CCS criticises new Multiplex DOM/2 form

The Confederation of Construction Specialists (CCS) is unhappy with Multiplex's amendments to the DOM/2 subcontract form.
The CCS has given Multiplex's form (dated November 2003) for use with JCT '98 with Contractors Design a score of 57% compliance with the Construction Act.
The CCS marked the contractor down for its payment period provisions: the backstop for payment for the first and interim payments is 35 days after the date they became due.
"This means that in each case the subcontractor provides an extra 18 days of credit to the contractor. To overcome this, the subcontractor needs to ensure that a schedule for payments is negotiated," the CCS said.
The specialists' body also noted that the subcontractor is penalised for failing to provide any required bonds, warranties and/or guarantees on time in the form of withholding further payment until such documents are provided.
Furthermore, the CCS is concerned that changes to Clauses 4 and 11 "impose new and modified risks, liabilities, obligations and entitlements that enable the main contractor to treat the subcontractor as another main contractor whenever risk is being re-allocated and then treat the subcontractor as a lower tier subcontractor whenever rights and entitlements are being handed down and out".
A Multiplex spokesman said: "Multiplex continually strives for constructive relationships with a wide range of subcontractors all over the world."