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Supplier changed the price despite the agreement but I had no choice. I had to pay it. What can I do?

Supplier changed the price despite the agreement but I had no choice. I had to pay it. What can I do?

We agreed I’d pay $4.00 a tile.  Just before delivery the supplier said they wanted $6.00 a tile.  I had to agree to pay it because they threatened not to deliver.  If they didn’t deliver it would have cost me ‘$1,000 a day in penalties’ plus the client.

Usually, if you are ‘forced to make an agreement’, even if it’s only by financial pressure, the contract won’t stand up.  In this case you,…

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Top 7 - Getting paid for construction variations

Top 7 – Getting paid for construction variations

Top 7 things Australian construction contractors need to know about how to get paid for Variations


1.  What is a variation?  A variation is usually any change to the scope of work.  That is, any change to the work you originally agreed to do. Example You originally agreed to provide white painted doors.  Then, after the agreement was made the builder asked you to provide varnished doors. 2.  

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What are 'Liquidated Damages', 'LDs'?

What are ‘Liquidated Damages’, ‘LDs’?

Usually, #Liquidated Damages, #LD’s are an agreed amount the subcontractor agrees to pay for being late.

eg. The subcontractor might agree to pay $1,000 a day for each day they are late.

They must have been a fair amount when agreed on.

Please contact us if you have any further queries.

All questions are good questions.

Take a look at our website for lots of interesting Q&A’s relevant to you.

www…

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I've hit an unexpected site condition but my contract doesn't protect me. What do I do?

I’ve hit an unexpected site condition but my contract doesn’t protect me. What do I do?

Often contracts have a latent conditions clause.

A latent condition is usually something you encounter unexpectedly, on or under the site.  It might be unusually hard rock or an old pipe.

A latent conditions clause usually tells you defines what a latent condition is and whether you get an extension of time and/or compensation for it.

You might be able to get an extension of time and/or…

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Builder gave me reasons for not paying all my Security of Payments Act claim. How do I get the rest?

Builder gave me reasons for not paying all my Security of Payments Act claim. How do I get the rest?

If the Builder has given you reasons for not paying the total amount of your Security of Payments Act  payment claim (in the form of a valid payment schedule) you can still apply for an adjudication to force them to pay the rest if it is owed.

If this information was helpful please ‘like’ it, make a comment or forward this post or our flyer below to a friend.

Please contact us if you have any…

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Top 7 about Delay & Extension of Time

Top 7 about Delay & Extension of Time

Top 7 about Delay & Extension of Time Extensions of time and compensation for subcontractors building and construction delays1.  When do I have to finish by? Generally, a subcontractor must complete the job when the contract says or within a reasonable time.  Often, your contract will have a date fixed for completion.  This is usually extended if you are slowed down by no fault of your own. If…

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Top 7 - about quality of construction work and materials

Top 7 – about quality of construction work and materials

Top 7 things Australian construction subcontractors need to know about quality of work & materials

1.  A subcontractor’s building and construction work has to be good and workmanlike.   What is good and workmanlike will depend on your unique trade and the circumstances.

2.  A subcontractor’s building and construction work has to be of acceptable quality?  Acceptable quality is a standard of work…

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What's a Latent Condition?

What’s a Latent Condition?

Generally, a latent condition is an unexpected site condition.

It is something discovered on, or under, the site that could not reasonably have been identified by reasonable inquiries before work started.

Latent conditions can be natural or manmade conditions.

For example, it could be an unknown pipe or unusually hard rock. Please let us know if we can help you further.

All questions are good…

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Top 7- How subcontractors can get paid fast

Top 7- How subcontractors can get paid fast

Top 7 tips for Australian construction contractors on how to get paid fast using a Security of Payments Act

1.  Nearly anyone can claim who has provided construction work, goods and services. E.g. Tradespeople-plumbers, tilers, cleaners; Suppliers-garden suppliers, hardware suppliers, plant hirers; Professionals-architects and draftsmen.

2.  Endorse the claim. In most States you need to write on…

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How do I make a claim under a Security of Payments Act?

How do I make a claim under a Security of Payments Act?

You just need to get all the relevant information together so you can make a #SecurityofPaymentsAct #paymentclaim.  You will need things like the contract and invoices etc.

Working out the dates and compiling all the correct documents can get a bit complex.

Please let us know if we can help you further.

All questions are good questions at:  www.constructionsolutionsonline.com.au

Disclaimer : This…

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Top 7 - about quality of construction work and materials

Top 7 – about quality of construction work and materials

Top 7 things Australian construction subcontractors need to know about quality of work & materials

1.  A subcontractor’s building and construction work has to be good and workmanlike.   What is good and workmanlike will depend on your unique trade and the circumstances.

2.  A subcontractor’s building and construction work has to be of acceptable quality?  Acceptable quality is a standard of work…

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I have hit rock and it's going to cost me. Can I charge the builder?

I have hit rock and it’s going to cost me. Can I charge the builder?

Most building contracts put the responsibility for unexpected, unseen and unknown things, on or under the site, onto the builder.

Even if there is no latent conditions clause in the contract you might be able to get compensated for the extra cost.

Please contact us if you have any further queries.

All questions are good questions.

Check our our website for lots more useful Q&As:…

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What's a Security of Payments Act?

What’s a Security of Payments Act?

Generally, it’s fast track interim payment.  Broadly speaking, it’s legislation that makes builders pay first and argue later.

It means you usually have a right to fast interim payment for any construction work you have done, or construction work, goods and services you have supplied despite what the contract says.

Examples of construction work, goods and services.

If ‘Garden Supplies’ supplied…

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Owner told me what materials to use and now they're not happy with them!

Owner told me what materials to use and now they’re not happy with them!

I didn’t like the quality of the materials we used on this job.  But the owner told me what materials to use.  Now the owner  wants a reduction in price because of the poor quality materials!  Do I have to give it to him cheaper? Generally, no. Usually, if the owner has made you use certain materials he can’t blame you if they are of poor quality. All questions are good questions at…

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What's a Bank Guarantee (BG)?

What’s a Bank Guarantee (BG)?

A BG is, usually, cash lodged with a bank by the builder.  It is money that the owner can often take at anytime, if the owner feels the builder is not performing as promised. Please let us know if we can help you further. Disclaimer : This is not legal or financial advice.  No liability is taken for the currency or accuracy of the information provided.  You should seek independent legal advice…

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Top 7 - about quality of construction work and materials

Top 7 – about quality of construction work and materials

Top 7 things Australian construction subcontractors need to know about quality of work & materials

1.  A subcontractor’s building and construction work has to be good and workmanlike.   What is good and workmanlike will depend on your unique trade and the circumstances.

2.  A subcontractor’s building and construction work has to be of acceptable quality?  Acceptable quality is a standard of work…

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#Owner hasn't paid my #SecurityofPaymentsAct, #SOP #paymentclaim and gave me no reasons. What do I do?

#Owner hasn’t paid my #SecurityofPaymentsAct, #SOP #paymentclaim and gave me no reasons. What do I do?

If you made a valid claim and they didn’t pay, or give you reasons for not paying -that is they didn’t give you a valid Security of Payment Act payment schedule- you can, usually, apply for a court judgment straightaway or take them to adjudication. If you made a valid claim and they agreed to pay some of it  -that is they gave you a valid Security of Payment Act payment schedule- they, usually,…