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AdjudiCare

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24.01.2022 #subcontractors this is a shout out to you, the silent majority who read my posts and contact me incognito to say how much my nuggets of advice have helped you over the last 3 years. I get that you can’t like and share what I’m saying because you’re worried about the perception that creates with your clients. I’ve been amazed in the last six months how many people I have met who mentioned over a handshake that they ‘follow’ me on LinkedIn or Facebook and I had no idea who the...y were!! We are now good mates and I know not to tag them or like their photos and posts for the same reason they don’t like mine. But at least I have their phone number so I can text them if I’ve got something helpful to say I don’t care about algorithms and I’ll never post every day for the sake of posting - I only post with something valuable to share that I think can help our industry. Consider dropping me a private message with a thumbs up so I know who you are when I bump into you on site #tricksofyourtrade #constructionindustry #buildingconstruction #building #construction #securityofpayment

22.01.2022 Which would you choose?? Spend [this much] avoiding loss or [this...???...much] chasing the actual debt? Recently, I am constantly hearing #subcontractors say this:... "It's not fair that I have to spend [this much] at a chance to get back [this..???..much] - I should just be paid for the work that I've done!" I couldn't agree more. It is not fair. But we aren't in the school yard anymore, we are in business. Regardless of whether or not your short payment relates to the #constructionindustry , I don't know of any regulator, court or tribunal that will make one #business pay another business without first proving its right to the #payment. #securityofpayment laws are as close as it gets. Under SOP you're able to utilise an expedited process out of court to get a decision that you would otherwise need to take to a judge. The cost to assist you in #adjudication is relative to what is involved and how long it takes to prepare your application. If cost v benefit is TRULY important to you, I can help you run your business so that you can stay out of disputes - or at worst, if you end up in one, you've got two strong legs to stand on and nothing serious to argue about. #tricksofyourtrade #construction #building #buildingconstruction #builders #builder

22.01.2022 Which would you choose?? Spend [this much] avoiding loss or [this...???...much] chasing the actual debt? Recently, I am constantly hearing #subcontractors say this:... "It's not fair that I have to spend [this much] at a chance to get back [this..???..much] - I should just be paid for the work that I've done!" I couldn't agree more. It is not fair. But we aren't in the school yard anymore, we are in business. Regardless of whether or not your short payment relates to the #constructionindustry , I don't know of any regulator, court or tribunal that will make one #business pay another business without first proving its right to the #payment. #securityofpayment laws are as close as it gets. Under SOP you're able to utilise an expedited process out of court to get a decision that you would otherwise need to take to a judge. The cost to assist you in #adjudication is relative to what is involved and how long it takes to prepare your application. If cost v benefit is TRULY important to you, I can help you run your business so that you can stay out of disputes - or at worst, if you end up in one, you've got two strong legs to stand on and nothing serious to argue about. #tricksofyourtrade #construction #building #buildingconstruction #builders #builder

21.01.2022 #subcontractors I’m not crazy about ABN workers. To me, they enjoy all of the fiscal benefits of business status but aren’t really running a business. I also think you rely on them too much, to your detriment.... Here’s why: 1) they don’t share your contractual risk, or statutory defects period (because you never hold retentions and rarely sign proper contracts with them ). 2) they don’t carry the costs of insurances, they might hold PL, but usually not WC, never insurance for their works. 3) they rarely pay their super, you hope they pay their tax but you can’t be sure & it’s on you to withhold if they are really an employee (ie: if your sham contract doesn’t cut it). Big fines for you if this goes bad. 4) they spend nothing on quoting or other overheads to win work, but (if it suits them) they’ll enjoy ongoing work from the steady work you’re quoting, winning and warrantying. 5) They rarely hold and pay for their own licence, in some instances because they can’t meet the qualifications, or fit and proper criteria. 6) you get zero subsidies or grants to employ them and you’re actually disincentivised to train them because they can leave you for the competition without notice (or become the competition). #tricksofyourtrade #constructionindustry #construction

21.01.2022 #subcontractors do you know what a jurisdictional issue is? I'm betting a big fat NOWAY -and that's assuming you haven't already stopped reading! A jurisdictional issue is an issue about whether or not you have met the criteria to use the #securityofpayment law that you are relying on to get paid. ... If you haven't met the criteria you run the risk that an adjudicator has no authority to decide you should be paid. Raising an issue like this is the best way a #builder can get one over a subbie in an #adjudication, so you need to know what the common ones are. Here are some (not all) of them: - no contract - no reference date - invalid payment claim (several reasons why this could be) - second payment claim in same period - payment claim not served - adjudication application invalid (several reasons why this could be) - adjudication application not served All of those can be avoided with half decent #contract admin. You don't need to be an expert at this stuff - you just need to have a systematic approach. #constructionindustry #buildingconstruction #tricksofyourtrade #building #construction

