Custom & Practice

There is a danger to some degree in readily following something to the extent that it becomes an unwritten practice.

This could easily apply to adopting or accepting an existing process for (as an example) Payment Applications and Certifications rather than deliberating over what the Contract states and what good practice should or would dictate.

Thereafter the intention would be to formally define such process that all Parties and any newcomers can clearly see what is to be undertaken.

Of course, this applies to any and all issues and not just those related to Payments however it is important to be aware of issues that exist wherein it is purely goodwill that is keeping a process in existence.

Most people do not like change and certainly change which deprives them of a possible advantage; perceived or not, so it is not to be expected that bringing the formalization of this process, and making the necessary changes that come to light, an easy road to go down.

The flip-side of this however, may be seen in regard to items such as mock-ups and test-panels.

When such requirement formally exists or is introduced as a Variation to the Works, the tendency is for the mock-up/test-panel to be undertaken under the most pristine circumstances with the best possible resources available.

This will ultimately undermine your own ability (if you are the Contractor/Subcontractor) to reproduce such work as the simple fact will be such level of perfection will unlikely to be replicated throughout the Project's Works,

In this instance, it will not be possible to formalize the finish other than to determine what is the minimum acceptable taking into account the local resources available for which the Works are to be undertaken with, hence, if the Project is in a relatively remote or under-developed Location, the fact that the resources may be lacking will determine that the best possible outcome will be somewhat different to that which would be expected in a less remote and more developed Location.

As such, one should temper ones expectations and be ready to accept the level of Custom & Practice shown during such mock-ups/test-panels.