The Subbies' Toolbox Podcast

This is the final episode of the Tricks of Your Trade podcast.  In this episode, I explain why the podcast name is changing, how the business has evolved and what that means for you as a subcontractor working in commercial construction.  I share the story behind how Tricks of Your Trade started, from my time as a builder’s CA through to becoming a solicitor, building The Subbies Toolbox and shifting away from done-for-you contract admin into education, systems and advocacy that will actually move the needle for subbies.  I talk openly about why the Tricks of Your Trade brand no longer reflects the professional services we now provide, and why our brand positioning matters if we want subcontractors to be taken seriously by builders, regulators, and government.  This episode also outlines what’s coming next, including a renewed focus on industry reform, unfair contract terms, trust account failures and using bigger platforms to push for change that benefits subcontractors long term.  Key Takeaways  Why the Tricks of Your Trade brand no longer fits the work we do today  How The Subbies Toolbox evolved from a USB stick of templates into a full support system  What’s changing with the podcast and what’s staying the same  Where advocacy, education and industry reform fit next  About the Host  Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.  ------------------------------------------------------------------ Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtrade Follow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!  

Liquidated damages are becoming a bigger challenge for subcontractors, especially post-COVID. Builders are using them more aggressively, sometimes unfairly holding subcontractors responsible for delays they didn't cause—or even helped avoid. On today's episode of the Tricks of your Trade podcast I break down the key contract clauses you need to review to protect your business, including commencement dates, practical completion, qualifying causes of delay, and more.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Hi there! Today, I want to chat with you about something that trips up a lot of people in the construction industry—the Christmas shutdown period. While many industries keep rolling through the holidays, construction traditionally grinds to a halt, and that can lead to some unexpected headaches. In this episode of the Tricks of Your Trade podcast, I dive into the three key ways this downtime can cause trouble and give you some tips to keep you ahead of the game - From payment claims, to contract deadlines, or project delays. Christmas Shutdown Dates in Australia: QLD: 22 December to 10 January (Inclusive)NSW: 27 to 31 December (Inclusive)ACT: 27 to 31 December (Inclusive)VIC: No shutdown (Public holidays and weekends observed)SA: 27 to 31 December (Inclusive)NT: 25 December to 7 January (Inclusive) TAS: 27 to 31 December (Inclusive)   ------------------------------------------------------------------ Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Why does the construction industry feel so tough when today’s technology should be making it easier? It’s a question I couldn’t stop thinking about as I stood in the rain at Brisbane’s City Hall 🏛️ (yes, I was soaked!) Looking at the incredible 1920s hand-drawn blueprints of this iconic building, I couldn’t help but wonder—if they managed all that without modern tech, why are we struggling so much now?   In this episode of the Tricks of your Trade podcast, I dig into the shared frustrations of both builder staff and subbies. Whether you’re the one issuing contracts or the one stuck with them, we’re all navigating tight budgets, unrealistic timelines, and outdated practices. But there’s common ground—and fairer contracts are the key.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode, I’m diving into the critical clauses around variations in contracts—a topic that I've been asked about a lot lately. I’ll cover what to look out for before signing, including how long variations can be directed, whether you have the right to decline them, how they’re valued, and how margins on variations and credits are handled. I also touch on the importance of knowing your rights when it comes to fixing defects, especially with builders tightening their margins. I’ll share a real-world story about a tiler who got caught out by a clause, leaving them significantly out of pocket. Don’t let a simple oversight like this cost you!   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Today’s podcast is all about the five key basics you should ALWAYS check in any builder's contract before signing. I’m talking about the bare minimum things you can do to avoid common traps and pitfalls that could cost you big time down the line. From double-checking the contract sum, scope of work, and guarantees, these straightforward checks are essential! Don't sign without them!   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