16.01.2022 #subcontractors do you know what a jurisdictional issue is? I'm betting a big fat NOWAY -and that's assuming you haven't already stopped reading! A jurisdictional issue is an issue about whether or not you have met the criteria to use the #securityofpayment law that you are relying on to get paid. ... If you haven't met the criteria you run the risk that an adjudicator has no authority to decide you should be paid. Raising an issue like this is the best way a #builder can get one over a subbie in an #adjudication, so you need to know what the common ones are. Here are some (not all) of them: - no contract - no reference date - invalid payment claim (several reasons why this could be) - second payment claim in same period - payment claim not served - adjudication application invalid (several reasons why this could be) - adjudication application not served All of those can be avoided with half decent #contract admin. You don't need to be an expert at this stuff - you just need to have a systematic approach. #constructionindustry #buildingconstruction #tricksofyourtrade #building #construction

15.01.2022 I’ve had a few #subcontractors tell me recently that they’re disappointed with themselves for ending up in a dispute with a builder, and quite frankly, embarrassed that they need my help at all. My response: It’s not all about you mate! ... Some #builders have issues that are way bigger than the boat you’re rocking. You can do everything right and it won’t stop your builder from going broke, getting into a head contract dispute, running an unsafe work site and inevitably coming to the attention of the Regulator. Judge yourself on these things, not the Builder’s failings: 1) how fast did you see the signs and pick up the phone for advice? 2) have you been chasing up your progress payments each and every month as soon as they fall due? 3) Did you lawfully suspend work when the money stopped? 4) Did you give the right notices under the #contract when the job hit the skids and half the subbies walked off site? Having the confidence to know what trigger to pull and when to do it isn’t something to be embarrassed about. Behind every business is a human being making the best decisions they can based on the resources available to them. Get resourced! #constructionindustry #construction #tricksofyourtrade #buildingconstruction

15.01.2022 Most people won’t know this about me, but my Husband works in sales in the #constructionindustry. He has asked me at least 1000 times: What is the elevator pitch for your business? Teach me the spiel so I can tell people. Me being a #contracts nerd looks at him cross eyed ... we just help #subcontractors solve their problems...... Him: what like Ray Donovan? You’re a fixer for the #tradies? Me: well we don’t use baseball bats, guns or golf clubs anymore... the look of disappointment on his face is priceless. (He particularly loves golf) This post gives you an idea of how BAD I am at marketing But I do know that there are a LOT of you reading my posts and you like what you hear...but you don’t know if we are for you. So here it is: - Payment Claim and debt recovery advice & services (#securityofpayment); - Contract reviews & ad-hoc dispute prevention contract admin; - Dispute resolution advice and commercial management services to avoid disputes; - licensing, defects management and compliance advice; - Training and business systems to support you in all the above #tricksofyourtrade #construction #building #buildingconstruction

13.01.2022 Most people won’t know this about me, but my Husband works in sales in the #constructionindustry. He has asked me at least 1000 times: What is the elevator pitch for your business? Teach me the spiel so I can tell people. Me being a #contracts nerd looks at him cross eyed ... we just help #subcontractors solve their problems...... Him: what like Ray Donovan? You’re a fixer for the #tradies? Me: well we don’t use baseball bats, guns or golf clubs anymore... the look of disappointment on his face is priceless. (He particularly loves golf) This post gives you an idea of how BAD I am at marketing But I do know that there are a LOT of you reading my posts and you like what you hear...but you don’t know if we are for you. So here it is: - Payment Claim and debt recovery advice & services (#securityofpayment); - Contract reviews & ad-hoc dispute prevention contract admin; - Dispute resolution advice and commercial management services to avoid disputes; - licensing, defects management and compliance advice; - Training and business systems to support you in all the above #tricksofyourtrade #construction #building #buildingconstruction

