CG17:09

Commercial Pitfalls for the

Scaffolding Contractor

Marketing and Advertising

1. Failure of marketing and advertising policy to get the right enquiries

Tender Enquiries

2. Failure to check documents received are those allegedly sent

3. Failure to understand client specification
4. Failure to make enquiries when specification not understood
5. Failure to make clear what specification has been included for, particularly if client specification not understood and enquiries to clarify
client specification not made
6. Failure to make clear whether tender based on client conditions or own conditions
7. Failure to price all client requirements
8. Failure to advise client when all requirements not priced
9. Failure to clearly identify quotation (important if negotiations lead to alternative quotations being provided)
10. Failure to identify assumptions made

Tender Negotiations

11. Pre-contract meetings:-

a. Allowing client to make changes to specification, programme and conditions without considering implications (higher price,
increased resources required)
b. Attending meetings alone
c. Signing minutes at the meeting
d. Allowing oneself to be intimidated, bullied or patronised

Completing the Contract Documents

12. Signing the documents without checking them

13. Signing the documents without understanding them
14. Failing to sign them at all
15. Returning documents without keeping a copy
16. Making amendments without agreement with the client or bringing the amendments to his attention
17. Failing to understand the terms and conditions of the contract:-
a. Payment terms
b. Retention
c. Design responsibility
d. What constitutes a variation
e. Liability for accident damage
f. Liability for setting out
18. Failing to understand the procedural requirements of the contract:-
a. Requirement for programmes
b. Sequencing of work
c. Method of recording variations
d. Method of recording progress
e. Method of recording events leading to delay and or disruption
19. Failing to agree a daywork rate for labour and equipment

NASC 1 of 2 July 2009

Completing the Works

20. Failure to carry out procedural requirements:-

a. Provide a programme
b. Provide resource details on a regular basis if required
c. Provide applications for payment as required
21. Failing to induct operatives as to own requirements (starting times, reporting procedures, administrative information required)
22. Failing to keep promises
23. Making promises knowing they cannot be kept
24. Not dealing with client criticism – verbal or written
25. Not dealing effectively with client criticism – only dealing with that which you can and not with that which is difficult
26. Ignoring known incidents which the client does not immediately bring to your attention. (He may do later when the facts are blurred
and allows him to camouflage his shortcomings)
27. Failing to recognise events which may have a detrimental impact later (brickwork delays cause delays to scaffolding leading to
pressure on labour and equipment resources)

Getting Paid

28. Failing to understand payment mechanism

29. Failing to comply with payment mechanism
30. Failure to enforce payment mechanism
31. Failing to understand nature of contract as regards variations.
32. Failure to comply with rules on valuation of variations (if any)
33. Valuing variations on a cost basis when contract requires valuation on pro-rata basis
34. Failing to keep accurate records of varied work
35. Failing to inform client of variations
36. Failure to get client confirmation
37. Failure to get daywork sheets signed
38. Failing to submit and agree final account
39. Failing to track release of retention
40. Failure to comply with Inland Revenue requirements

Valuing Work (Internally)

41. Failing to value work on a regular basis

42. Inappropriate valuation methods (cost basis)
43. Failure to record agreements valuing sections of the work.

Completing Site Works

44. Failing to clear the site of all equipment

45. Failing to reconcile equipment inventories (theft, equipment left on site, losses due to neglect [own staff / other users])

Corporate Failure

46. To have a Safety System

47. To employ qualified personnel (on site and off)
48. To comply with statutory employment minimums for staff
49. To train and re-train staff in all systems
50. To recognise shortcomings and implement corrective actions.

Whilst every effort has been made to provide reliable and accurate information, we would welcome any corrections to information provided by the Writer which
may not be entirely accurate, therefore and for this reason, the NASC or indeed the Writer, cannot accept responsibility for any misinformation posted.

NASC, 4TH FLOOR, 12 BRIDEWELL PLACE, LONDON EC4V 6AP

NASC 2 of 2
TEL: 020 7822 7400 FAX: 020 7822 7401
enquiries@nasc.org.uk www.nasc.org.uk