If you’re a subcontractor, chances are your builder’s thrown some frustrating phrases your way! In this episode of the Tricks of Your Trade podcast, I’m calling out those classic lines builders use to push back in negotiations—and giving you the tools to respond with confidence (and keep your cool).   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode of the Tricks of Your Trade podcast, I share three essential tips to make your departure schedule shorter, and keep your builder happy.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode of the Tricks of the Trade podcast, I dive into a topic that's been on my mind for ages—the mathematical likelihood you'll end up in a dispute. Inspired by Survivor of all things, I discuss how predictable behavior can help you navigate contract disputes. I also break down a formula that sheds light on the probability of conflicts, the importance of doing due diligence, and the necessity of negotiating contract terms.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Ever thought about mixing friends, family, and business? If so, you might want to reconsider! Today we dive into what I like to call: "The Neapolitan Ice Cream Theory". In this episode of the Tricks of your Trade Podcast, we unpack why “love jobs” can be the riskiest ventures for your business with the least reward. Discover how mixing family, friends, and business can lead to a whole lot of mess and learn the golden rule: never break the Neapolitan ice cream theory!   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Have you ever heard the phrase, "It's better to have a gun and not need it than to need it and not have it"? In this episode, I’m diving into how builders’ lawyers love throwing that around in contract negotiations— and why it’s not exactly great for building strong partnerships. I share some tricks for flipping the script, building better relationships on the job, and ultimately leading to better outcomes for both subbies and builders.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

There is actually a mathematical equation that can be done to work out the likelihood you'll fall into dispute with your builder, based on the number of transactions you enter into and the number of other parties involved in the transaction. In this episode, I drill into what you can and can't control, and why you should care about the maths. You can watch this Episode on the Youtube channel for video.    ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode, I discuss the benefits of reviewing your own contracts internally before seeking legal advice. I explain how understanding your trade and operations can help identify risks better than a lawyer alone. Key takeaways include reading contracts like drawings, using a checklist tailored to your needs, and asking lawyers targeted questions. Episode Highlights: Read contracts by separating clauses instead of reading front to back Create a contract review checklist specific to your trade and risks Review contracts yourself first to understand operational impacts Provide lawyers context on your trade and ask targeted questions   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode, we're observing things builders have done both positively and negatively when struggling financially or going into liquidation. Episode highlights include: - Going public with financial struggles can trigger preference payment scrutiny Bogus charges/liquidated damages impact subbie insurance coverage Dragging out non-payment strings subs along without work or pay Play it straight with certifying payment schedules and equipment access Well-documented variations protect subbie claims with principals   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode, I'm discussing the importance of understanding how negative variations are treated in your subcontracting agreements.Many tradespeople are unaware that accepting large deletions of scope can eat into their profit margins if the contract allows builders to recoup money on cancelled work.I'm also sharing real world examples and guidance on evaluating your contracts to avoid unexpected margin givebacks.Episode takeaways:  Check your contract to understand how negative variations and credit calculations impact your profit Price each scope item to stand alone to avoid losing profitable work Factor in all your business overheads when negotiating your margin percentage Consult your accountant to determine your true overhead costs and margin needs Don't sign any contract without reviewing the negative variation and credit clauses For more legal tips and expertise, visit https://www.tricksofyourtrade.com.au/    ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Today, I want to shed light on the world of bank guarantees. They may seem like a cash flow saviour, but do they come with hidden risks? Join me as I explore the pros, cons, and the unexpected pitfalls of using bank guarantees in your trade contracts. Whether you're a builder or a subcontractor, this episode will help you make informed decisions about your financial security. Episode Takeaways: Bank guarantees can be tempting for improving cash flow, but they come with risks. Bank guarantees can't be adjudicated; you may have to go to court to retrieve them. If your builder withholds cash and holds a bank guarantee, you can still lose money. Using bank guarantees means you must provide them upfront, while cash retention can be withheld later. Bank guarantees for unfixed goods may expose you to more risk than you realise. Understand the insurance implications and contract clauses when dealing with unfixed goods. Be cautious when accepting deposits in large sums near the end of the financial year. Don't be easily swayed by builders offering deposits; consider the fine print and potential ulterior motives. Always assess the cost of retrieving a bank guarantee, especially if they are for less than $25,000. If you have the assets and the subcontractor agrees, using bank guarantees for retention can be a viable option. When offered bank guarantees for reasons other than retention, scrutinize the terms, timing, and conditions carefully. Reach out for expert advice to make well-informed decisions about bank guarantees and contract administration. Remember, your financial security is paramount in your trade business, so make educated choices when it comes to bank guarantees. Stay tuned for more insightful episodes on the "Tricks of Your Trade" podcast!   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Welcome to the Tricks of Your Trade podcast, where we delve into the ins and outs of the trade business world to help you navigate it successfully. Today, I want to revisit the crucial topic of negotiating contracts with builders, a subject that's vital for all you LLC subbies out there. With the surge in contract signings, it's more important than ever to ensure you're getting the terms you need without jeopardising your working relationships. In this episode, I'll share my insights on making contract negotiations a win-win experience. Episode Takeaways: Know What You Need: Before entering contract negotiations, have a clear understanding of what terms and conditions are essential for your job. This includes hourly rates, variations, margins, and more. Don't leave room for ambiguity. Preserve the Person: Maintain a positive relationship with your builder during negotiations by offering them some wins. Don't get stuck on minor issues; instead, focus on key points that matter to both parties. Remember, it's about finding a balance that benefits everyone. Strategic Departure Scheduling: Organise your departure schedule logically, grouping related clauses together. This not only streamlines the negotiation process but also allows you to make trade-offs effectively. By addressing issues as a package, you can achieve a more favourable overall contract.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode, let's dive into a crucial topic: harnessing logic-based assurances to transform your builder's contract without igniting conflicts. With my experience as a construction adjudicator, lawyer, and director of Tricks of Your Trade, I'll guide you through effective negotiation strategies including: Exploring the delicate art of changing builder's contracts amid industry uncertainties. Unveiling the potency of logic and industry standards in securing contract changes while nurturing relationships. Embracing practical reasoning and common sense to foster productive discussions free from legal jargon. Mastering the art of demonstrating impossibility or misalignment with your trade's needs for reasonable changes. Elevating negotiations through collaborative approaches that build trust and value for both parties. Focusing on crafting relevant contracts that proactively address potential challenges. Teasing upcoming episodes that delve deeper into advanced negotiation tactics. Exciting news: "Negotiation School" is set to launch, offering invaluable skills for 2023. Secure your spot on the waitlist at www.tricksofyourtrade.com.au. Join me in the quest to master negotiation, bridge gaps, and achieve triumphant outcomes in the dynamic construction industry.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