13.01.2022 #subcontractors this is a shout out to you, the silent majority who read my posts and contact me incognito to say how much my nuggets of advice have helped you over the last 3 years. I get that you can’t like and share what I’m saying because you’re worried about the perception that creates with your clients. I’ve been amazed in the last six months how many people I have met who mentioned over a handshake that they ‘follow’ me on LinkedIn or Facebook and I had no idea who the...y were!! We are now good mates and I know not to tag them or like their photos and posts for the same reason they don’t like mine. But at least I have their phone number so I can text them if I’ve got something helpful to say I don’t care about algorithms and I’ll never post every day for the sake of posting - I only post with something valuable to share that I think can help our industry. Consider dropping me a private message with a thumbs up so I know who you are when I bump into you on site #tricksofyourtrade #constructionindustry #buildingconstruction #building #construction #securityofpayment

13.01.2022 #subcontractors do you ever wish you had a ghost writer that could write really clever emails for you in language you understand so that you could reply to your #builders with confidence? Your wish is my command Every other day I get texts or emails from clients that say:... Michelle this muppet is trying to make me [insert stupid demand from builder’s CA] and I’m pretty sure I don’t have to do it but I don’t know how to tell him without the $hit hitting the fan... Most of the time I can help these guys with one text message reply, or a 5 minute email. You guys know in your gut when a job is going south. It usually only takes one or two carefully worded emails to get your builder to see sense, or to give you what you need. If it doesn’t...he was never going to give it to you anyway. The earlier we get involved the more likely you are to achieve a commercial outcome where relationships are preserved, than a legal one where nobody wins after costs. #tricksofyourtrade #constructionindustry #buildingconstruction #building #construction

12.01.2022 #subcontractors, nobody can just MAKE a #builder pay you every time, on time, in full. Even #securityofpayment laws require you to first be short paid before you can take any action to debt recover. Reactive debt recovery measures are costly and uncertain - it is much less stressful and less expensive to proactively manage your contracts with commercial acumen and get what you want while maintaining a relationship.... Trying to apply pressure after your leverage is gone quickly turns into a situation where you threaten legal action until you have to take legal action, and the builder sits back and delays paying you until he absolutely has to. Only you truly understand when you have the upper hand. This is why so many subbies withhold certification documents when they aren't paid. You're on the right track with that, but those antics pulled unlawfully can land you in breach of #contract and you can end up getting counter-sued if and when you finally get your day in court. To understand your commercial leverage and how you can harness it without compromising your #contract, contact me for a no obligation chat. #tricksofyourtrade #constructionindustry #construction #buildingconstruction #building

10.01.2022 #subcontractors, nobody can just MAKE a #builder pay you every time, on time, in full. Even #securityofpayment laws require you to first be short paid before you can take any action to debt recover. Reactive debt recovery measures are costly and uncertain - it is much less stressful and less expensive to proactively manage your contracts with commercial acumen and get what you want while maintaining a relationship.... Trying to apply pressure after your leverage is gone quickly turns into a situation where you threaten legal action until you have to take legal action, and the builder sits back and delays paying you until he absolutely has to. Only you truly understand when you have the upper hand. This is why so many subbies withhold certification documents when they aren't paid. You're on the right track with that, but those antics pulled unlawfully can land you in breach of #contract and you can end up getting counter-sued if and when you finally get your day in court. To understand your commercial leverage and how you can harness it without compromising your #contract, contact me for a no obligation chat. #tricksofyourtrade #constructionindustry #construction #buildingconstruction #building

09.01.2022 When #builders unplug their fax machine or try to dodge service of #paymentclaims in other daft ways, it reminds me of when my 3yr old closes her eyes during hide and seek and thinks I can’t see her. You can still effectively be served even if your eyes are closed What’s worse is - you are so confused about whether you have been served that you don’t know when the clock starts ticking on the deadline to reply. ... This muddying of the waters only benefits the lawyers who get paid to argue when and how you were served, and from when time runs. Wouldn’t you rather know about a claim as soon as possible so that you have the maximum time to respond? Imagine plugging in the fax machine and seeing hundreds of pages come out, knowing they have been sitting banked at the server for two weeks waiting for the plug to go in. Anyone playing shenanigans over service to avoid payment just looks dodgy, and when caught out, there is no coming back from that. Aussie #subcontractors dealing with these antics might consider sending a copy of anything being ‘served’ to the builder’s registered business address. You can find this by doing a $9 ASIC search on the ASIC website. #tricksofyourtrade #securityofpayment #building #constructionindustry #construction

