CABL Forum - Re: There are laws to stop from being ripped off..

A lot of great feedback to your question fjjk.

If your contract does not spell out exactly the type of machinery to be used in the "Scope of Work", but generalizes with a "..any means necessary..." then technically your prime cannot dictate to you on machinery type/style. What they can do after you have signed the contract is "Recommend", "Encourage you to use", "Ask you nicely to use". Weather or not you decide to follow those nudges of "Recommended Tools", is entirely up to you.

Remember folks ....... It's all in the verbiage used in those MSO/Prime .... or ..... Prime/Sub business relationships that trips most companies up and causes change-orders (at-best) or lawsuits (at-worst). Big difference in "Tom, we'd recommend you use XYZ Brand machine here" ... and .... "Tom, you must use XYZ Brand machine here".

Check your contract again on tooling and scope of work. If it's wide open "...by any means necessary", then ask your prime to point out in the contract and clarify the tooling needed for the project. Get his understanding of "...by any means necessary.." and how it relates to the project. Ask him if he is merely "Recommending" that you use a particular machine model or is it a "Mandatory" or "Must Use" machine. Show him the confusion your working with.

It's better to ask for clarification on issues than to pop a cork over stuff. For most business owners, a project is just work. It's business. If there's language errors in a contract that cause vagueness and confusion, then you can bet the Prime is gonna chew up his lawyer's arse for what will surely generate a lot of change-orders and cost him money.

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Re: There are laws to stop from being ripped off..