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What are the sub-contractors rights to programme i.e. resources, EOT and delays due to other trades?
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Hi Michael,
Normally, sub-contracts rights should be the same as the contractor especially if the contract is a back to back contract, meaning the conditions of the contract are exactly the same as the Contractor.
Yes, it is all about the agreement but in general, most subcontract agreements assign mutual right and responsibilities. Here we mostly use use any of the folowing two standard forms of Subcontract Agreement, the AIA (American Institute of Architects) forms or the AGC (The Associated General Contractors of America) forms.
For a sample of an AIA agreement: http://academics.triton.edu/faculty/fheitzman/A401%20-%20Contractor%20-%...
For a sample of the AGC agreement: http://books.google.com.pr/books?id=YUwtxCN-eXIC&pg=PA1085&lpg=PA1085&dq...
Look for the equivalent models commonly used in your practice.
Best Regards,
Rafael
Dear Michael:
It depends on the following points:
thanks with a best regards.
Hi Michael
A sub-contractor has no contractual relationship with the other sub-contractors so his route to redress is solely to the main contractor.
The usual cause of sub-contract delay is not being given access because the preceeding sub-contractor has not vacated the work front.
Check the sub-contract clause relating to denial of access as this will be the most direct route.
This situation is the only one where the As Planned v As Built method works in delay analysis.
Keep meticulous records and send up to date notices at least once a week.
Best regards
NMike Testro
Dear Michael,
Usually we put a not in the subcontractors agreement stating that the coordination of works at site between the subcontractors is their responsibility.
Like the guys said, it depends on your Contract.
In any case, you need to document these delays and report them periodically as per the CoC requirements. Thenk you can follow up and claim your rights per CoC.
With kind regards,
Samer
Dear Michael,
Usually we put a not in the subcontractors agreement stating that the coordination of works at site between the subcontractors is their responsibility.
Like the guys said, it depends on your Contract.
In any case, you need to document these delays and report them periodically as per the CoC requirements. Thenk you can follow up and claim your rights per CoC.
With kind regards,
Samer
In most cases, the contract between your company (the Subcontractor) and the one you are contracting with (the General Contractor) determines your rights. If it says that the General Contractor is responsible for preventing interference between the trades that it contracts with, then you are covered. Sometimes the contract says that you are responsible for your own coordination (that is bad.)
The contract language does not automatically extend to others that may also have contracts with the General Contractor. In general, your contract does not ‘flow-over’ to other contracts. This makes it very difficult for you to recover damages from other trades or even the Owner of the project. You have to follow your contract language and recover damages from the General Contractor (if the contract allows for this.) Good luck!
Michael,
One of the Multiplex cases in 2008 or 2009 covered this. Multiplex tried to deny details of variations and EOTs to its subcontractors and was made to look like a right charley!
Best Regards
Email: PPadmin@planningplanet.com
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