The Subcontractors Blueprint

In episode 47 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone delves into the critical obligations subcontractors must understand under the New Engineering Contract (NEC) to ensure profitability, improve cash flow, and grow their business. Key topics include the early warning clause, the necessity of employing competent personnel, adherence to project scope, compliance with health and safety requirements, and meeting key project milestones. Jacob also covers the importance of timely defect correction, payment submissions, and accurate compensation event assessments.

KEY TAKEAWAYS:

Episode 4 - Mastering NEC4: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000635658618

Episode 41 - Managing Change under NEC4: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000654693851

BEST MOMENTS:

"It is a must that you raise early warnings to avoid the effects of this "you should have told me earlier" clause”

"this is the NEC forcing the discussion, forcing you to raise issues that might turn into problems and get around the table to resolve them.”

“We only got paid a small portion of that boarding work, which was roughly what it would have cost to patch some of the bigger holes.”

"The onus is on you here to give enough information to justify how much you want or how much you need."

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 46 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone explores the mindset shift required when transitioning from JCT to NEC projects. Reflecting on a past project that faced challenges due to the rigid NEC approach, Jacob emphasises the importance of understanding the differences between the two contract types. He highlights the necessity of treating the NEC program as a live document and fostering a collaborative environment. Jacob underscores the significance of open communication, good faith, and mutual trust in NEC contracts. He concludes by encouraging SME contractors to adopt a collaborative mindset and subscribe for further insights and support.

KEY TAKEAWAYS:

Episode 4 - Mastering NEC4: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000635658618

Episode 41 - Managing Change under NEC4: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000654693851

BEST MOMENTS:

"It was the commercial relationship that didn't really embody the spirit of the contract."

"When it turns adversarial, the employer will have no hesitation in turning the timescales against you.”

“Some people get a little bit angsty about being overly contractual and oh, I don't like to submit a notice. I don't like to submit an early warning because it's seen by the other party as being aggressive and contractual.”

"Talk to your counterpart in the same way that you would talk to somebody else that you trust and have a frank and honest discussion."

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 45 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone provides essential insights on collateral warranties for subcontractors. He stresses the significance of these warranties in establishing a contractual connection between subcontractors and third parties. Jacob advises subcontractors to meticulously examine the terms of collateral warranties, as they may extend liabilities or impose additional insurance requirements. He also warns of the risks tied to novation clauses and the assignment of warranty benefits. Subcontractors are encouraged to consult legal experts to safeguard their rights and interests when dealing with collateral warranties.

KEY TAKEAWAYS:

BEST MOMENTS:

“So fitness for purpose? Very, very bad. If you see it in a document, you must insist that it is struck out.”

"They don't read like a subcontract and start introducing all manner of rights and obligations, making you liable for elements of your design and sometimes your finished work to a third party that you might never have heard of."

"There have been some colossal hikes in the price of insurances in the last few years, so it's important when you're reading the warranty that where the insurances are mentioned, there is a statement that says as long as that insurance is available at commercially reasonable rates."

"Novation can be a good thing or a bad thing. It depends whether that novation clause contains obligations for the employer to pick up the bill for anything the contractor hasn't paid you."

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 44 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone delves into the subtleties of contractual language, elucidating the legal significance of terms such as "shall," "reasonable endeavours," and "best endeavours," and how they influence contractual obligations. Furthermore, Austin emphasises the crucial importance of design liability limitations, offering guidance to construction business owners on the imperative of delineating these boundaries to ensure adequate insurance coverage for their subcontracting activities.

KEY TAKEAWAYS:

BEST MOMENTS:

“Shall. This is a direct instruction, an obligation for you to do something. And the ramifications then, if you don't, is that you potentially lose an entitlement.”

"By not submitting a notice, you aren't giving the contractor a heads up and the opportunity to do anything about any potential delay, so then you forego your potential entitlement."

"Without disadvantaging yourself and acting within your means, you're going to try and get something done."

