Before You Get Legal, Get Practical (The Ten Steps!)
Martin Brooks is project manager at Martin Brooks Associates. In this article, he details the importance of identifying and resolving issues before any problems actually arise in a development project.
With so much uncertainty still around, we have been prioritising the steps and measures that both identify and mitigate risk during COVID and Brexit, and ensure that before a construction project commences or moves into a new phase, we can step up and quickly and mutually identify and resolve issues and establish good lines of communication.
This is our approach and there are two scenarios to begin with. The rules apply to both.
a) A contract exists already.
b) A contract is to be entered into.
As Project Managers we must ensure that the Design Team are fully aware of the contractor’s procurement programme and they are resourced to supply that information on time, because this is often where the problems occur. The programme should take into account the time for re-specifications and plan alterations.
The Design Team appointments should allow for time in re-specification and plan alterations, so the client has a fixed cost from the outset.
Use part of Contractor/site meetings to update and inform all parties on the status of all procurement. Detailed notes should be circulated and included in the PM's report to the client.
Insist that the contractor prepares a detailed procurement schedule that verifies that suppliers and sub-contractors are able to supply in line with the plan (seems obvious, but so often this is overlooked). This step ensures that the contractor cannot blame delays on a supplier.
Plan B! Make sure the contractor is contacting other sub-contractors and suppliers to ensure a swift fall-back option can be accessed.
A current reality but always applicable: run through and make clear the COVID-safe operational plan for the site.
The cheque isn’t always in the post! Payments for deposits should be discussed and agreed up front. A contractor will act faster if his business is not affected by cash flow.
Ensure that lines of communication with the client are open and that possible risks are discussed in advance and clearly.
Agree a schedule of payments from the client for forward deposits.
Use a simple vesting certificate or side agreement when going through the contract.
In the event of any legal proceedings, the client’s case will be stronger if the professional team have been seen to be proactive and taken practical steps before the men in wigs appear and now more than ever.
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