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Tricks of Your Trade

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25.01.2022 #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 arent paid. Youre 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

23.01.2022 I get accused of builder bashing every other day... Builder bashing (according to these critics) is calling out #builders for bad behaviour towards #subcontractors - aka Subbie bashing. (#gaslighting much?) In my posts I give specific examples of real time issues I see with my own eyes. And I offer practical admin hacks so that Subbies can avoid it. ... So no boogeyman stories here, we are all grown ups and this is the real world. But every now and then I get a referral from a #builder (or their staff) who send a #subcontractor my way for a helping hand. Almost always I have never met this person before, but they have seen my posts and it has resonated with them. It is times like this that I am encouraged and spurred on with hope that this dialogue can create change. Not everyone in the builder’s camp is poison. Some of us were babes of the industry with grand dreams to build great buildings. #securityofpayment #constructionindustry #construction #tricksofyourtrade #building #buildingconstruction #subbiestoolbox

23.01.2022 Tip 3 of 5 for #subcontractors to stop #builders from using aggressive, abusive and bullying behaviour and language towards you without upsetting the apple cart. #tricksofyourtrade #construction #building #securityofpayment #constructionindustry #buildingconstruction

23.01.2022 Most people wont 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? Youre a fixer for the #tradies? Me: well we dont 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 dont 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

22.01.2022 Ive 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. Im 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 theyll never recover from... OR C: other [please explain]. Personally, I think its risky when these businesses dont know when the tap will be turned off. Watching with keen interest to see what will happen next. #constructionindustry #tricksofyourtrade #buildingconstruction #building #construction #securityofpayment

22.01.2022 Im pretty vocal about why #subcontractors need to pay attention to #builders that dont pay on time. Thats because Ive 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 CAs and PMs for a list of Subbies who wont suspend work if they arent paid.... 2) direct their CAs 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) dont pay any trades that arent 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 cant refuse under SOP or Contract). 4) dont 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. Ive heard every bullshit excuse you can think of to avoid making payment. Its not every builder but please be sure its not your builder. #tricksofyourtrade #building #construction

22.01.2022 Heads up, this one is a bit rough around the edges. Here is the first of six ways for Subbies might respond to subbie flogging language and behavior from #builders. This is a follow up from my video earlier this week about discrimination against #subcontractors and why it needs to stop. #tricksofyourtrade #securityofpayment #discrimination #constructionindustry #buidingindustry #building #construction

21.01.2022 #subcontractors if your #builder gives you a #payment schedule that certifies payment in full, are you still checking to see how he arrived at your figure? Here are two examples of problems that have crossed my desk already this year: 1) Builder certifies EXTRA for contract works on account but rejects the #variations. ... 2) At PC, Builder rejects the Varys but releases retention to the value of the Varys, even though the Subbie didn’t claim his retention on his #paymentclaim. In both instances the Subbie is none the wiser if he didn’t read every line item certified in the payment schedule to check what the builder is agreeing to and rejecting, because the net amount he invoiced hit his bank account on time. If you aren’t raising these issues and dealing with them as they crop up you run the risk of being out of time to recover your Varys once you realise what really went down. #tricksofyourtrade #securityofpayment #constructionindustry #buildingconstruction #building #construction

21.01.2022 I recently had a great chat with a very talented construction lawyer who made a point about #builders and #unfair #contract terms that stopped me in my tracks. He said often times the builders need these clauses in their #subcontracts because the head contract has them. I get it, and I take this on board in light of my comments about why #builders include them in their contracts.... BUT, heres the thing: 1) if a builder takes on a risk at a head contract level, that doesnt automatically make it fair because he is passing it down the chain to his #subcontractors. Particularly if he is doing it on a take it or leave it basis. 2) Did the builder have his lawyer review the Head Contract? And was the lawyers advice to mitigate by back-to-backing the Subcontract terms? The thing that gets me is the antics around it. Builder stitches Subbies into the Head Contract but wont even give the Subbie a COPY. Instead they make it available to be viewed at the Builders head office. All this tells me is that this Head Contract risk is just a bullshit excuse, because if the Builder REALLY wanted their Subbies to comply with the Head Contract, they would make it EASY. #tricksofyourtrade #securityofpayment #constructionindustry #buildingconstruction #building