"Right there in the black and white of the standard unamended JCT is a requirement for you to leave no stone unturned to prevent the delay of subcontract works."

Episode 24 as refecenced in this episode is available on Apple Podcasts on the following link: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000640967914

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 43 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone discusses a crucial lesson about the importance of following on-site instructions. He recounts a story of a subcontractor facing consequences for refusing to execute additional work, leading to project delays and financial loss. Jacob highlights the necessity for subcontractors to understand their obligations and the circumstances under which they can reject instructions. He also explains the process of issuing instructions, both written and verbal, and the significance of documentation. Additionally, Jacob offers insights into the JCT and NEC contracts' procedures for instructions. He concludes by stressing the importance of compliance with on-site instructions to avoid negative outcomes for subcontractors.

KEY TAKEAWAYS:

BEST MOMENTS:

"Unhappily, in his words, he was being shafted."

“This is where you've got to be incredibly careful, because holding out for agreement on a price or refusing to do something because of you've not been paid the full amount that you thought a previous variation was worth, isn't a valid reason to reject an instruction.”

"This is your warning; if you've already failed to action an instruction and you then receive a seven-day notice telling you to get on with it, if you don’t”…”Then it’s going to start costing you money”

“All of these little bits are extra loss and you could be looking at a fairly hefty bill.”

Unlike JCT.. “There is no procedure under NEC for verbal instructions to be given. So in that instance, if somebody doesn't confirm to you in writing something that they've asked for, then there is no change and there's no compensation event."

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 42 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone dives into the nuances of critical path analysis for effective project management. He elucidates how this technique can streamline subcontractors' projects, ensuring optimal resource allocation and focus on pivotal tasks. With practical examples, like making tea, Jacob breaks down activity dependencies and the use of tools like Excel for critical path planning. He stresses the value of understanding project logic and that unlocking the principles is the key to understanding construction programmes.

KEY TAKEAWAYS:

BEST MOMENTS:

"It can help you identify the most important areas to focus on and allow you to effectively allocate your resources to the most productive tasks, preventing you from wasting resources on tasks that aren't critical."

“True concurrency is actually quite rare because as much as anything else, just what's the chances.”

"Critical path analysis is one of the tools you can use to demonstrate that you've lost time, which is crucial when it comes to proving delay."

“I’m saying teabag too many times now.”

"By doing your critical path analysis, this is going to enable you to plan and resource your work, monitor against it, and inform your next job."

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 41 of The Subcontractors Blueprint podcast, Jacob Austin brought his extensive experience with NEC contracts to the table. We dove into the intricacies of managing changes under the NEC4 suite of contracts. Jacob highlighted the critical distinction between variations and compensation events, emphasising the importance of using precise terminology to ensure clear communication and proper compensation. He also shared his insights on the timing for submitting compensation events, the need for accurate pricing, and the benefits of including assumptions in quotes. His practical advice is a must-hear for subcontractors looking to navigate the NEC4 contracts with confidence.

KEY TAKEAWAYS:

BEST MOMENTS:

It's vital that you get your head into the right frame from the start because you don't want to come to the end of the job and realise, 'Oh, I need another six weeks of time because of all these instructions that have happened.'"

“True concurrency is actually quite rare because as much as anything else, just what's the chances.”

"We're not saying, 'Right, we want an extra ten weeks now,' we're saying we might need some; we don't want to burden you with ten weeks' worth of out-of-hours costs if we don't need it."

"Had I taken that approach with my client, I have no doubt whatsoever that they wouldn't have given me an extra penny."

"It's one of those things that clients love to throw around, especially when they're trying to get something done for free."

