Subcontracting and purchasing Flashcards
- Specialized labor for particular construction tasks
- Lower cost for subcontract work
- Reduced risk for the contractor
Subcontractors are used for the following reasons:
Types of risk that a general contractor tries to avoid by using subcontractors
- Labor productivity
- Productivity and/or cost control
- Lack of expertise in specialized areas
Control of potential liquidated damages - Cash flow
- Quality from lack of expertise or the right craftspeople
- Clean-up warranties, other general condition areas
Subcontract management
Extremely valuable in today’s legal climate
Relates directly to the profitability of the project
Activity of procuring material or equipment for a project.
Necessary for a profitable project
Do not contain jobsite labor (unlike subcontracts)
Purchasing control
Writing subcontracts
Writing material contracts
Writing purchase agreements
Essence of job purchasing:
Balancing scopes and comparing quote to quote.
Must be done by the contractor when selecting subcontractors.
Scope alignment
- The nature of their business
- Their scheduling demands
- The risks they face on the project
- Their equipment and safety concerns
Field personnel should understand the following things about each subcontractor:
The development of a working relationship between the general contractor’s staff and the subcontractor’s staff can often make accomplishing the goals of both companies easier. Their goal is…..
The goal for both companies is to make a profit, expand their businesses, move into a more profitable market, and hopefully enjoy the process
- May engage in a number of different types of businesses in their field
- Capital requirements for a subcontracting business can be fairly high
- Subcontractors are paid for their work considerably after the completion of their work
- Many subcontractors have additional subcontractors working for them
- Scheduling crews for the subcontractor often relates to fulfilling company-wide obligations, rather than project requirements
Attributes of subcontractors
Based on the construction documents prepared by the architect and engineer
An agreement for a specifically described portion of work
The subcontract agreement:
Normally based on a lump sum bid by the subcontractor to the contractor
Subcontract Agreement Amount
the practice where contractors supply bid amounts from subcontractors to other subcontractors
Bid shopping
Many firms use a standardized contract form for the subcontract agreement
- Associated General Contractors of America, Inc.
- American Subcontractors Association
- These standard contracts are “tried-and-true”
The subcontract agreement contains:
- Provisions from the contract between the contractor and owner
- Provisions for the relationships between the contractor and the subcontractor
The subcontract should contain the following the following articles or areas:
- Preamble and date/parties to the agreement.
- scope of work
- Payment provisions
- Insurance provisions
- Materials and workmanship
- Obligations of the contractor and subcontractor
- Labor Provisions
- Termination of the agreement
- Reference to the construction documents, applicable sections of the spec.
- Subcontract price
- Changes, claims, and delays
- Bonding provisions, if required
- time and schedule
- Contractual requirements, indemnification and recourse
- Remedy for solution of disputes
is one of the keys to successful subcontract management
Proper scope definition
- Description of the work relating to the construction documents
- Additional work to be performed by the subcontractor
- Exclusions from work described in the construction documents
- Any additional specific information relating to the project
- Description of included alternates and negotiated additions or deletions to the agreement
The scope of work description should include:
The subcontract agreement usually contains the following type of clauses to allow control to the subcontractor:
- Schedule requirements related to termination clauses if the subcontractor doesn’t meet schedule and manpower requirements
- Quality control, inspection, and repair of defective work, also related to termination clauses
- Clauses related to acceptability of subcontractor jobsite personnel and the right of the contractor to have that individual removed from the jobsite
are essential to any agreement
Termination of contract clauses