20.01.2022 For those construction industry associations, organizations, groups and collectives brave enough to host an industry event this year, I am making myself available for five (5) pro bono speaking events in 2021. Those who support and educate #subcontractors will most benefit from my content, but I am also passionate about #securityofpayment reform and I'm keen to collaborate with other thought leaders in that space. I am not afraid of a digital stage and welcome enquiries from ...international hosts. My bio and details can be downloaded from this link: http://ow.ly/SrEo50DmXLx *I intend to select opportunities based on suitability of topic and my ability to add value to your audience. No stage is too large or small... **I sincerely promise not to add your information to any mailing list if you download my details. #constructionindustry #tricksofyourtrade #buildingconstruction #builders #building #construction #subbiestoolbox

20.01.2022 #subcontractors read #unfair #contract term number 2 in my top 10. It should be no surprise that termination for Builders convenience is on this list, but the existence of the clause itself is not what I want you to learn from this post. Look at what the Subbie is entitled to be paid if the Builder terminates for convenience. Can you see whats missing?... If you havent guessed...it is #retentions! If your #builder terminates for convenience prior to practical completion, your retention is not likely to have become due and owing under your subcontract. It will take a day in court to try to get that retention back - and your prospects are not certain if you sign up to this clause. Imagine the builder does this: gets the structures trades (concreter, formworker, blockie etc) to complete the structure and only sundry externals remain. Builder terminates for convenience and picks up 5% of each contract sum in retentions. If you think Im joking, pull out every subcontract you have signed in the last 12 months and see whether you get your retentions paid out if the builder terminates for convenience. I know my clients will. #tricksofyourtrade #constructionindustry #securityofpayment #construction #building

19.01.2022 The bottom up has more feet for new direction! #Construction disputes arent just costly, theyre detrimental to the psychological well-being of those involved from both sides of the fence. I can tell you from experience that even if youre on the #builders side, this stuff hurts you as a human. ... Most who choose the #constructionindustry for their career dont start out dreaming of #contracts and #backcharges and #delays and #disputes. We are usually inspired by the idea of being part of bricks and mortar construction and icon projects - stuff that is tangible and real and grand. I recently completed an Advanced Mediation course at #QUT and I was really surprised and happy to see three other construction professionals doing the same course, for the same reason: To help people achieve better outcomes for both parties in construction disputes than going legal. Two worked for Tier 1 Main Contractors. They genuinely care about relationship management with #subcontractors and avoiding dispute. One works in Government and was looking to improve communication for all parties to captial works contracts. Do you know what this tells me? The PEOPLE on both sides are ready for change, and are willing to DRIVE it. #securityofpayment #tricksofyourtrade #building

19.01.2022 Ever wonder what is wrong with the #construction industry? We have some thoughts about why things go pear shaped so often between #builders and #subcontractors #tricksofyourtrade #securityofpayment #constructionindustry #building #Payment #buildingconstruction

19.01.2022 #subcontractors is your #builder in the habit of amending his Payment Schedule after giving one during the 10/15 business day period he has available to him to give it??? If YES - read this Great question from a client today: can a payment schedule be amended? Short answer is NO.... A Builder can only give a Payment Schedule in response to a Payment Claim. (Ie: ONE) So you cant amend your claim and he cant amend his schedule. If your builder is in the habit of doing this to string you out on payment or to kick the can down the road on assessing your varys you need to keep a close eye on timeframes - particularly if its a Final Claim. If you dont enforce your payment claim waiting for a builder to live up to his word you could lose your right to use #securityofpayment laws to enforce your right to payment (and die of old age in the meantime)!!! #tricksofyourtrade #constructionindustry #buildingconstruction #builders #construction #building

19.01.2022 #subcontractors this is #unfair #contract term number 4 (Part 2) - Valuation for work taken out of your scope. If you didnt catch Part 1 it is still on my profile. This clause states how a builder calculates the credit you have to give them for taking work out of your contract if he alleges you breach.... Issues: 1: Builder engages others (price out of your control) & deducts that cost from the remainder of what he owes you. Builder has no incentive to get fair market rates and EVERY incentive to pay more to throw extra resources at it to pick up time. 2: if, after that, you owe him money, he can keep or sell your plant and equipment. The legal fraternity on my first post say this is fair, because the Subbie substantially breached the contract. So Ive included the clause that lists the substantial breaches, you tell me if you think its fair. My issue here is that there are so often allegations of construction program departure, not diligently completing work, defects (not proven or substantiated) and I think those things should be decided before someone sells your plant & equipment to pay for alleged general damages. What do you think? #tricksofyourtrade #securityofpayment #constructionindustry #buildingconstruction #building #construction