Today, we're going to delve into the intriguing world of subcontracting within the Australian construction industry. Specifically, we'll be exploring how the contract sum can reveal important insights about your risk profile as a subcontractor. Join me as we unravel the mysteries behind contract sums and gain a deeper understanding of how they can impact your risk profile as a subcontractor. Whether you're a small and nimble subcontractor or operating in the big leagues of multi-million dollar projects, this episode has something valuable in store for you.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!

In this episode of The Tricks of Your Trade podcast, we delve into a crucial aspect of builder's contracts that often goes unnoticed but can have significant financial implications. We shine a spotlight on the "cross contract set off" or "set offs" clauses, also known as "Other Monies Due" clauses in the Australian Standards. These seemingly innocuous clauses can pose a grave danger to contractors and subcontractors alike. The inclusion of the phrase "otherwise than under the contract" grants builders the power to halt payments across all your projects, not just the current one, for claims made under the existing contract. This means that not only can the builder cease paying your claims for work carried out, but they can also absorb your retention funds from other projects. One of the most frustrating aspects is that you can only pursue adjudication to recover these amounts on an individual contract basis. In other words, you are unable to consolidate all the contract disputes to have a single adjudicator decide on them. This limitation can result in expensive and time-consuming debt recovery processes. The episode also sheds light on the potential complications arising from signing a Parent Company Guarantee or a Director's Guarantee. The inclusion of a cross contract deductions clause can have a ripple effect on these agreements and create a myriad of legal and financial challenges. Tune in to this eye-opening episode of The Tricks of Your Trade podcast to gain valuable insights into the dangers posed by cross contract deductions clauses in builder's contracts.   ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract; A Guide For Subcontractors  Explore ways to get more of Michelle in your world Book a Free Scoping Call with Michelle  Want to negotiate better contract terms? Explore Negotiation School (4 Week Course)  Tired of builders pushing you around? Arm yourself with the Subbies Toolbox Get Your fix on Social Media  Follow Michelle on Linked In - https://www.linkedin.com/in/michellecirson/ Follow Michelle on Instagram - https://www.instagram.com/tricksofyourtradeFollow Michelle on Facebook - https://www.facebook.com/tricksofyourtrade Share the love If you like what you’re hearing on The Tricks of Your Trade Podcast, support the show by taking a few seconds to leave a rating and/or comment on ApplePodcast, or Spotify Thanks!