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CG14:18
Pre-Contract Meetings

Introduction
Other than for very small contracts most contracts of any size have a pre-contract meeting. The primary purpose of the meeting is
often for the parties of the scaffolding contractor to clarify specific points in the enquiry and quotation. The meetings often progress
towards formal acceptance by the client of the scaffoldng contractor’s original / amended / clarified quotation along with the
agreement of a wide range of other issues including operational, commercial and safety issues.

The formality of such meetings is varied, ranging from totally informal to the agreement of minutes of the meeting to be included in
any subsequent contract.

Arguably this should be the most important meeting of the entire contract as it seeks to clarify the requirements of the parties and
conclude an agreement between them.

Unfortunately unless such meetings are approached properly they can come back to haunt the parties and very often it is the
scaffolding company which suffers most, particularly when minutes of the meeting are incorporated into the contract documents.

Meeting Agendas
Most major contractors have a set agenda for pre-contract meetings and often use a pro-forma set of minutes. These minutes are
often formalised by the signature of both parties and included in the contract documents. Agendas deal with most or all of the
following matters:-

G Identification of contracting parties


G Identification of main contract works
G Requirement for minutes to form part of contract documents
G Definition of extent of work covered by quotation
G Requirement for a statement of compliance with the enquiry specification
G Price and payment
• Fixed or fluctuating
• Discounts
• Retention
• Whether price is comprehensive of specification
• Payment mechanisms
G Contract conditions - main and sub-contract
G Programme - lead times, start dates, phasing of work
G Attendances - office space, electricity, water, unloading and hoisting etc
G Site access and restrictions
G Health and Safety
G Quality assurance
G Insurances
G Bonds
G Site working hours
G Site access and restrictions
G Design responsibilities
G Supervision requirements
G Labour resources
G Information requirements
G Contractual procedures - change orders, variations, supply of information
G Correspondence and communication procedures

NASC May 2018


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Pitfalls
Pre-contract meetings provide a number of pitfalls if not approached carefully:

G Clients tend to get their issues resolved but scaffolding contractors don’t.
G In the euphoria of being awarded the contract there is a danger of agreeing to something which is later regretted
G Scaffolding contractors are often railroaded into making on the spot decisions
G Scaffolding contractors are asked to agree to documents without an opportunity to read them eg. health and safety and quality
manuals

Recommended Strategy
Ensure that adequate preparations are made before attending

G Preferably do not go alone, especially if it’s a new client


G Ask for an agenda in advance of the meeting
G If pro-forma minutes are to be used ask for a blank copy in advance
G Ask your client who should attend (Director, Estimator, Safety Officer, Operations Manager)
G Ask who will be attending for the client
G Ask how long the meeting is likely to take so you can free up your diary (rushing to your next appointment can be costly)
G Ensure your team is fully briefed, has read the enquiry, the tender and the agenda
G Prepare your own agenda / list of items not covered by client agenda

Attending the meeting

G Arrive in good time (being late puts you under pressure and creates the wrong impression. It is better to ring ahead and let
them know you have been delayed)
G If you have a choice sit with your back to the window (it avoids distractions and keeps the sun out of your eyes)
G Make a note of attendees and their job titles.
G Avoid being railroaded into giving answers. If you are not certain of your answer say so and tell them you will come back to the
point in question
G Don’t be bullied into changing something in your tender without giving it due consideration
G If your client’s agenda does not cover all your issues, and it probably does not, raise them at the end under ‘any other business’
G All your team should take notes and not just of those parts of the agenda they are interested in
G Never sign the minutes before you leave. Always take them away, read them carefully and sign them in your own time
G Don’t be intimidated (the client may have left things to the last minute and does not have time to get an alternative supplier)
G Make sure you have clarified how the following will be dealt with:

• Recording of extra work


• Valuing extra work
• Daywork rates have been agreed
• Access to the site is agreed
• Foundation requirements
• Method of tying
• Notice to carry out work

After the meeting

G Hold a short informal de-brief with your team


G Compare notes
G Confirm that all the points you needed to cover have been dealt with
G If other issues arise from the de-brief clarify them with your client
G Sign and return your clients minutes retaining a copy for yourself
G If the client does not prepare minutes of the meeting consider preparing and circulating your own or at least date and file the
notes of your team

Whilst every effort has been made to provide reliable and accurate information, we would welcome any corrections to information provided by the Writer which
may not be entirely accurate, therefore and for this reason, the NASC or indeed the Writer, cannot accept responsibility for any misinformation posted.

NASC NASC, 4TH FLOOR, 12 BRIDEWELL PLACE, LONDON EC4V 6AP


TEL: 020 7822 7400 FAX: 020 7822 7401
enquiries@nasc.org.uk www.nasc.org.uk
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