In episode 129 of The Subcontractors Blueprint podcast, host Jacob Austin continues his JCT Subcontract mini-series guiding you through the essentials of loss and expense claims under 2024 JCT subcontracts. He explains when and how subcontractors can recover costs from delays and disruptions, outlines a practical five-step claims process, and highlights common pitfalls to avoid. Jacob emphasises the importance of early notice, thorough documentation, and structured claims to protect margins and cash flow. The episode includes a real-world case study and actionable advice, empowering subcontractors to manage contracts more effectively and safeguard their profitability.

KEY TAKEAWAYS:

• The episode explains how subcontractors can effectively claim loss and expense under JCT subcontracts to recover costs from delays and disruptions.
• It highlights the difference between time-related (extension of time) and cost-related (loss and expense) claims, and the importance of understanding "relevant matters."
• Jacob outlines common pitfalls in loss and expense claims, such as lack of evidence, late notifications, and double counting costs.
• The episode provides a practical, step-by-step approach to structuring and evidencing a strong loss and expense claim.
• Listeners are advised to issue early notices, keep detailed records, and avoid leaving claims until the project's end.
• The importance of clear communication, proper documentation, and commercial awareness is emphasised to protect subcontractor margins.

BEST MOMENTS:

"If you don't claim loss and expense properly, then you're funding the job for free."

"The difference between being right and being paid is almost certainly evidence and structure to what you're doing."

"A proper loss and expense claim needs to be built out like a case showing cause, effect, and the resultant cost."

"Loss and expense needs to be claimed on the basis of actual costs incurred—that means showing the contractor invoices, timesheets, payroll records if necessary."

"Acceleration costs money… If the contractor isn’t willing to do that, then that tells you they want the benefit of the acceleration without putting their hand in their pocket."

"The worst thing you can do with loss and expense is to leave it all to the end and submit it as a parting shot just before you submit your final account."

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 128 of The Subcontractors Blueprint podcast, host Jacob Austin continues his JCT Subcontract mini-series offering practical guidance on managing JCT subcontracts, focusing on programs and extensions of time (EOT). He explains how EOT provisions protect subcontractors from unfair delay risks, highlights the importance of timely notices and thorough documentation, and distinguishes between time extensions and loss and expense claims. Jacob shares actionable tips for handling delays, acceleration, and disruption costs, empowering subcontractors to safeguard their profit margins and ensure fair compensation under JCT terms. The episode aims to help subcontractors protect their commercial interests and avoid common contractual pitfalls.

KEY TAKEAWAYS:

• The episode explores the importance of program clauses and extensions of time (EOT) in JCT subcontracts, highlighting how they protect subcontractors' margins and manage delay risks.
• Jacob explains that delays must be formally notified and evidenced; otherwise, subcontractors risk being unfairly blamed and incurring costs for delays outside their control.
• Time (EOT) and money (loss and expense) are separate contractual tracks—securing more time doesn’t automatically entitle you to compensation for disruption.
• Common pitfalls include vague or late notices, relying on flawed recovery programs, and failing to keep clear records of delays and their impacts.
• Jacob emphasises the need for consistent administration: keeping simple logs, issuing timely notices, and substantiating claims with clear evidence.
• The episode concludes that good record-keeping and proactive communication are key to safeguarding both time and cost entitlements under JCT subcontracts.

BEST MOMENTS:

"Contracts don't run on what people can see. They run on black and white—what's been notified, evidenced and complied with."

"You can be busy on site, work till you're blue in the face and still lose the job commercially."

"The extension of time protects the program and your margin, and prevents main contractors from pushing delay risk down to you quietly when you don't expect it."

"If your paperwork doesn't answer those two questions and do it clearly, then the contractor can keep arguing about entitlement forever and delay the only thing that you really want, which is commercial closure."

"Acceleration costs money… If the contractor isn’t willing to do that, then that tells you they want the benefit of the acceleration without putting their hand in their pocket."

"These kind of documents—they’re not just paperwork. These are records. These are leverage."