18.01.2022 Which would you choose?? Spend [this much] avoiding loss or [this...???...much] chasing the actual debt? Recently, I am constantly hearing #subcontractors say this:... "Its 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 Ive done!" I couldnt agree more. It is not fair. But we arent in the school yard anymore, we are in business. Regardless of whether or not your short payment relates to the #constructionindustry , I dont 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 youre 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, youve got two strong legs to stand on and nothing serious to argue about. #tricksofyourtrade #construction #building #buildingconstruction #builders #builder

18.01.2022 Not all #builders are created equal. #subcontractors might be interested to know that 90% of the views of my posts are by Builder’s CAs, PMs and Construction Managers. A lot of them lurk but don’t comment. ... Every now and then I’ll hear from someone from a building company with a word of encouragement or a genuine question about how to do things the right way. I realise that a lot of my posts paint builders in a shady light. The reality is that the bulk of what I see isn’t good bloke stuff, but the bad can be attributed to the rotten apples. There are good builders in the industry. There are people with real integrity and know how. The message below is one I received earlier this month.

18.01.2022 I spend a lot of time with #subcontractors and #builders when they get legal advice from lawyers. I think it is really amusing when clients tell their lawyers what the client thinks the lawyer needs to know to win their case... ...but the clients documents tell a TOTALLY different story.... Ive wracked my brains to figure out why clients do this. My theory is: the context of seeing a lawyer is embarrassing for #constructionindustry professionals and it makes us feel dumb. We are bloody smart people - look at what we build! It takes guts and brains to have a go in this industry - but we dont live in the world of boardrooms and suits and to be honest that environment gives us the creeps. This is exactly why I do what I do, the way that I do it: Ive worked on site and I can read drawings. Ive been a CA for builders and I understand how trade packages are split up by scope. I get the construction sequence. Im the person you see when your gut tells you something is going bad but you dont think you need a lawyer yet. You can tell me anything and I wont think youre a mug. I understand why you do things the way you do, because I did them once too. #tricksofyourtrade #securityofpayment #building #construction #buildingconstruction

18.01.2022 Another weekend post but I had an INSANELY interesting call with a #subcontractors wife yesterday about licensing and contracts and I had to share. Shout out to the #TWAGs out there, this one is for you . She says to me: ... Michelle, why does this have to be so complicated? All we want to do is comply!!! Ive been to so many training sessions on Contracts and Security of Payment run by [other industry mobs] and I cant understand how they talk. Its all gobbly-gook you forget straight away! Then she said this, which blew my mind: Us wives literally have our husbands licenses in our hands. They trust us with all of the contracts and invoicing while they drive the site work and if we get it wrong we could completely ruin their ability to do what they do! I felt dumb for not empathising with our TWAGs in this way until now, but it is absolutely true. The thirst for knowledge about this stuff is stronger than Ive ever seen it, and Im going to do backflips to contribute in any way I can to make a real difference in this space. #tricksofyourtrade #securityofpayment #constructionindustry #buildingconstruction #construction #building

17.01.2022 #subcontractors heres a thought: if the #builder needs a #contracts manager even though all of the clauses in his #subcontract are drafted in his favour, why doesnt your #business need one? You are, after all, signing the same document. Here the builder is dictating the terms and yet he sees the importance of having a dedicated and trained person tasked with getting that right.... Meanwhile, Subbies say they dont need a contracts person in house because they dont sign enough contracts - as if the only time to look at them is when they are given to you to sign. The crazy thing is, if youre working youre under contract. Every single day circumstances arise that should have you checking your contract to make sure youre compliant, covered and claiming everything youre entitled to. As a business owner contractual awareness is on you. If you cant take this task on yourself, consider outsourcing it to an expert. #tricksofyourtrade #securityofpayment #buildingconstruction #constructionindustry #construction #building

