The Subbies' Toolbox Podcast

Could banning cash retentions actually create a bigger problem for subcontractors? 

In this episode of The Subbies Toolbox Podcast, Michelle Cirson takes a look at the push to ban cash retentions in construction and what that conversation could mean for Australian subcontractors. 

Retentions have been causing problems in the industry for years. They get caught up in payment disputes, left sitting upstream long after the work is finished and can become low-hanging fruit when a relationship with a builder goes sideways. 

But removing cash retentions isn't necessarily as simple as it sounds. If builders still require security, subbies could find themselves being asked for bank guarantees, insurance bonds or Director's Guarantees instead. 

In this episode, you'll learn: 

Australian Government working groups at both a State and Federal level are looking at ways to make construction businesses more solvent and reliable - and retentions are an obvious band-aid. But looking at banning retentions in isolation to the requirements of upstream parties to provide security to their financiers is short sighted, and could result in subcontractors signing up to more risky types of security, with harsher consequences if recourse is sought.

Listen to Episode #21 of The Subbies Toolbox Podcast to understand the bigger picture before assuming a ban on cash retentions would automatically be a win for subbies. 

The Subbies Toolbox Membership gives subbies practical tools and support to manage builders' contracts, protect cashflow and deal with these issues before they become expensive disputes. 

Resources 

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About the Host   

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.   

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au 

In this episode of The Subbies Toolbox Podcast, Michelle Cirson looks at the maximum payment due dates that apply to subcontractors around Australia, and the rules many subbies don’t realise are sitting in special laws created to get Subcontractors paid. Those laws are called "Security of Payment" laws, and they override terms in your builder's contract that try to pay you later. 

For Australian subcontractors who think 45 days EOM is "industry standard", - that's not actually true.

Longer payment terms tie up your cashflow, and sometimes subbies keep accepting them simply because that’s how a long-term builder relationship has always worked. 

Michelle walks through the different position across each state and territory, what happens when a contract tries to push payment beyond the statutory maximum, and the importance of understanding when the payment clock actually starts. 

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Listen to the full episode, then download the Maximum Due Dates summary here: 

DOWNLOAD SUMMARY HERE

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

What if paying a fee to get your progress claim sooner is actually helping your builder pay you later? 

In this episode of The Subbies Toolbox Podcast, Michelle Cirson takes a closer look at early payment platforms being used in commercial construction and the questions Australian subcontractors should be asking before signing up. 

Michelle explains what she has seen through contract reviews and what Subbies Toolbox members have experienced when using these payment arrangements. She unpacks the potential risks sitting behind what can look like a handy cashflow solution, including: guarantees, payment timeframes, and the possibility of builders benefiting financially from the arrangement. 

In this episode, you'll learn: 

There can be a genuine commercial reason to use early payment finance. The important bit is knowing what you've signed up to, what it's costing you and who else benefits from the arrangement. 

If you're an Australian subcontractor working in Commercial Construction, this episode will give you plenty to think about before you automatically click the early payment option. 

Listen to Episode 19 of The Subbies Toolbox Podcast, and for more practical support managing contracts, payments and commercial risk, check out The Subbies Toolbox Membership. 

Resources 

Get Your Fix on Social Media  

Rate and Review the Podcast 

About the Host   

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.   

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au 

Getting paid isn’t just about sending an invoice and chasing it when it’s overdue.

In this episode of The Subbies Toolbox Podcast, Michelle Cirson breaks down what should actually go into an Accounts Receivable Escalation Procedure (AREP), and how it should work alongside the Security of Payment laws in your state or territory.

From getting your payment claim right in the first place, through to payment schedules, second opportunity notices, adjudication and suspension, Michelle explains why the timing and order of each step matters.

Michelle also shares what happened when a Subbies Toolbox Member relied on AI for advice about a Security of Payment deadline, and why these processes aren’t always as straightforward as they look. Thankfully it was picked up before the subbie got too far down the track.

In this episode, you’ll learn:

• What an Accounts Receivable Escalation Procedure should cover

• Why your reference date and payment claim matter from day one

• Why getting a payment schedule from your builder can work in your favour

• How Security of Payment processes differ between states and territories

• Why Michelle recommends claiming everything completed less what has actually been paid into your bank account

• Why letters of demand and debt collectors usually aren’t Michelle’s first choice for construction debts

The point of an AREP isn’t to become more contractual with your builders. It’s to have a calm, consistent process already sitting there when payment goes sideways, so you know what happens next and don’t lose valuable rights while trying to work it out under pressure.

If your business doesn’t have an Accounts Receivable Escalation Procedure yet, this episode is a good place to start.

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

What happens when proving you're right ends up costing more than the dispute itself?

In this episode of The Subbies Toolbox Podcast, Michelle Cirson explores the real cost of fighting "on principle" and why taking the emotion out of a dispute can often lead to better commercial outcomes.

Using a high-profile legal case and a real construction dispute involving millions of dollars, Michelle explains how emotionally driven decisions can distract subcontractors from the processes that actually protect their cashflow and legal position.

