The Subcontract Brief

The Subcontract Brief

By Mat Kennedy | Construction ContractsBusiness
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The Subcontract Brief episodes

  • Do you need a lawyer to adjudicate? (No.)

    Short answer: no. Adjudication was built so subbies could get paid without a court battle. A lawyer can cost $3K to $5K just to assess everything, which makes no sense when the builder is simply sitting on your money.

    When a lawyer is worth it, why the Act is strict on steps and deadlines, and the three ways to run an adjudication: yourself, with help, or with a lawyer. Most decisions land in 10 to 15 business days, depending on your state.

    Free tools, no account:
    Subcontract Risk Scanner: https://review.theconstructioncontracts.co
    Payment deadlines by state: https://review.theconstructioncontracts.co/deadlines
    The book, Screwed Down: https://www.amazon.com.au/dp/B0HJL1P9WF

    Watch on YouTube: https://www.youtube.com/watch?v=eX-iezrxKcY

    General information only, not legal advice.

    6 min
  • What happens when nobody runs the site?

    6am, Monday, on site, and nobody had asked me to be there. The site manager was on holidays, the PM was interstate, and no one had decided who covered the site. The roofer was turning up at 6am with no access arranged.

    I was the contracts administrator on the builder's side, the paperwork guy. This is what one small gap would have cost (a crew standing around, a delay claim, LDs if we missed practical completion), why I stepped in, and why the smallest problems on a job are the ones that snowball.

    Free tools, no account:
    Subcontract Risk Scanner: https://review.theconstructioncontracts.co
    Payment deadlines by state: https://review.theconstructioncontracts.co/deadlines
    The book, Screwed Down: https://www.amazon.com.au/dp/B0HJL1P9WF

    Watch on YouTube: https://www.youtube.com/watch?v=2VKFZHyhWWU

    General information only, not legal advice.

    7 min
  • Why do so many Australian builders go broke?

    3,472 construction companies entered external administration in the year to June 2026, more than any other industry. Here's the business model behind it, who is at the bottom of the queue when a builder collapses, and the three public signals that show before it happens.

    Free tools, no account:
    Subcontract Risk Scanner: https://review.theconstructioncontracts.co
    Payment deadlines by state: https://review.theconstructioncontracts.co/deadlines
    The book, Screwed Down: https://www.amazon.com.au/dp/B0HJL1P9WF

    Watch on YouTube: https://www.youtube.com/watch?v=m0OTtohCev8

    General information only, not legal advice.

    4 min
  • What builders do to subcontractors (from the guy who did it)

    For four years I administered subcontracts from the builder's side. These are the five moves that took margin off subcontractors, how each one works, and the one sentence that beats it: the levelling call, the hero clause, the time bar, the certificate and month end.

    Free tools, no account:
    Subcontract Risk Scanner: https://review.theconstructioncontracts.co
    Payment deadlines by state: https://review.theconstructioncontracts.co/deadlines
    The book, Screwed Down: https://www.amazon.com.au/dp/B0HJL1P9WF

    Watch on YouTube: https://www.youtube.com/watch?v=4zQV3NhEJiA

    General information only, not legal advice.

    5 min
  • How do builders actually make money? (It's your money)

    Builders make money on the gap between when you get paid and when they do. On a $500k package that gap is about $60,000 of your money, sitting in their account, all job long. Then retention. Then the variations that never got sorted. Multiply it by every trade on the job and that is the builder's working capital: interest free, no security, lent by people who never credit-checked them.

    Four years on the builder's side as a contracts administrator. This is the maths, why the subcontract is written the way it is, and three things that shrink the gap without losing the work.

    Free tools, no account:
    Subcontract Risk Scanner: https://review.theconstructioncontracts.co
    Payment deadlines by state: https://review.theconstructioncontracts.co/deadlines
    The book, Screwed Down: https://www.amazon.com.au/dp/B0HJL1P9WF

    Watch on YouTube: https://www.youtube.com/watch?v=TVGBQ6XZa9w

    General information only, not legal advice.

    5 min
  • The $126,000 Delay That Wasn't Theirs

    A composite story: two ordinary clauses, nine weeks of someone else's delay, and an entitlement that ceased to exist. The contract didn't care who caused the delay - it cared who sent an email by Thursday.

    3 min
  • The 5 Clauses I'd Never Sign Unamended

    From 55 real Australian subcontracts: termination for convenience (90%), set-off without notice (98%), never-ending defects periods, uncapped LDs (83%) and the absolute time bar (100%).

    3 min

About The Subcontract Brief

From the publisher's feed

Short, sharp briefings on Australian construction subcontracts - payment law, time bars, retention, variations and the clauses that quietly move your money. Built from real data: every stat comes from…