17.01.2022 #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 cant like and share what Im saying because youre worried about the perception that creates with your clients. Ive 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 dont like mine. But at least I have their phone number so I can text them if Ive got something helpful to say I dont care about algorithms and Ill 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

16.01.2022 Love this! Negotiation on equal ground, in a respectful way, egos left at the door. Desired outcome the focus of the priority. Some of you are doing it with home owners, now to get you all doing it with your #builders. #subcontractors #tricksofyourtrade #thesiteshed #constructionindustry #buildingconstruction #construction #building

16.01.2022 Ive been a tiny bit quiet for the best part of a week because Ive been working like a crazy person on some pretty amazing stuff. Ill post a video tomorrow with my tip #2 on how #subcontractors can stand up to their #builders without upsetting the apple cart. In the meantime, if youre interested, take a sneak peek at my COVID pivot project which Im unleashing on the world 30 September. (*eeek!)... https://www.tricksofyourtrade.com.au/toolbox #tricksofyourtrade #securityofpayment #building #construction #buildingindustry #constructionindustry

16.01.2022 #subcontractors...HELP ME help you. I sincerely mean that. This is not a sales pitch. I have access to some of the highest caliber #constructionindustry professionals alive today.... The kind of people who, if they put their heads together, could create real and meaningful change in the industry. But I need to know your pain points, and I'm talking every gory detail... I'm going to be asking you to give a mate a hand in coming months, and it starts with this really simple survey. This is not a data mining exercise, I give you my word that you will not be added to a mailing list. Here is the link to the survey: https://www.tryinteract.com/share//60178c2d5075180016215108 #buildingconstruction #tricksofyourtrade #securityofpayment #builders #construction #subbiestoolbox

15.01.2022 I know it is Sunday, but Im still on a high from last week and I just wanted to share why. Friday I had a fresh enquiry from the other end of the Country. That in itself is cool, but the guy heard about me (and got my mobile number) from someone else also at the other end of the Country...who I had never heard of before!!! The new client said: Michelle I got your number from [other guy Ive never heard of] and he has a mate who has worked with you, and they all say youre t...he only person I should call. #boom !! When word of mouth is that powerful you have to give yourself a pat on the back. *pat pat* The best part about this is that the first guy who handed over my number with good feedback has gone from a terrible situation to absolute relief with a positive (non legal) outcome. And now, off the back of one great outcome, there are 3 Aussie #subcontractors who are willing to change the way they do and think about working with #builders to avoid being ripped off in the future. #tricksofyourtrade #securityofpayment #buildingconstruction #constructionindustry #construction #building

15.01.2022 #subcontractors, how would you deal with a #builder who wont listen to reason? Weve all been there right... Every once in a while youll come across someone entirely unreasonable and bloody minded and theyll play silly buggers with your money until you go mad. Theyll 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 theyll laugh in your face.... These #builders are literally banking on you losing your $hit and if you cant find a way to take the emotion out of it youll 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) dont take it personally. Chalk it up to your quota and move on. #tricksofyourtrade #construction #constructionindustry #building #securityofpayment #buildingconstruction

15.01.2022 #subcontractors this is number 1 of my TOP 10 #unfair #subcontract terms series. This little gem popped up in a builders subcontract a few months ago. If you see this clause in your #builders #subcontract I strongly recommend that you cross out (at least) the sentence starting at "If the Subcontractor fails to comply with the instruction" right through to the end of the clause.... Why is this unfair? Consider what would happen if the #builder instructs you to carry out a variation, and for some reason you dont comply with the instruction within 3 business days. Under this clause, the builder can have others do the variation and back charge you for the cost of having others carry out the instruction - even if the work involved in the instruction was never in your scope in the first place. This clause is number 1 in my top 10 unfair subcontract terms. Keep an eye out for it.

