Navigating the Legal Minefield: Essential Insights for Subcontractors

In episode 95 of The Subcontractors Blueprint podcast, host Jacob Austin discusses crucial legal principles affecting subcontractors, focusing on the prevention principle and other common law doctrines in UK construction contracts. He simplifies complex legal concepts, offering practical examples to help subcontractors safeguard their businesses. Key topics include the importance of well-drafted contracts, recognising repudiation breaches, understanding frustration of contracts, and the role of timely notices. Jacob emphasises that subcontractors should be proactive in understanding their contracts, communicating effectively, and documenting all interactions to avoid legal pitfalls and enhance business practices.

KEY TAKEAWAYS:

•   Common law principles relevant to construction contracts under UK law.
•   The prevention principle and its implications for contract performance.
•   Understanding repudiation and breach of contract.
•   The significance of well-drafted contracts and clear terms.
•   The role of notices in protecting subcontractors' rights.

BEST MOMENTS:

"Good faith means dealing honestly and fairly with your contracting partner."

“A repudiate or breach is basically a serious breach of contract, so serious that it allows the innocent party to terminate the contract and claim damages."

“The prevention principle holds that if the employer or the main contractor does something that prevents the main contractor or subcontractor from completing on time, then the employer or main contractor can't enforce contractual penalties for late completion."

"Freedom of contract wins. You can't invoke the prevention principle to strike out a contract clause that explicitly puts certain delays on the contractor."

"A bit of foresight can save a ton of pain and money later."

 

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

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