We have been terminated on one job already. Do we need Termination Prevention as well?
They do different jobs: Termination Claim deals with the job that ended, and Termination Prevention protects the jobs you are still working on.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
At the end of Termination Claim, the Handover Pack sets out what the unanswered notices and missing records cost you on that job, item by item. It also sets out the Termination Prevention routine that would have stopped the default case building. Termination Prevention puts that routine in place on a live subcontract. It covers who receives a default notice, how fast it reaches the commercial team, and a written reply within days that states the facts. It also covers stopping work only through the proper notice route, never by walking off, and the records that answer the usual complaints. We prove it on a live month and walk it through with the people who will run it. The optional monthly check then reads each month's letters for a default case building, on a fixed monthly fee. It stops the month you no longer need it.
Example
Illustrative example. The scenario and figures are invented.
The facts
A mechanical subcontractor's account on a terminated job has settled. The Handover Pack shows the default case was built on progress emails and a direction nobody answered. The subcontractor is working under two more subcontracts with the same main contractor.
What happens
- The termination and default clauses of both live subcontracts are read, on both sides.
- The complaints already made on the two jobs are mapped, each paired with the record that would answer it.
- The notice and reply routine is set: who receives a notice, how fast it reaches the commercial manager, and a named deputy.
- The routine runs for a live month, and the two slips found are put right before it is signed off.
The outcome
The team running the two jobs knows what a default notice looks like, where it goes and what it gets back: a written reply within days.
To have the notice and reply routine set up on the subcontracts you are working under now, see our Termination Prevention service.