14.01.2022 #subcontractors sending invoices to #builders directly from your accounting software, heed this warning: #tricksofyourtrade #securityofpayment #construction #Building #buildingconstruction #constructionindustry

14.01.2022 Ive never heard of anyone going for a hair cut and saying to the hairdresser hey, if I like the way you cut it today Ill pay next time. So why do people expect professional services consultants to work for free? To have their brains picked... This month, for the first time ever, Ive had nasty reactions from out of the blue enquirers who are shocked and outraged that I charge a fee for my services.... I find this ridiculously ironic, given theyre coming to me for help to...GET PAID !!! I know for a fact that my fee is on average less than 1/4 of what a debt collector charges, and Im well under 1/3 of a lawyers hourly rate. Im actually a giver by nature - gift giving is my love language, so Im generous with my time...if I like you. So it sucks the joy right out of it for me when someone expects me to work for free, and gets pissed off when I wont. Maybe they look at it another way - they feel theyve been wronged and shouldnt have to pay for a solution. To me, thats just an empty rationalisation for them to ask me to subsidise their problem. And the punch line - the poetic twist, is that they should have bugger all confidence engaging someone to get them paid if that person was too dumb to firm up their own fee for the service. #securityofpayment

13.01.2022 #subcontractors: if #builders want you to comply with the head #contract so desperately, why do they get their knickers all twisted when you give them a Notice of Delay? Or an EOT claim? Or a compliant Notice of Variation, and a Notice of Delay with it while you twiddle your thumbs waiting for the Builders written direction??... Why do they have three part notice provisions for an EOT claim (if youre lucky its only 3 steps) and the last step requires you to give notices of ongoing delay every 2 business days, in a circular process that triggers more and more paperwork for everyone? And when you give these notices, the Foreman phones you and says Mate can you stop sending contractual notices, youre pissing off the CA. (Exact words to a Client of mine last week) Oh and classic, every time you give one you can bet your bum you get a reply that says your notice didnt comply with the clause, so youre not entitled to an EOT. We all know #builders arent that dumb! Its not an accident that it is so hard for you to formally issue this information under the contract. So lets call it what it is: Its all about upholding rights to Liquidated Damages and avoiding paying for varys. #tricksofyourtrade #securityofpayment #buildingconstruction #constructionindustry

11.01.2022 This has been brewing for a while. A word about the subbie flogging mentality in our industry, and why Im willing to put my reputation and my career on the line to build awareness. #tricksofyourtrade #constructionindustry #discrimination #securityofpayment

11.01.2022 If you are an Aussie #subcontractor and you think the system is stacked against you, it is time to find your voice. In this Episode I explain why Subbies are THE most important link in the contractual chain when it comes to construction industry feedback and meaningful legal reform. And, I'm giving you a solution. Tune in.... #tricksofyourtrade #subbiestoolbox #constructionindustry #construction #buildingconstruction #securityofpayment

11.01.2022 #subcontractors as promised, here is the second (of 5) ways you can respond to any #builder that is using derogatory language or bullying tactics towards you without upsetting the apple cart. #tricksofyourtrade #constructionindustry #buildingconstruction #construction #building #securityofpayment #discrimination #bluecollardiscrimination

10.01.2022 Another day, another money grab strategy from Tier 2 commercial builders. These guys are obviously really feeling the pinch and the conduct is undeniably premeditated. #subcontractors, have you spotted this one in your scope of works yet?... #buildingconstruction #tricksofyourtrade #securityofpayment

09.01.2022 #subcontractors Im not crazy about ABN workers. To me, they enjoy all of the fiscal benefits of business status but arent really running a business. I also think you rely on them too much, to your detriment.... Heres why: 1) they dont share your contractual risk, or statutory defects period (because you never hold retentions and rarely sign proper contracts with them ). 2) they dont 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 cant be sure & its on you to withhold if they are really an employee (ie: if your sham contract doesnt 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) theyll enjoy ongoing work from the steady work youre quoting, winning and warrantying. 5) They rarely hold and pay for their own licence, in some instances because they cant meet the qualifications, or fit and proper criteria. 6) you get zero subsidies or grants to employ them and youre actually disincentivised to train them because they can leave you for the competition without notice (or become the competition). #tricksofyourtrade #constructionindustry #construction

