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Posted By Mark Darmody
Colleagues
Advice please
Scenario
Notifiable project office refurbishment approx total £500k . All players appointed every thing goes to plan project finishes on schedule.
However, delays start in respect of one of the contractors failing to supply the operational /maintenance manuals & certificates for the H&S File. Six months on following correspondence, telephone calls and a meeting with the contractor and still no documents forthcoming. Client currently holding back £6k owing for the contractor in question. (note: Client is also Principal Contractor).
What are your thoughts to resolve this issue? I think there are potential liabilities!!!
I believe there are both contractual and statutory remedies eg CDM. I am just after some sound practical advice from those of you who have experience in these matters.
Any advice welcome
Mark Darmody CMIOSH Dip2.OSH LCG
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Posted By MAK
this is a common scenario and unfortunately the powers that be did nothing to improve things when the regulations changed.
Options - stop chasing the contractor for this information. someone somewhere is incurriung costs that they couldnt have allowed for. meanwhile you have a site presumably in operation without maintenance information.
- Advise the client to use the 6k fee to hire another party to compile a key manual and chase down copies of orginal information.
- Advise the client to pursue sub Contractor through legal channels and to claim costs back.
Based on the information the duty was on both the client and the Principal Contractor to manage the production and handover of this information in a timeously fashion, and they didnt, or did they?
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Posted By Bob Youel
You are not holding back enough money!!!!
You should highligh H&S non conformance conditions in your contract paperwork as in most cases non conformance only appears to deal with quality, production etc which is a great failing
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Posted By Robert K Lewis
Fully agree with Bob. Clients and contractors should ensure that the financial sanctions for failure to deliver File information are sufficient to ensure pain if it is not done. Ensure it is in the contract and then make sure it is delivered.
The late delivery of information is the bane of any CDMC's life. I still struggle sometimes weeks after the event - normally when the financial penalties are too low or non existent.
As these are O&M manuals then it should theoretically be possible to get these from the original supplier or manufacturer - Try this route but ensure you keep cost information for a contract claim in addition to the deduction for non delivery.
Bob
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Posted By MAK
a small query to the Bob's above, how do you know the total value of the subcontractors work? how do you know 6k wasnt a sufficient margin of the fee to impact on the company concerned?
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Posted By Robert K Lewis
MAK
Point taken. I was trying to make the general point that the retention figure does need to equate to a reasonable percentage of the contract value. Remember that the contract is however with the PC and the retention is against him and not a small subcontractor. It is up to the PC to ensure the transfer of liabilities and penalties.
In this instance with Client and PC being identical persons the logic has to be applied in a manner conducive to the contract and its value. It is a reason however for the client and PC to be separate as the claim is more easily managed from the client viewpoint.
Bob
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Posted By Mark Darmody
Thank you all for your valuable comments appreciated!
Mark
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