The Subbies' Toolbox Podcast

In this episode of The Tricks of Your Trade podcast, we delve into a crucial aspect of builder's contracts that often goes unnoticed but can have significant financial implications.

We shine a spotlight on the "cross contract set off" or "set offs" clauses, also known as "Other Monies Due" clauses in the Australian Standards. These seemingly innocuous clauses can pose a grave danger to contractors and subcontractors alike.

The inclusion of the phrase "otherwise than under the contract" grants builders the power to halt payments across all your projects, not just the current one, for claims made under the existing contract. This means that not only can the builder cease paying your claims for work carried out, but they can also absorb your retention funds from other projects.

One of the most frustrating aspects is that you can only pursue adjudication to recover these amounts on an individual contract basis. In other words, you are unable to consolidate all the contract disputes to have a single adjudicator decide on them. This limitation can result in expensive and time-consuming debt recovery processes. The episode also sheds light on the potential complications arising from signing a Parent Company Guarantee or a Director's Guarantee.

The inclusion of a cross contract deductions clause can have a ripple effect on these agreements and create a myriad of legal and financial challenges.

Tune in to this eye-opening episode of The Tricks of Your Trade podcast to gain valuable insights into the dangers posed by cross contract deductions clauses in builder's contracts.

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In this episode of Tricks of Your Trade Podcast, we tackle a tough truth that may be difficult for subcontractors to hear. We dive deep into the world of insolvent builders and why, in many instances, it's actually in your best interests if they fall on their sword sooner rather than later. Join us as we explore the reasons behind builders' reluctance to admit defeat and how it can end up costing you money and increasing risks along the way. Get ready to uncover the hidden truths and gain a fresh perspective on an important aspect of the construction industry.

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If you're a subcontractor in the construction industry, it's important to keep an eye out for signs that your builder might be struggling financially. In this episode, I discuss the top 10 signs to watch out for, and what they could mean for your business. I also provide practical tips for assessing the situation and protecting yourself in case of a builder's insolvency.

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In this episode of Tricks of your Trade, I'm sharing my tips for prioritizing contract departures when negotiating with your builder. Instead of getting lost in legal jargon and clauses, I take a practical approach to help you identify what's really important for your project.

Here are the key takeaways:

Thanks for listening to the Tricks of your Trade podcast, and don't forget to tune in next time for more trade secrets!

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If your builder has just gone broke, you have a window of opportunity to negotiate a payment and some terms to complete the job with the principal. If you go into this negotiation the stress ball emotional wreck you understandably are, there’s a good chance you might agree to terms that don’t work for you. In this episode of the Tricks of Your Trade Podcast, I drill down on the four leverage indicators you need to consider before you go into this negotiation.

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If you are a subcontractor working for commercial builders, and you supply materials and equipment for your trade work, you need to be on the lookout for the Supplier Warranty Deed.

If your builder’s includes one of these deeds, you might find yourself the meat between the builder and your supplier when the builder asks you to convince the supplier to sign their big scary deed at the end of the job.

Tune into the episode for more details.

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Non-union subcontractors may be cheaper, but do they really provide the same quality and value as union subcontractors? Find out in this week’s podcast with special guest, Tim Dive!

"The best thing you can do in my book, the best thing any company can do is remain in control of your business as much as you can." - Tim Dive

In this podcast episode, Tim shares how unions gain access to workers and how companies can protect themselves from the unions. He also shares how unions can impose orders and control how the agreement works, and divisions that can be caused between workers and management.

In this episode, Tim and I chat about:

1. How unions are using the Fair Work Act to gain control of businesses and industries.
2. How to challenge unions when they come on-site without a permit.
3. What small businesses need to know about multi-enterprise bargaining and exclusions in the construction industry.

Learn more about Tim Dive at >>  www.workplaceas.com

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Today I'm interviewing Cian Brennan, CEO of Quantum Contracting Solutions. With a background working for tier 1 contractors, and qualifications in engineering and construction management Cian Brennan has witnessed first hand what goes on behind closed doors in the contractor's camp, and how they deal with subbie administration.

Cian Brennan's Youtube Channel: https://www.youtube.com/channel/UCLrQJhXFso-EeDnebvW_uXQ

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Welcome to our special guest Tim Dive from Workplace Advisory Specialists. In this episode we discuss the best type of Contract for an ABN worker, and the common ways subcontracting businesses come unstuck when hiring labour that doesn’t want to go on the payroll. If you would like to contact Tim for more information, Tim’s details are below: Tim Dive Director - Workplace Advisory Specialists [email protected] www.workplaceas.com Ph: 0415 710 174

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What to do if you're builder is directing you to build something you know doesn't comply with the National Construction Code.

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