Michelle Cirson
The Subbies' Toolbox Podcast
The Subbies Toolbox Podcast is for Australian commercial subcontractors who want to understand the real rules of construction and stop being worn down by outdated systems and one-sided contracts. Hosted by Michelle Cirson, a construction lawyer, adjudicator and former builder contracts administrator, this podcast calls out industry norms that no longer make sense and explains how subcontractors can navigate them with clarity and confidence. Michelle explores topics like contract risk, power imbalances, commercial leverage and smarter ways to work within the system while pushing for better outc...
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Autor
Michelle Cirson
Categoría
Web del podcast
Último episodio
9 de sep. de 2026
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Episodios
Episode 60 - 5 Key things you should always check in your contracts 14.11.2024 10:46
Today’s podcast is all about the five key basics you should ALWAYS check in any builder's contract before signing. I’m talking about the bare minimum things you can do to avoid common traps and pitfalls that could cost you big time down the line. From double-checking the contract sum, scope of work, and guarantees, these straightforward checks are essential! Don't sign without them! -------...
Episode 59 - Dumb things builders say during contract negotiations 07.11.2024 17:23
If you’re a subcontractor, chances are your builder’s thrown some frustrating phrases your way! In this episode of the Tricks of Your Trade podcast, I’m calling out those classic lines builders use to push back in negotiations—and giving you the tools to respond with confidence (and keep your cool). ----------------------------------------------------------------------------------- Dow...
Episode 58 - 3 Ways to make your Departure Schedule Shorter 31.10.2024 12:23
In this episode of the Tricks of Your Trade podcast, I share three essential tips to make your departure schedule shorter, and keep your builder happy. ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract ; A Guide For Subcontractors Explore ways to get more of Michelle in your wo...
Episode 57 - The Mathematical Likelihood Things Will Go South 25.10.2024 19:44
In this episode of the Tricks of the Trade podcast, I dive into a topic that's been on my mind for ages—the mathematical likelihood you'll end up in a dispute. Inspired by Survivor of all things, I discuss how predictable behavior can help you navigate contract disputes. I also break down a formula that sheds light on the probability of conflicts, the importance of doing due diligence, and the nec...
Episode 56 - Neapolitan Ice Cream Theory 17.10.2024 11:06
Ever thought about mixing friends, family, and business? If so, you might want to reconsider! Today we dive into what I like to call: "The Neapolitan Ice Cream Theory". In this episode of the Tricks of your Trade Podcast, we unpack why “love jobs” can be the riskiest ventures for your business with the least reward. Discover how mixing family, friends, and business can lead to a whole lot of mess...
Episode 55 - "Better to have a gun and not need it..." 10.10.2024 11:27
Have you ever heard the phrase, "It's better to have a gun and not need it than to need it and not have it"? In this episode, I’m diving into how builders’ lawyers love throwing that around in contract negotiations— and why it’s not exactly great for building strong partnerships. I share some tricks for flipping the script, building better relationships on the job, and ultimately leading to better...
Episode 54 - the mathematical likelihood things go south 29.09.2024 19:55
There is actually a mathematical equation that can be done to work out the likelihood you'll fall into dispute with your builder, based on the number of transactions you enter into and the number of other parties involved in the transaction. In this episode, I drill into what you can and can't control, and why you should care about the maths. You can watch this Episode on the Youtube channel for v...
Episode 53 - Advantages of an in house contract review 14.11.2023 19:05
In this episode, I discuss the benefits of reviewing your own contracts internally before seeking legal advice. I explain how understanding your trade and operations can help identify risks better than a lawyer alone. Key takeaways include reading contracts like drawings, using a checklist tailored to your needs, and asking lawyers targeted questions. Episode Highlights: Read contracts by separati...
Episode 52 - Good and bad things builders did before going broke 31.10.2023 33:59
In this episode, we're observing things builders have done both positively and negatively when struggling financially or going into liquidation. Episode highlights include: - Going public with financial struggles can trigger preference payment scrutiny Bogus charges/liquidated damages impact subbie insurance coverage Dragging out non-payment strings subs along without work or pay Play it straight...
Episode 51 - Margin give back on negative variations 17.10.2023 12:23
In this episode, I'm discussing the importance of understanding how negative variations are treated in your subcontracting agreements. Many tradespeople are unaware that accepting large deletions of scope can eat into their profit margins if the contract allows builders to recoup money on cancelled work. I'm also sharing real world examples and guidance on evaluating your contracts to avoid unexpe...
Episode 50 Pros and cons of bank guarantees 03.10.2023 20:50
Today, I want to shed light on the world of bank guarantees. They may seem like a cash flow saviour, but do they come with hidden risks? Join me as I explore the pros, cons, and the unexpected pitfalls of using bank guarantees in your trade contracts. Whether you're a builder or a subcontractor, this episode will help you make informed decisions about your financial security. Episode Takeaways: Ba...
Episode 49 - How to change your builder's contract without starting a war 05.09.2023 33:51
Welcome to the Tricks of Your Trade podcast, where we delve into the ins and outs of the trade business world to help you navigate it successfully. Today, I want to revisit the crucial topic of negotiating contracts with builders, a subject that's vital for all you LLC subbies out there. With the surge in contract signings, it's more important than ever to ensure you're getting the terms you need...
