As its getting nearer to Christmas I thought I’d trot out one or two of our favourite old chestnuts…
It’s a very old one……
Get your notices in writing!
If I had a pound for every time we’ve had to tell a contractor or subcontractor did you send them a notice under the contract that you were in delay, that it was a variation, that you haven’t got this vital piece of information…..well, I’d be a rich man and not sitting here on a cold, dark and foggy December night writing this!
It doesn’t have to be anything elaborate, confrontational or quoting the contract clauses verbatim. What it simply has to do is quote the facts of the situation. Record the current position, nothing more, nothing less.
Simple!
Keep it up-to-date too, tell the other party if things have improved or got worse, have a dialogue you’ll be surprised what it may bring out. If it brings out the worst, well then you know where you stand a lot earlier that if you let matters drift. You could end up with a serious financial penalty that could perhaps have been avoided.
Then why don’t we do it?
Not enough time, afraid of offending the other side, not sure what or how to say it, think you are in the wrong too, or something else? Then pick up the phone and talk to your counterpart, tell them the situation and that you are going to drop them a line as a result recording it. At least they will know its coming.
If you cannot do that then ask me to do it for you, I’d be only too pleased to help!
A relevant case if you are interested in reading more is Steria Limited v Sigma Wireless Communications limited, or have a read of our briefing paper (number 1 on the list, now there’s some irony!)
Derek Mynott's Blog 