In episode 76 of The Subcontractors Blueprint podcast, host Jacob Austin is talking about Contra Charges in the construction industry. Jacob explains that contra charges are common law mechanisms to address damage or breaches of contract, not punitive measures. He covers key points such as the definition and context of contra charges, common reasons they occur, and the burden of proof required for disputes. Jacob also provides practical advice on handling contra charges, including maintaining detailed records, requesting evidence, and negotiating settlements. The episode emphasises proactive risk management and collaborative solutions to mitigate the impact of contra charges on subcontractors.

KEY TAKEAWAYS:

• Definition and context of contra charges in the construction industry.
• The burden of proof required for main contractors to justify contra charges.
• Practical advice for subcontractors on managing contra charges effectively.
• Emphasis on thorough documentation and communication throughout projects.
• Encouragement for subcontractors to be proactive in resolving issues to avoid formal contra charges.

BEST MOMENTS:

"If there's a charge, the chances are they've had to arrange for corrective works, or they've incurred some costs due to a problem that you have caused."

"The JCT forms, for example, literally don't say the word contra charge."

"The contractor has got to establish that there has been something that you've done that's contrary to the contract, or perhaps you failed to do something that you are obliged to do."

"Consider a pragmatic settlement. If the amount seems fair, or if you know that your team was at fault, dragging out the dispute probably isn't going to help."

"Documentation is your best friend. Firstly, knowing what your order documents say. But then those site documents, the photos, the diaries, the email trails, your program and progress monitoring."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 75 of The Subcontractors Blueprint podcast, host Jacob Austin discusses the crucial topic of extensions of time clauses in construction contracts. He explains how these clauses protect subcontractors from liquidated damages and help manage project delays. Jacob provides practical advice on the procedures for applying for extensions, identifying relevant events, and understanding the implications of concurrency and time at large. He emphasises the importance of timely notifications, comprehensive record-keeping, and effective communication. This episode aims to equip subcontractors with the knowledge to enhance profitability, improve cash flow, and ensure business growth.

KEY TAKEAWAYS:

• Importance of extensions of time (EOT) clauses in construction contracts for subcontractors.
• Protection against liquidated damages due to project delays.
• Necessity of timely notification to contractors regarding potential delays.
• Importance of maintaining accurate and comprehensive records of delays.
• Procedures for applying for extensions of time and relevant events that justify them.

BEST MOMENTS:

"Liquidated damages are actually quite useful because it puts a finite answer on what that cost is, so that you can manage the risk accordingly."

"The extension of time procedure and the liquidated damages themselves are there to avoid that messy process and help all parties manage the risk and understand where they stand."

"If the delay is a natural event, as in something like the weather or something that is in nobody's control, then you would be entitled to more time, but you wouldn't be paid for the time."

"When you realise a delay is occurring or likely to occur, you have to give a notice."

"The notice serves a valuable purpose; it allows everyone to investigate and take records whilst memories are fresh."

"Concurrency is really difficult to prove, and it is also genuinely quite rare for there to be two overlapping events with equal effects that run genuinely concurrently."

Link to episode 14 referred to in this episode: Episode 14

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 74 of The Subcontractors Blueprint podcast, host Jacob Austin kicks off 2025 by guiding subcontractors through the intricacies of the JCT (Joint Contracts Tribunal) standard building contract. Jacob raises key topics including notices, handling provisional sums, and the timing of variation quotations. Jacob also stresses the critical nature of prompt notifications and meticulous record-keeping. By fostering clear communication and collaboration, subcontractors can navigate contractual complexities and achieve successful project outcomes. This episode is a must-listen for construction business owners aiming to enhance their financial success.

KEY TAKEAWAYS:

• Overview of payment structures under the JCT (Joint Contracts Tribunal) standard building contract.
• Handling of provisional sums and variations in contracts.
• Importance of proper documentation and communication.
• Valuing variations and establishing fair rates for new work.
• Emphasis on collaboration between subcontractors and contractors for successful project outcomes.

BEST MOMENTS:

"Reading clauses on payment can feel about as fun as a trip to the dentist. But this is about the most important part of the subcontract."

"From a subcontractor's perspective, having a good site record and keeping a watchful eye on your productivity is essential as well as a detailed remeasure of the finished job."

"For defined provisional sums, the tender documentation must provide enough detail about the nature, location, and the requirements of the item."

"If you are being delayed or disrupted, you have to notify the contractor promptly. This is a warning to tell them, look, something's going wrong."

"A collaborative approach is the best way when it comes to construction. We're all usually trying to build something in challenging situations."

"The subcontract entitlements that we've discussed today are a framework to underpin that collaboration rather than work against it."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links