DEALING WITH AN UNDERPERFORMING FIRE-STOPPING CONTRACTOR
James Reid – Operations Director
INTRODUCTION
Fire safety is paramount on any construction site. It’s not just about meeting regulatory requirements; more importantly it’s about protecting lives and property.
When a fire stopping contractor isn’t performing as required, it’s crucial to identify and address the issue(s) promptly and effectively. Unfortunately, there is still evidence of some third-party approved fire stopping contractors consistently underperforming with regard to quality and programming.
WAY FORWARD
So what do you do if your fire stopping contractor is not delivering to the required standards? Here’s some suggestions that might help you manage the situation:
- Before taking any action, evaluate the contractor’s performance objectively. Do they consistently miss deadlines? Are issues with the quality of their work? Document specific instances where the contractor has failed to meet expectations.
- Open communication is key. Schedule a meeting with the contractor to discuss your concerns. Be specific about the areas where their performance is lacking and provide examples. Additionally, listen to their perspective to ascertain if there are any underlying issues that could be the cause of the problems. Competent fire stopping contractors will react to news of their poor performance positively and proactively, and you should expect their senior management to attend site promptly to review their processes and procedures so a solution can be found and measures put in place to prevent the issues recurring.
- Review the terms of the contract with the contractor. Highlight relevant clauses related to performance standards, deadlines, and consequences for underperformance. Remind them of their contractual obligations and the implications if they are not met. Contracts are in place to protect all parties against poor performance.
- Clarify your expectations moving forward. Outline the desired outcomes, deadlines, and quality standards in writing. Make sure the contractor understands what is required of them and the consequences of not meeting these expectations. Insist on a written reply, which will confirm the fire stopping contractor’s understanding of the situation and provide reassurance that their delivery will improve.
- Sometimes factors outside the contractor’s control can inadvertently affect their performance. Examples might be; apertures built to the wrong size; service pipework installed too close together, or too close to the edge of the aperture. An experienced and competent fire stopping contractor will notify you of these issues ahead of time. We would suggest that you consider offering support and resources to assist in overcoming any challenges, which could include assistance from other subcontractors and/or regular programme reviews with your site management.
- After addressing the issue(s), agree to check-in regularly to monitor the promised improvements and confirm agreed milestones in the programme are reached. In cases of poor workmanship, insist that senior managers are actively involved in the remediation. Document all your findings including improvements and any shortcomings.
- Should the contractor fail to improve despite your efforts, it may be necessary to implement penalties as outlined in the contract. No one wants to get to this point, but unfortunately financial penalties may be the only way to get the fire stopping contractors attention. Financial penalties could involve issuing notices of delay, withholding payments, or termination of the contract. Make sure to follow the procedures outlined in the contract to avoid any legal disputes.
- If the situation escalates and you’re unsure how to proceed, seek legal advice. A construction lawyer can review the contract, assess your options, and provide guidance on the best course of action. If you need to go down this route, make sure to keep your fire stopping contractor up to date so that you can recover legal costs accordingly.
- If terminating the contract is not feasible due to time or budget constraints, consider alternative solutions. These could involve bringing in a new fire stopping subcontractor to rectify the deficiencies, contra-charging the initial fire stopping contractor for your additional management time and additional fees incurred from new contractors or reallocating resources to address the issues internally.
- Use the experience as an opportunity to improve your contractor selection process in the future. Look for warning signs during the bidding and negotiation phase and incorporate stricter performance evaluation criteria into your contracts. You should be looking for contractors that follow processes and procedures, have a Quality Assurance team separate from their Projects Teams, hold suitable levels of insurance and those that can showcase past success and projects completed with references from their past clients.
CONCLUSION:
In conclusion, dealing with an underperforming fire stopping contractor requires a proactive and systematic approach. By addressing the issue promptly, communicating clearly, and enforcing the terms of the contract, you can minimise disruptions to your project and ensure the safety of all stakeholders involved. Remember, fire safety is non-negotiable, and holding contractors accountable is essential in upholding those standards with everyone having a moral responsibility to get it right.