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 127 of The Subcontractors Blueprint podcast, host Jacob Austin continues his JCT Subcontract mini-series guiding UK construction business owners through the updated JCT 2024 subcontract payment processes. He explains key topics including payment timelines, notices, pay less traps, and compliant application submissions. Kyle shares practical strategies to protect cash flow, avoid common payment pitfalls, and leverage contract law. Emphasising organisation and proactive management, he highlights how following proper procedures ensures timely payments and reduces disputes, empowering subcontractors to strengthen their financial stability and grow their businesses under the new JCT framework.

KEY TAKEAWAYS:

• The episode breaks down the JCT 2024 payment process, emphasising the importance of understanding due dates, payment notices, and Payless notices to protect subcontractor cash flow.
• Submitting payment applications on time and in the correct format is critical; late or non-compliant submissions can delay payments and weaken your position.
• Applications must be clear, cumulative, and substantiated with evidence so they are easy for contractors to assess and difficult to reject.
• The episode highlights common contractor tactics like invalid application rejections, vague Payless notices, and unjustified contra charges, and explains how to challenge them.
• Retention money should be tracked and claimed promptly, with the Construction Act preventing contractors from withholding it based on upstream payments.
• The new JCT 2024 streamlines payment processes and aligns closely with the Construction Act, making it essential for subcontractors to follow procedures and enforce their rights to timely payment.

BEST MOMENTS:

"Most failed subcontractors don't go under because they can't do the work. They do it because they fund the job for too long."

"In UK construction, getting paid isn't about who's right, it's about who's followed the process and who's got the leverage."

"If you submit late, the whole process is knocked back by however many days you were late."

"Many SMEs understandably focus on price, scope and program and gloss over the legal terms, but design liability is one area where a few little sentences can completely change the game."

"Make the assessment as easy as possible for them to certify; you don't want to hear, 'We can't assess this,' or, 'We need more information.'"

"Retention is a contractual mechanism to secure performance against defects—it's not a general cash buffer.”

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 126 of The Subcontractors Blueprint podcast, host Jacob Austin continues his JCT Subcontract mini-series providing construction business leaders with a comprehensive overview of design liabilities under JCT 2024 subcontracts. He explains key legal standards, the impact of contract amendments, and the risks of fitness-for-purpose obligations. Jacob highlights the importance of careful contract review, maintaining professional indemnity insurance, and understanding BIM protocols. He shares practical tips for managing design approvals, submission procedures, and liability caps, emphasising how minor contract changes can significantly increase risk. The episode empowers subcontractors to protect their businesses by staying informed and negotiating fair, insurable terms.

KEY TAKEAWAYS:

• The JCT 2024 subcontracts clarify that subcontractor design liability is limited to reasonable skill and care, not fitness for purpose, unless expressly stated otherwise.
• Approval of design by contractors or clients does not transfer liability; subcontractors remain responsible for their own design adequacy.
• Professional indemnity insurance typically only covers negligence, not absolute performance guarantees or fitness for purpose obligations.
• Subcontractors must carefully follow design submission and approval procedures, maintain records, and understand BIM protocol requirements if applicable.
• Contract amendments can significantly increase risk by introducing fitness for purpose clauses, uncapped liabilities, or indemnities—so vigilance and negotiation are essential.
• Always align contractual obligations with insurance coverage, and scrutinise amendments to avoid taking on unintended or uninsured liabilities.

BEST MOMENTS:

"Skill and care is about how you do the work—doing it professionally—whereas fitness for purpose is about the result."

"If you accidentally or otherwise accept a fitness for purpose obligation, your insurer can decline your coverage."

"Approval in a contract is about consent to move forward, not transferring design risk."

"Many SMEs understandably focus on price, scope and program and gloss over the legal terms, but design liability is one area where a few little sentences can completely change the game."

"High risk should command a higher price, and it may even mean higher insurance coverage."

