predicting the rebalancing of margins if project bank accounts become commonplace:

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