In this episode, you'll learn:

If you've ever found yourself saying, "It's the principle of it," this episode will help you take a step back, think strategically and focus on protecting your business.

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

This week on The Subbies Toolbox Podcast, Michelle shares the story behind a social media post that sparked plenty of debate across the construction industry.

Drawing on her years working inside builder organisations as a Contract Administrator, Michelle opens up about mistakes she made, decisions she witnessed, and the uncomfortable truth about relying on builder staff to protect your business.

If you've ever believed that having a good relationship with the builder's CA, Project Manager or Commercial Manager will keep you safe, this episode challenges that thinking.

Michelle explains why staff inside building companies have their own pressures, priorities and incentives, and why your business can't depend on someone else's decision-making.

In this episode you'll learn:

The biggest lesson is simple.

No one inside a builder's office is more responsible for your profitability than you are.

If you want a stronger subcontracting business, your systems, pricing and financial decisions need to stand on their own.

Download our free guide: How to Claim Cost Increases Under Fixed Price Contracts

https://www.subbiestoolbox.com.au/cost

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

This week on The Subbies Toolbox Podcast, I'm talking about a topic that catches a lot of Aussie Subbies out when cashflow gets tight: debt collectors.

When a builder isn't paying, bringing in a debt collector can feel like the obvious next step. But before you hand over 18% to 25% of your debt, there are a few things you need to know.

In this episode, I explain how debt collectors actually operate, why they often aren't the best option for Australian Subcontractors, and how they can accidentally interfere with your ability to use Security of Payment legislation.

We also unpack the difference between a letter of demand and a compliant payment claim, why so many businesses are relying on outdated debt recovery systems, and how a proper accounts receivable escalation procedure can dramatically improve your chances of getting paid.

In this episode:

• How debt collectors make their money
• The hidden risks of debt collection agreements
• Why letters of demand often achieve very little
• Common mistakes subcontractors make with payment claims
• How Security of Payment laws can help you recover money faster
• The importance of a compliant accounts receivable escalation procedure
• What Aussie Subbies should do before engaging a debt collector 

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

This week on The Subbies Toolbox Podcast, I'm unpacking one of the most frustrating situations subcontractors face in commercial construction. 

What happens when a builder tells you they can't pay? 

More importantly, what happens when they offer you a deal instead? 

After a recent conversation with excavation contractor Jimmy Starbuck, I found myself reflecting on a story that will sound familiar to many Aussie subbies. A developer convinced multiple subcontractors and suppliers to keep working despite not being paid, relying on the promise that everyone would get looked after at the end. 

It raises an important question. 

When a builder says they're going broke, should you believe them? 

In this episode, I explain how deeds of release are commonly used to settle debts, the warning signs subcontractors should be watching for, and why relying on the insolvency system as your safety net is rarely a winning strategy. 

We also talk about trade credit insurance, accounts receivable escalation procedures, and how to position yourself so you're making decisions from a place of strength instead of fear. 

In this episode: 

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

This week on The Subbies Toolbox Podcast, Michelle breaks down how subcontractors are successfully getting paid deposits for offsite goods without handing over bank guarantees.

From lift subcontractors and structural steel, through to specialist imported equipment, this episode unpacks the commercial logic builders actually respond to when negotiating deposits.

Michelle explains why bank guarantees often don’t solve the real problem for builders anyway, and how smart subcontractors are using deeds of ownership, PPS registrations, insurance arrangements and logic-based assurances to protect both parties while improving cashflow.

If you’ve ever been told “we can only pay a deposit if you give us a bank guarantee”, this episode will help you understand the alternatives and how to pitch them properly.

In this episode:

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Get Free Checklists, Templates and guides here www.subbiestoolbox.com.au

Free Download - How to Claim Cost Increases Under a Fixed Price Contract

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au

This week on The Subbies Toolbox Podcast, Michelle Cirson breaks down one of the most misunderstood contract models in Commercial Construction — schedule of rates contracts. 

At face value, these contracts can look flexible and straightforward. But in reality, they can quietly lock Aussie Subbies into long-term obligations, outdated pricing, unclear project durations and impossible practical completion dates. 

Michelle shares real project examples from both builder-side and subcontractor-side experience to explain how schedule of rates contracts are being used across major civil and infrastructure projects, and the hidden risks subcontractors need to watch before signing. 

Inside this episode, we cover: 

If you’ve ever signed a schedule of rates contract assuming you were getting the whole project, this episode is worth a listen before your next negotiation. 

Tired of builders pushing you around? Arm yourself with the Subbies' Toolbox Membership

Want to negotiate better contract terms? Explore Negotiation School

Free Download - How to Claim Cost Increases Under a Fixed Price Contract

Follow Michelle on Linked In - HERE 

Follow Michelle on Instagram - HERE

Follow Michelle on Facebook - HERE 

If you like what you’re hearing on The Subbies’ Toolbox Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.

If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au