09.01.2022 #subcontractors if you are sending your #paymentclaims to #builders in excel or any native file format: read this. You’ll probably be just fine doing this until one day you don’t get paid. The type of file itself won’t invalidate your claim. ... The problem is, you risk not providing a true copy of your payment claim to an Adjudicator in your adjudication application. When you print or PDF your claim, inevitability you’ll need to change some column sizes to print it nicely on the page, you risk losing some data. You might have hidden columns that you don’t think are important, maybe you don’t include every worksheet. It is difficult to prove exactly what the file was when it was sent to the builder. There is some case law floating around that the payment claim needs to be ‘a copy of’ what was sent, and the lawyers for the builder will argue that you didn’t give a true copy in your application. Avoid the time, worry and money having this fight by just PDF’ing your payment claim before you send it to the builder. #securityofpayment #tricksofyourtrade #constructionindustry #building #buildingconstruction

08.01.2022 #subcontractors print this #unfair #contract term number 4 out and stick it to your forehead because I want to make sure you know it when you see it! You should never never never sign up to this clause. It makes my skin crawl to imagine how the conversation around the boardroom table went down when these #builders asked to have this clause included in their #subcontract document.... In essence - these builders want the right to take work out of your scope (which could include all of the remaining work in your scope) and because youre a nice guy, you agree to let him keep your materials, plant and machinery for as long as he needs it in order to complete the taken out work, at a cost worn by you. If youre a #rigging company, how long can you pay for someone elses crane before you go broke? Stay tuned for unfair contract term number 4 Part 2 which Ill be posting on Monday - if youre not already annoyed at this slimy clause you wait till you see how these builders want to value the credit you need to give them for the privilege of having them take the work out of your Subcontract in the first place. #tricksofyourtrade #securityofpayment #constructionindustry #construction #buidingindustry #building #builders

07.01.2022 #subcontractors... is the mug offering you the carrot to win the job in the first place the same guy holding the stick if he cocks it all up? When I was a very green CA working for a Tier 2 #builder, I learnt the hard way that the most costly mistake I could make was forgetting to write something in a Subbies scope of works. #Builders call it "un-let scope".... If I did, I had to fess up to the boss man that my trade letting budget for that trade was cactus and I had to find the money elsewhere. Getting Subbies paid for varys on those jobs was pushing $hit up a hill. No lie. There were times where I simply did not have the authority to get my guys paid and Im ashamed to say that some Subbies got ripped off on my projects. That kind of thing follows you around, in conscience AND in reputation in this small-big industry that we work in. I can see this behavior in a builder a mile away now, because I lived through it myself. If a CA promises you something but you dont it get squared away under the Contract, I can promise you that he/she probably doesnt have the authority to make good on that promise, even if they mean it at the time. #tricksofyourtrade #securityofpayment #constructionindustry #buildingconstruction #building #construction #builders

06.01.2022 #subcontractors have you received a letter from your #builders liquidator and you can't make head nor tail of what it means? This week in my #podcast I deep dive into preference payments and the PPSR with Special Counsel Peter Mills of Active Law, to discuss practical steps you can take right now to protect yourself from preference payments. #tricksofyourtrade #constructionindustry #construction #buildingconstruction #securityofpayment #building #gettingpaid #stayingpaid #ppsr

06.01.2022 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 cant see her. You can still effectively be served even if your eyes are closed Whats worse is - you are so confused about whether you have been served that you dont 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. Wouldnt 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 builders registered business address. You can find this by doing a $9 ASIC search on the ASIC website. #tricksofyourtrade #securityofpayment #building #constructionindustry #construction

04.01.2022 A celebration post for the Client who won his Adjudication but the Builder didnt pay - he got his money (finally). If anyone has ever been through an Adjudication and won, youll understand the emotional rollercoaster ride. To still not be paid ... is just devastating. Our Client kept his cool and his wits about him and got there in the end.... #securityofpayment #subcontractors #tricksofyourtrade #buildingindustry #constructionindustry #building #builders #construction

04.01.2022 #subcontractors if your #builder is asking you to amend your tax invoice to match his #payment schedule before he will pay, you need to watch this video. #tricksofyourtrade #securityofpayment #construction #building #buildingconstruction #constructionindustry

04.01.2022 #subcontractors do you know what a jurisdictional issue is? Im betting a big fat NOWAY -and thats assuming you havent 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 havent 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 dont need to be an expert at this stuff - you just need to have a systematic approach. #constructionindustry #buildingconstruction #tricksofyourtrade #building #construction