Specialist solicitors to the construction and engineering industries

In-House Workshops

Hawkswell Kilvington offer a number of in-house workshops on a range of commercial and contractual topics. These workshops are an ideal opportunity to receive advice and guidance from experienced speakers.

Workshops can be tailored as necessary to suit your requirements and will include interactive elements, including practical case studies, to maximise delegates’ learning potential.

Available workshops include:

The New Construction Act – Are You Ready?

The new Construction Act came into force on 1 October 2011. It amends the previous 1996 Construction Act dramatically, introducing a whole new payment scheme that all contracts entered into from 1 October 2011 will be subject to. The Act will have a significant impact on how Employers, Main Contractors and Sub-Contractors pay and get paid.

To help you prepare we are offering a fixed price package to explain, first of all, the changes that will be introduced by the Act and secondly to review a set of your standard terms and conditions.

1. An in-house workshop of 2 hours which will explain:

the changes to the payment system
how retentions will be dealt with;
drafting the necessary Payment Notices;
amendments required to contracts;
what a Pay Less Notice is and when it should be served;
traps to be aware of and how to identify and avoid them;
protecting your cashflow;
getting paid;
how to benefit from new rights and protect your company from the insolvency of others, including specimen clauses;
new rights of suspension;
changes to the adjudication procedure;
new contracts covered by the Act; and
key threats and the protection required.

2. A review of a set of your own standard terms and conditions, to identify whether they comply with the payment and adjudication requirements of the new Act.

This is an important health check ensuring you completely understand the new Construction Act that came into force on 1 October 2011 and, in particular, are fully prepared for the new payment requirements so as not to be disadvantaged.

This service is available for a fixed price of £600 plus VAT and disbursements.

Maximising Recovery Under Construction Contracts

As the construction industry continues to struggle in the difficult economic climate, it has never been more important to improve your cashflow by maximising payment under construction contracts, resolving problems and avoiding disputes. There are many steps that can be taken to ensure that your business receives all the money it is entitled to – the key is to fully understand your legal and contractual rights to payment.

We have put together an in-house workshop which addresses the most common problems faced by companies struggling to recover payment and explains the tactical and contractual steps you can take to maximise recovery and achieve the best commercial advantage.

The workshop covers topics including:

Getting Paid

What can you do if your application for payment has not been valued?
How do you get paid?
Understanding how the payment procedure under the Construction Act has changed and how to use it to your advantage.
How can you avoid final account disputes?

Protecting Against Insolvency

You have a contract with someone who you think is becoming insolvent – how do you protect yourself?
Contractual and tactical methods of limiting the risk of third party insolvency.

Variations

They asked me to carry out work but will not pay because I do not have a variation instruction – how can I get paid?
Avoiding common problems in variation claims.

Record Keeping

How can you prove that you are entitled to loss and expense?
Understanding the importance of keeping adequate records.
What records should you keep?

Retention

The employer won’t release retention because he says there are defects but I know there are none – what can I do?
The main contractor says there are defects in other sub-contractors’ works and will not release retention – can he still do this?
Understanding when you are entitled to your retention.

Termination

My contract has been terminated and I have not been paid – how do I claim what is due to me?
Understanding termination processes and recovering payment following termination.

This workshop is available for a fixed price of £600 plus VAT and disbursements.

How to book

To book one of our workshops, please contact Louise Tankard, Hawkswell Kilvington Limited, 17 Navigation Court, Calder Park, Wakefield WF2 7BJ (Email: ltankard@thkp.co.uk Fax: 01924 257666 Tel: 0844 809 9566).

We will then contact you to make the necessary arrangements.