For more information on NEC4 contracts, click here listen to Episode 7: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000635658618

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 40 of The Subcontractors Blueprint podcast, Jacob Austin discusses the critical topic of proving extensions of time for subcontractors. He recalls the story of a plastering contractor friend to share a cautionary tale about the challenges and financial repercussions of project delays. Jacob offers practical advice on how subcontractors can safeguard their interests, including the necessity of timely notices and the complexities of critical path analysis. He stresses the importance of maintaining clear records to substantiate claims for extensions of time, aiming to help construction business owners enhance profitability, manage cash flow, and achieve business growth.

KEY TAKEAWAYS:

BEST MOMENTS:

"I couldn't help but feel for him because he's just one of those people that likes to help people out."

“True concurrency is actually quite rare because as much as anything else, just what's the chances.”

“The giving of a notice, particularly when you can do it at the right time, when something can be done about a problem, should be seen as something positive, because you're what you're actually doing is raising somebody's awareness that there's an issue here is going to cause a problem."

"He's always been one of those sort of spit and a handshake kind of guys that he expects that if he does something to help you out, you'll help him out at the right point."

"It really beggars belief the situation that he's found himself in because the contractor, the cheeky bastard, has caused some clear delays to his subcontractor and then he's going about stitching him up for a contribution to his losses.”

For more information on relevant events mentioned in this episode, click here listen to Episode 14: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000635658680 

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 39 of The Subcontractors Blueprint podcast, Jacob Austin delves into the critical topic of final account procedures for subcontractors. Drawing from a friend's challenging experience, Jacob underscores the importance of a thorough understanding of the final account process. He offers expert advice on the content and structuring of final account statements, the intricacies of the JCT contracts, and the best practices for a smooth final account journey. Jacob emphasises the value of regular submissions and preparation for final account meetings, while also clarifying the timelines for submissions, disputes, and payments. His commitment to empowering SME contractors with practical knowledge shines through, as he advocates for knowledge sharing within the subcontracting community.

KEY TAKEAWAYS:

BEST MOMENTS:

"Sadly, he'd not been submitting cumulative valuations properly, and at some point in the job, some of the early variations he completed had dropped off his application.”

"Obviously, that was disappointing for him, and with hindsight, he would do different things."

“On an NEC project, I think this way of working is ideal. And the proviso that this works on is that each time there is a change, there's a compensation event as it's referred to under that subcontract."

"Of course, by the time you finished the job, all of the unknown items should be known, and therefore all of the unknown sums of money should have been firmed up and the provisional sum omitted and a variation added back to cover the piece of work."

"a good way to approach your final account is to include a rolling final account within your regular interim applications, because what you want to happen is for there not to be any surprises when it comes to getting around the table to make that final assessment.”

For more information on Provisional Sums, and other provisional items mentioned in this episode, click here listen to Episode 27: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000643452382

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 38 of The Subcontractors Blueprint podcast, Jacob Austin provides crucial advice for subcontractors on the seven key areas to review before signing a subcontract. He highlights the importance of understanding the financial standing of the contracting party, clear payment terms, and the specifics of price, program, scope of work, design liability, and dispute resolution mechanisms. Jacob stresses the need for a seven-day notice period for payment and the benefits of the adjudication process under the construction act for swift dispute resolution. He urges subcontractors to scrutinise the subcontract for any discrepancies and to consider the long-term effects of the contract's wording. If you enjoy the show, Jacob invites you to share the episode’s insights.

KEY TAKEAWAYS:

BEST MOMENTS:

"Who am I trading with? How long are they going to be around? Because at the end of the day, if you're going to commit to doing some work for somebody, you want to make damn sure that you're going to get paid for it."

"The combination of big inflation and the hike in interest rates have really brought the sale rates of big housing contractors down to a minimum."

"Cash flow is everything. It's also worth noting, if you're working for a contractor and they are themselves working for a small developer or quite a high-risk developer, it would be worth checking your contract to see what the terms say around the contractor paying you."

"You want to remember that you can rely on that if you're not paid; you submit a notice, and seven days later, you can pull off site."

"Going to court to resolve a dispute is a hell of a lot more expensive and time-consuming, and one you want to avoid if you certainly can."

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