In episode 44 of The Subcontractors Blueprint podcast, Jacob Austin of QS.Zone delves into the subtleties of contractual language, elucidating the legal significance of terms such as "shall," "reasonable endeavours," and "best endeavours," and how they influence contractual obligations. Furthermore, Austin emphasises the crucial importance of design liability limitations, offering guidance to construction business owners on the imperative of delineating these boundaries to ensure adequate insurance coverage for their subcontracting activities.

KEY TAKEAWAYS:

• A breakdown of some contractual language surrounding obligations in subcontracting agreements.
• The implications of words like "shall," "reasonable endeavours," and "best endeavours" in contractual obligations.
• Importance of understanding specific words and phrases in contracts.
• Relevance of “best endeavours” to subcontractors operating a JCT subcontract and how to challenge those clauses with contractors.
• The importance of limiting design liability to reasonable skill and care.

BEST MOMENTS:

“Shall. This is a direct instruction, an obligation for you to do something. And the ramifications then, if you don't, is that you potentially lose an entitlement.”

"By not submitting a notice, you aren't giving the contractor a heads up and the opportunity to do anything about any potential delay, so then you forego your potential entitlement."

"Without disadvantaging yourself and acting within your means, you're going to try and get something done."

"Right there in the black and white of the standard unamended JCT is a requirement for you to leave no stone unturned to prevent the delay of subcontract works."

Episode 24 as refecenced in this episode is available on Apple Podcasts on the following link: https://podcasts.apple.com/gb/podcast/the-subcontractors-blueprint/id1701638267?i=1000640967914

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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