Episode 5 - The Hidden Impact of Fair Contract Laws on Subcontractors
APR 14, 202619 MIN
Episode 5 - The Hidden Impact of Fair Contract Laws on Subcontractors
APR 14, 202619 MIN
Description
This week on The Subbies Toolbox Podcast, we’re talking about unfair contract terms laws and whether the changes brought in during 2023 have actually made things better for subcontractors.
On paper, these laws look like a big win. There are serious penalties now for companies that include unfair terms in their contracts. But in practice, things aren’t always that simple.
Most subcontractors are still being handed standard form contracts on a take it or leave it basis. And the reality is, many of the clauses in those contracts still heavily favour the builder or upstream party.
So the real question isn’t whether the laws exist. It’s whether they’re actually changing behaviour on the ground.
In this episode, I walk through what’s really happening in the industry, what I’m seeing in negotiations every day, and where these laws are starting to make a difference.
We also unpack some of the more questionable contract practices that are still floating around, including early payment discounts and how they actually work behind the scenes.
If you’re signing contracts regularly, this is something you need to understand. Not from a legal theory perspective, but from a practical, commercial one.
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Resources
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About the Host
Michelle Cirson is construction lawyer, adjudicator and former commercial builder’s CA who now works exclusively with Australian subcontractors. She helps commercial subcontractors manage their builders’ contracts and get paid on time, without losing jobs and blowing up builder relationships. Michelle is the founder of The Subbies Toolbox Membership.
If you want to understand how this system actually works and where subcontractors tend to get caught out, you’ll find more resources at www.subbiestoolbox.com.au