Episode 48 - Using Logic-Based Assurances in Negotiation 22.08.2023 18:31
In this episode, let's dive into a crucial topic: harnessing logic-based assurances to transform your builder's contract without igniting conflicts. With my experience as a construction adjudicator, lawyer, and director of Tricks of Your Trade, I'll guide you through effective negotiation strategies including: Exploring the delicate art of changing builder's contracts amid industry uncertainties....
Episode 47 - What your average Contract Sum tells you about your risk profile 06.06.2023 22:40
Today, we're going to delve into the intriguing world of subcontracting within the Australian construction industry. Specifically, we'll be exploring how the contract sum can reveal important insights about your risk profile as a subcontractor. Join me as we unravel the mysteries behind contract sums and gain a deeper understanding of how they can impact your risk profile as a subcontractor. Wheth...
Episode 46 - Watch out for the cross contracts deductions clause in your builder's contract 23.05.2023 21:13
In this episode of The Tricks of Your Trade podcast, we delve into a crucial aspect of builder's contracts that often goes unnoticed but can have significant financial implications. We shine a spotlight on the "cross contract set off" or "set offs" clauses, also known as "Other Monies Due" clauses in the Australian Standards. These seemingly innocuous clauses can pose a grave danger to contractors...
Episode 45 - Why insolvent builders won’t fall on their sword 09.05.2023 28:47
In this episode of Tricks of Your Trade Podcast, we tackle a tough truth that may be difficult for subcontractors to hear. We dive deep into the world of insolvent builders and why, in many instances, it's actually in your best interests if they fall on their sword sooner rather than later. Join us as we explore the reasons behind builders' reluctance to admit defeat and how it can end up costing...
Episode 44 - 10 signs your builder might be going broke 25.04.2023 25:31
If you're a subcontractor in the construction industry, it's important to keep an eye out for signs that your builder might be struggling financially. In this episode, I discuss the top 10 signs to watch out for, and what they could mean for your business. I also provide practical tips for assessing the situation and protecting yourself in case of a builder's insolvency. -------------------...
Episode 43 - How to rank contract departures based on importance 11.04.2023 23:57
In this episode of Tricks of your Trade, I'm sharing my tips for prioritizing contract departures when negotiating with your builder. Instead of getting lost in legal jargon and clauses, I take a practical approach to help you identify what's really important for your project. Here are the key takeaways: Builders don't usually write their own contracts, so it's important to think about it in terms...
Episode 42 - Negotiating With The Principal When Your Builder Goes Broke 05.04.2023 27:21
If your builder has just gone broke, you have a window of opportunity to negotiate a payment and some terms to complete the job with the principal. If you go into this negotiation the stress ball emotional wreck you understandably are, there’s a good chance you might agree to terms that don’t work for you. In this episode of the Tricks of Your Trade Podcast, I drill down on the four leverage indic...
Episode 41 - Dirty Deeds In Builders' Contracts 14.03.2023 14:56
If you are a subcontractor working for commercial builders, and you supply materials and equipment for your trade work, you need to be on the lookout for the Supplier Warranty Deed. If your builder’s includes one of these deeds, you might find yourself the meat between the builder and your supplier when the builder asks you to convince the supplier to sign their big scary deed at the end of the jo...
Episode 40 - Union Management for Subcontractors with Tim Dive 27.02.2023 30:46
Non-union subcontractors may be cheaper, but do they really provide the same quality and value as union subcontractors? Find out in this week’s podcast with special guest, Tim Dive! "The best thing you can do in my book, the best thing any company can do is remain in control of your business as much as you can." - Tim Dive In this podcast episode, Tim shares how unions gain access to workers and h...
Episode 39 - Sharing construction secrets with Cian Brennan 10.02.2023 49:52
Today I'm interviewing Cian Brennan, CEO of Quantum Contracting Solutions. With a background working for tier 1 contractors, and qualifications in engineering and construction management Cian Brennan has witnessed first hand what goes on behind closed doors in the contractor's camp, and how they deal with subbie administration. Cian Brennan's Youtube Channel: https://www.youtube.com/channel...
Episode 38 - ABN Workers and Fair Work 05.02.2023 38:32
Welcome to our special guest Tim Dive from Workplace Advisory Specialists. In this episode we discuss the best type of Contract for an ABN worker, and the common ways subcontracting businesses come unstuck when hiring labour that doesn’t want to go on the payroll. If you would like to contact Tim for more information, Tim’s details are below: Tim Dive Director - Workplace Advisory Specialists tim@...
Episode 37 - Chain of Responsibility for NCC Compliance 04.01.2023 12:57
What to do if you're builder is directing you to build something you know doesn't comply with the National Construction Code. ----------------------------------------------------------------------------------- Download Michelle's Freebies! 10 Changes to Make to Your Builders Contract ; A Guide For Subcontractors Explore ways to get more of Michelle in your world Book a Free Scoping Ca...
Episode 36 - Fighting builders for the principle of it 23.10.2022 17:30
Changing pace on our podcast today, because recently I've had a front row seat to some very large protracted disputes, where the parties won't settle because one party is fighting for the principle of it. In this episode I'm ripping the band aid off and getting real about why you're better off using commerical cost benefit principles to settle a dispute, rather than moral principles, or even the r...
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