Solicitor’s frank comments on many social landlords contractor payments

Social landlords don’t know whether contractors are requesting payment for the right amounts, warns Theresa Mohammed in Inside Housing

Put bad practice behind you   

Most social landlords that develop homes have always disapproved of the now outdated practice of failing to pay contractors and subcontractors in a timely manner. They have taken a keen interest in the mechanics of the payment provisions under recent legislation.
Among our clients, we have seen social landlords bending over backwards to engage with contractors’ claims and cost overruns, even when this results in busting the budget for a project.
But this has to some extent gone too far and encouraged contractors to fall back on the old-fashioned claims culture of inflated and unsubstantiated claims for payment, which are difficult to assess with any accuracy. Contractors typically send these payment applications in the form of long spreadsheets of figures, relating to subcontractors. Some social landlords have been paying without checking for mistakes or asking for justification for the amounts requested.
Social landlords increasingly tell us about duplicated invoicing, spurious variations where a contractor claims that the scope of work has changed, the withholding of invoices for long periods of time, failure to follow any of the agreed payment processes, and contractors introducing payment terms or rates that were not agreed.
Lack of management
One of the main reasons for these problems is a distinct lack of senior management in repairs and maintenance contracting, which means costs are incurred and then crudely attributed to various categories of cost, such as preliminaries or planned works, which may or may not be legitimate.

(Theresa Mohammed is a contentious construction senior associate at Trowers & Hamlins)

Artcicle from Inside Housing   27 August 2014


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