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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

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Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a specified period after practical completion of the works. This is typically referred to in the construction industry as the defects liability period (DLP), although the JCT contracts refer to it as the rectification period, NEC uses the term defects date and FIDIC refers to it as the defects notification period.What is a defect?As the DLP relates to the rectification of ‘defects’, it is important to consider what this term covers. ‘Defect’ is not a term of art and there is no ‘standard’ definition of what constitutes a defect in building works. However, in broad terms, a defect is work which does not meet the standard or a specification required by the building contract. This can be due to fault(s) in the work, materials or design, or shortcomings in the quality...

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an important stage in a construction project because it has significant commercial, contractual, financial and practical implications for both the employer and the contractor. Whether a construction project has, in fact, achieved practical completion is a frequent source of disagreement and disputes within the construction industry.Practical completion is also known as ‘substantial completion’ or simply ‘completion’ in some contracts.What does 'practical completion' mean?Many problems that occur on construction projects in relation to practical completion arise out of the difficulty in knowing what the term practical completion means.It is quite typical for the expression 'practical completion' to be used in building contracts with little or no clarification as to what it is intended to mean, ie what state the contract requires the works to have reached in order...

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Schedule of services—M&E Engineer (traditional procurement)

Schedule of services—M&E Engineer (traditional procurement) Schedule of services—M&E engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: — advising in relation to the scopes of services for other members of the Design Team — advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) — directing other consultants forming the Design Team — co-ordinating and integrating the design of the Project as a whole — arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards — facilitating communication between the Client and the Design Team — co-ordinate and collate end of stage reports] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 and the Building Regulations 2010 to ensure best practice at all times in respect of safety in design OR interact...

Schedule of services—Project Manager

Schedule of services—Project Manager Schedule of services—Project Manager The Project manager shall: General responsibilities • act as the Client’s representative and issue information and instructions to the Project Team on behalf of the Client; • receive the Client’s instructions and information relating to the Project; • report to the Client as necessary; • ensure the Client is kept informed at all stages of the Project and the Client's interests are properly represented in all activities and decisions (to which it is a party) associated with the Project; • provide written reports to the Client at not less than [insert, eg monthly] intervals in accordance with the Client’s requirements and in a format approved by the Client; • take all reasonable steps to anticipate problems and mitigate risk and take steps to resolve problems to the Client’s best advantage; • ensure that the Project Team give due regard to time and cost constraints when making decisions and giving instructions; • project manage the design, procurement and carrying out of the...

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Construction weekly highlights—17 April 2025

This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) regarding its forthcoming Target Cost Contract, analysis of a case in which the Technology and Construction Court (TCC) considered whether a substation owner had been entitled to implement a more expensive scheme of remedial works (Southern Electricity v OCU Modus), a case in which the TCC dismissed a claim against a consultant on the basis that the defects in dispute arose from workmanship and not design (MJS Projects v RPS Consulting), and publication of the Office for National Statistics (ONS)’s construction output for February 2025