"Managing design and the risk associated with it is not about avoiding design work, it's about doing it on fair terms, with awareness of where your responsibility ends."

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 125 of The Subcontractors Blueprint podcast, host Jacob Austin introduces a mini-series on JCT subcontracts, tailored for UK construction subcontractors. He explains the structure and risks of JCT contracts, highlights key changes from the 2016 to 2024 versions—including updates driven by the Building Safety Act 2022—and stresses the importance of reviewing both standard conditions and amendments. Jacob offers practical advice on contract review, payment procedures, and compliance, aiming to help subcontractors avoid costly misunderstandings and operate with greater confidence in today’s evolving contractual landscape.

KEY TAKEAWAYS:

• JCT subcontracts are often presumed to be “standard,” but amendments frequently shift risk onto subcontractors without clear warning.
• Subcontractors are commonly bound by reference to lengthy conditions they may never have seen, making it crucial to obtain and review the full contract documents.
• Amendments in areas like payment terms, suspension rights, and program obligations can significantly impact risk and cash flow.
• The 2024 JCT updates introduce changes for electronic notices, align more closely with the Construction Act, and reflect new building safety requirements, especially documentation.
• To protect themselves, subcontractors must scrutinise amendments, check key details on time, scope, and money, and ensure they price for all required paperwork and compliance.
• The episode stresses that assuming all JCT contracts are alike is dangerous—always interrogate the actual terms and amendments before signing.

BEST MOMENTS:

"As soon as your materials are on site, they belong to the project, so you can't just drive off with them if things go awry."

"Termination means ending the subcontract before all work is completed, which means both parties are freed from any further obligations to complete the construction of the work."

"If the process isn’t followed properly, then this is effectively a breach. The consequence of that breach is that the calculation is different—you will get full compensation without a deduction."

"Termination is a situation where nobody truly wins. It’s a salvage operation as a subcontractor, and your goal is likely to get out of there without a huge loss and without burning bridges."

"Many subcontractors have been strong-armed into accepting zero compensation after rough termination, simply because they don’t know what they’re entitled to—don’t let that be you."

"Demonstrating you know your stuff can change the conversation—it changes you from being a victim in the process to an informed participant."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 124 of The Subcontractors Blueprint podcast, host Jacob Austin continues his NEC4 mini-series, focusing on clauses 70, 80, and 90. He provides clear, practical guidance on material ownership, insurance obligations, and, most critically, termination procedures. Jacob explains how to protect your business by understanding payment entitlements, risk allocation, and the importance of following contract procedures. He highlights common pitfalls, offers actionable tips, and stresses the need for documentation and legal advice. This episode and mini-series equips construction business owners with essential knowledge to manage NEC4 contracts confidently and safeguard profitability.

KEY TAKEAWAYS:

• Once materials are delivered to site, legal ownership passes to the contractor or client, affecting both risk and payment security.
• Subcontractors are responsible for a range of insurances and liabilities, with the contract specifying who must cover which risks.
• Termination under NEC4 is highly structured, with clear reasons, procedures, and payment calculations depending on who is at fault.
• Wrongful or improperly handled termination can have serious financial and legal consequences, so understanding and following the contract is critical.
• Subcontractors should document everything, know their rights, and approach termination as a last resort, aiming to protect both reputation and financial interests.
• Proactively communicating and keeping thorough records can help subcontractors avoid disputes and ensure they recover all monies owed if termination does occur.

BEST MOMENTS:

"As soon as your materials are on site, they belong to the project, so you can't just drive off with them if things go awry."

"Termination means ending the subcontract before all work is completed, which means both parties are freed from any further obligations to complete the construction of the work."

"If the process isn’t followed properly, then this is effectively a breach. The consequence of that breach is that the calculation is different—you will get full compensation without a deduction."

"Termination is a situation where nobody truly wins. It’s a salvage operation as a subcontractor, and your goal is likely to get out of there without a huge loss and without burning bridges."

"Many subcontractors have been strong-armed into accepting zero compensation after rough termination, simply because they don’t know what they’re entitled to—don’t let that be you."

