Blog

20th February 2020

Watch out! Don't lose your rights

Did you know there are sneaky provisions in contracts that mean you - as a Sub-Contractor - could lose a right to compensation even when it is not your fault if you miss a deadline for giving a notice?

Commonly known as 'conditions precedent' we're seeing them being used more and more in the construction sector. And they are not always obvious. Take this one for example:

"Following receipt by the Sub-Contractor of a written order or instruction to carry out a variation, before carrying out the variation and for any additional payment or extension of time in respect of such variation, provided always that the Sub-Contractor shall, immediately submit to the Contractor a written estimate of the value of the variation (including any direct loss and/or expense) and the length of any extension of time required as a result of the variation, the Sub-Contract will be adjusted otherwise no such claim will be owed."

If you are a Sub-Contractor signing a contract which includes conditions precedent, how could you end up losing out? Say you suffer delay here, which would entitle you to extra time and money. If you failed to notify the Client that this adjustment would be necessary "immediately" - perhaps it takes you a week to notify them due to a heavy workload and deadlines to meet - you would miss out on thousands of pounds because you will have missed a contractual deadline. You may even be treated as liable to the contractor for his delay. Tough gig!

Minimise the risk - seek specialist Contract Vetting advice

It could be the case that putting simple checks in place during the work means that conditions precedent are not a problem - but it's better if you can spot them early and negotiate more favourable terms.

That's exactly where Quantum CPM (Cost and Project Management) will help. Our specialist Contract Vetting services will help you bust the jargon and flag up any areas within a contract that Sub-Contractors should be wary of. And our service is not just about conditions precedent - we will help you to ensure contracts can be administered properly so you can get paid, have you account agreed, and make a profit.

Contract Vetting is part of a full range of professional services that we provide to Sub-Contractors that are vital to the success of any construction project. These professional services range from the measurement and valuation of construction work, to administering contractual terms, appraisal and reporting of the progress of works for application for payment. Book a free initial consultation

Accessing Quantum CPM's Contract Vetting service is easy with a free initial consultation with no obligation. We provide you with a fixed price quote to vet the contract at any time, so you can avoid any unexpected costs both before and after the submission of tender. To arrange a free consultation, please all Quantum CPM on 0161 974 6655 or email .

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