06.01.2022 I’ve heard this story from a handful of #subcontractors now and thought it was worth a mention. There is some talk of builders and larger Subbies using #jobkeeper and BAS rebates to discount #quotes and #tenders, buying jobs at drastic negative margins to keep their staff employed and keep a grip on their market share. I’m interested to hear what my network think of this. ... Is this: A: OK - natural attrition and exactly what jobkeeper was for. After all if the business survives and comes out the other side it serves the purpose... OR B: short sighted and unnecessary, buying jobs is a house of cards that will set them on a path they’ll never recover from... OR C: other [please explain]. Personally, I think it’s risky when these businesses don’t know when the tap will be turned off. Watching with keen interest to see what will happen next. #constructionindustry #tricksofyourtrade #buildingconstruction #building #construction #securityofpayment

05.01.2022 #subcontractors, how would you deal with a #builder who won't listen to reason? We've all been there right... Every once in a while you'll come across someone entirely unreasonable and bloody minded and they'll play silly buggers with your money until you go mad. They'll happily spend two, three - even four times the amount that they owe you in legal fees just to fight you... and if they get one up on you they'll laugh in your face.... These #builders are literally banking on you losing your $hit and if you can't find a way to take the emotion out of it you'll lose more than your money and your marbles in the process. Being in business means dealing with a wide cross section of society and with that comes exposure to profiteering sickos who litigate for sport. The trick to dealing with these guys is this: 1) know one when you see one; 2) get help early while the solution is still cheap; 3) be calm and methodical in your every day procedures; and 4) don't take it personally. Chalk it up to your quota and move on. #tricksofyourtrade #construction #constructionindustry #building #securityofpayment #buildingconstruction

03.01.2022 I’m pretty vocal about why #subcontractors need to pay attention to #builders that don’t pay on time. That’s because I’ve personally seen more builders than I have fingers on two hands do these dodgy things: 1) at the end of each month, ask all of their CA’s and PM’s for a list of Subbies who won’t suspend work if they aren’t paid.... 2) direct their CA’s to ‘value down’ every line of a #paymentclaim by a cumulative 20% of the overall claim and to write a half decent reason on the #paymentschedule to avoid #adjudication. 3) don’t pay any trades that aren’t on site. If any give notices of intention to suspend, only make payment 3 business days before they are due back on site (so that they can’t refuse under SOP or Contract). 4) don’t pay any supplier that no further credit is required from. Not many #suppliers realise they can use #securityofpayment legislation to #debtrecover. 5) company wide ban on release of retentions, only to be reconsidered if the Subbie is smart enough do A + B + C. Each of these in the ‘on hold’ pile, only got shuffled up to the top if they applied enough pressure. I’ve heard every bullshit excuse you can think of to avoid making payment. It’s not every builder but please be sure it’s not your builder. #tricksofyourtrade #building #construction

03.01.2022 I’ve heard this story from a handful of #subcontractors now and thought it was worth a mention. There is some talk of builders and larger Subbies using #jobkeeper and BAS rebates to discount #quotes and #tenders, buying jobs at drastic negative margins to keep their staff employed and keep a grip on their market share. I’m interested to hear what my network think of this. ... Is this: A: OK - natural attrition and exactly what jobkeeper was for. After all if the business survives and comes out the other side it serves the purpose... OR B: short sighted and unnecessary, buying jobs is a house of cards that will set them on a path they’ll never recover from... OR C: other [please explain]. Personally, I think it’s risky when these businesses don’t know when the tap will be turned off. Watching with keen interest to see what will happen next. #constructionindustry #tricksofyourtrade #buildingconstruction #building #construction #securityofpayment

02.01.2022 #subcontractors, how would you deal with a #builder who won't listen to reason? We've all been there right... Every once in a while you'll come across someone entirely unreasonable and bloody minded and they'll play silly buggers with your money until you go mad. They'll happily spend two, three - even four times the amount that they owe you in legal fees just to fight you... and if they get one up on you they'll laugh in your face.... These #builders are literally banking on you losing your $hit and if you can't find a way to take the emotion out of it you'll lose more than your money and your marbles in the process. Being in business means dealing with a wide cross section of society and with that comes exposure to profiteering sickos who litigate for sport. The trick to dealing with these guys is this: 1) know one when you see one; 2) get help early while the solution is still cheap; 3) be calm and methodical in your every day procedures; and 4) don't take it personally. Chalk it up to your quota and move on. #tricksofyourtrade #construction #constructionindustry #building #securityofpayment #buildingconstruction