"Demonstrating you know your stuff can change the conversation—it changes you from being a victim in the process to an informed participant."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 123 of The Subcontractors Blueprint podcast, host Jacob Austin provides construction business owners with practical guidance on managing compensation event clauses under NEC contracts. He explains the crucial differences between early warnings and compensation events, outlines notification and quotation procedures, and emphasises the importance of timely communication, thorough record-keeping, and contract compliance. Using real-world examples, Jacob demonstrates how proactive management of these clauses can protect subcontractors’ interests, improve cash flow, and foster collaborative relationships with contractors—ultimately supporting business growth and successful project delivery.

KEY TAKEAWAYS:

• The episode explains the difference between early warnings and compensation events in NEC contracts, emphasising their roles in proactive risk management.
• Early warnings are about flagging potential risks before they happen, while compensation events address actual changes that impact time or cost.
• Failing to issue early warnings can result in reduced compensation, as contractors may assess claims as if warnings had been given.
• Strict notification and time bar requirements mean subcontractors must act quickly and provide clear evidence to protect their entitlements.
• Compensation events are assessed based on defined costs, and well-prepared, transparent quotations are essential for successful claims.
• Collaboration, clear communication, and following contract processes are key to avoiding disputes and ensuring fair outcomes on NEC projects.

BEST MOMENTS:

"The principle behind [Early Warnings] is that it's a proactive risk management tool to flag up issues that could impact time, cost and quality."

"Early warnings are future events—they may happen or they might not. Compensation events are guaranteed to happen."

"Compensation events are assessed on the basis of defined cost, which is essentially the reasonable cost that you incur yourself, plus an applicable fee."

"A well-prepared quote is critical. It needs to be clear with breakdowns of your labor, plant, materials, and descriptions of how it's been calculated."

"The point is to create early and binding agreements as you go throughout the contract, to avoid the need for lengthy disputes and final account meetings."

"The straight talking truth is that compensation events can become contentious if people can't get around the table and talk sense and come to sensible agreements."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links

In episode 122 of The Subcontractors Blueprint podcast, host Jacob Austin guides construction business owners through the payment mechanisms of NEC subcontract agreements, focusing on the 50 series clauses. He explains the importance of assessment dates, compliant payment applications, and the impact of main option clauses (A–E) on cash flow. Jacob highlights that contract amendments that can complicate payments and shares a practical checklist for managing the payment process. The episode offers actionable advice to help subcontractors protect their cash flow, avoid payment disputes, and ensure profitability under NEC contracts.

KEY TAKEAWAYS:

• The NEC subcontract’s payment process is strictly tied to assessment dates, requiring timely and compliant applications for payment.
• Missing an application deadline or submitting a non-compliant claim can result in receiving no payment or even owing money due to contract clauses like 50.4.
• Different NEC main options (A–E) significantly affect how payments are calculated, from activity schedules to bills of quantities and cost-reimbursable models.
• Maintaining clear records and collaborating with the main contractor is crucial, especially for measurement and cost-based payment options.
• The UK Construction Act (via clause Y(UK)2) mandates fixed payment timelines and defines payment notice requirements, overriding variable invoice-based systems.
• Careful contract administration, matching application formats, and assertively managing payment schedules are essential to protect subcontractor cash flow.

BEST MOMENTS:

"The NEC payment process is only fair if you run it properly and it can punish you with cash flow problems if you don't."

"If your application is non-compliant, you're basically volunteering not to be paid."

"Clause 50.4, The Quiet Assassin...if you miss your application date, you don't just get paid slightly late because you applied late. The contract says that you get nothing."

"Defined cost can be weaponised via audits if you don't have good records of what people were doing and when they were doing it."

"A defective notice could mean that you're entitled to full payment of your application without any deduction."

Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.

HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to over £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.

LinkedIn - www.linkedin.com/in/jacob-austin/

Instagram - www.instagram.com/qs.zone/

www.qs.zone/all-links