The following articles are part of Michael Gerard’s monthly column in the Leicestershire Builder magazine.

I am at my wits end with a customer, and just don’t know what to do

Wits end with a customer Problem: Firstly, a bit of background information.  I am a builder, sole trader, with no employees and use subbies as and when needed and have built up a great reputation since starting out by myself in 2008.  In May 2019, I provided a quotation to carry out some building works on a house (owned by a husband and wife).  My quote set out the price for the work, the scope...
Read More

Can you please explain how the JCT Minor Works 2016 actually works?

JCT Minor Works 2016 – Please Explain! Problem: My building company specialises in refurbishment and our client base is a mixture of local authority work and private developers.  Most of the time when the company receive orders for work, it is just a purchase order with a few pages of terms and conditions.  Occasionally, a purchase order refers to the JCT Minor Works insofar that the terms and conditions of contract apply, and sometimes a...
Read More

How to I minimise risk when taking on larger civil engineering projects?

Minimising risk Problem:  I run a smallish civil engineering contractor.  I started up the company in 2009, although I had little choice as the company I was working for at the time ceased trading due to the credit crunch.  Since then, my own company has grown organically and is now turning over around £2 million per year. Most of our work is one-off bespoke dwellings and small residential and industrial developments.  Over the last 18...
Read More

Can a contractor withhold retention on a project we are only supplying a product to?

What are the rules on retention? Problem:  Could you advise us if we should be allowing a contractor to withhold retention on a project which we are only supplying a product to? We have not yet accepted the order from the contractor because of the retention clause in the contractor’s terms and conditions, although we do not want to lose this order as the value is for around £90,000.  The retention amount is 4% and...
Read More

Insurances required for self-build projects in the UK

Building our dream home and need to know which insurances we need throughout the project Problem:  After some time searching, in 2017 my wife and I finally found and purchased some land in Leicestershire, which meant our dream to design and build our home, would become a reality. We engaged a brilliant architect, and although planning was not quite plain-sailing, permission was eventually granted earlier this year.  We are still at the pre-construction stage, but...
Read More

I have an adjudicator’s decision, but still no payment!

Client ordered to pay monies owed on building work ‘forthwith’ but they are still refusing to pay Problem:  My company has recently been successful in an adjudication, but still the payer will not make payment! I am the managing quantity surveyor for a building company, and earlier this year we completed a development for a client.  However, the company’s final payment application was severely reduced by the client’s own in-house team, and despite a couple...
Read More

Obtaining payment for construction work when only part is in dispute

Client refuses to pay outstanding monies until we agree high set-off for damages Problem:  I am the commercial director of a roof truss manufacture.  Late last year, we were approached by a new client-contractor who requested us to price for the design, manufacture, supply and installation of engineered roof trusses for a nursing care village.  We provided a price and within a few days the client forwarded to us the acceptance form, duly signed. Our...
Read More

Pre-Action Protocol; what it is and how to respond

Receiving a letter of claim from a contractor we fell out with Problem:  My company is a contractor that specialises in drylining where we employ self-employed operatives who are paid on a measured basis.  From time-to-time, we are also requested to carry out traditional plastering work, but because this only forms a small amount of our business, we contract this element out to other contractors. On a project we were involved with in 2018, we...
Read More

Claim for alleged defect in work

Billed for supposedly incorrect work but not given an opportunity to rectify Problem:  I had been working on job for a main contractor for about 5 months up until January 2019, which had been going well, with no problems on payment.  I had been working without a written order or agreement, although the work itself was given to me in a piece meal fashion, with the price for each piece of work being agreed prior...
Read More

Single source of responsibility or a series of direct contacts?

Interior designer to directly hire a contractor – where does responsibility lie? Problem:  Although I work overseas, I have 2 investment properties in Leicester.  One of the properties, a flat just outside the city, was recently vacated by a long-term tenant, and I have now decided to sell. Before I market the flat, I plan to renovate it, so I have engaged an interior designer to undertake the design and also manage the refurbishment works....
Read More
1 2 3 6
Top