Construction e-Brief – A festive thought

Tuesday 30th March 2010

Richard Piper, partner and head of construction

To start 2010 on a sound footing here are some top tips for contractors:

  • If you are bidding for a new contract and intend to submit “tender qualifications” with your  bid, check carefully whether the employer’s proposed terms contain provisions which may override those qualifications. This can sometimes mean that none of your qualifications ultimately get incorporated into the final contract.
  • Remember to watch out for contract terms which make reference to documents you have not seen. A contract might require you to comply with deadlines, standards or procedures contained in another contract higher up the procurement chain.
  • In these difficult economic times ensure that your sub-contracts contain “pay when paid” clauses to protect you in the event that your employer becomes insolvent.
  • Make enquiries as to the employer’s funding arrangements for the works and consider whether it might be appropriate to request a guarantee of payment from any third party funder.

If you would like to discuss any of the issues raised in this e-brief please contact a member of our construction team on 0113 227 0100 or email