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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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FIDIC contracts 2017—price

FIDIC contracts 2017—price Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red and Pink Books are remeasurement contracts, whereas the Yellow, Silver and Gold Books are lump sum fixed price contracts. This Practice Note looks at how the Contract Price in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) is calculated, and the ways in which it can be adjusted. For a review of price in the 1999 editions of the Red, Yellow and Silver Books, and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—price. Remeasurement In remeasurement contracts, an initial estimate of the value of the works is determined by measuring the quantity of each work item (which will be set out in a document referred to as a bill of quantities) and multiplying it by the agreed rate for that particular item. This calculation is then made again at the end...

Cumulative impact claims

Cumulative impact claims This Practice Note provides an introduction to cumulative impact claims and considers how multiple variations instructed on a construction project may effect the contractor’s ability to progress the unchanged work and cause a loss of productivity, the court’s and tribunals’ approach to such claims, the potential impact of contractual provisions on such claims, how and when to quantify claims and practical tips on how to succeed in a cumulative impact claim. What is a cumulative impact claim? Variations on construction projects are extremely common and occur for many reasons, for example, where a contract is signed prior to the design or scope of works being finalised, where the employer wants to make changes on the project as building work progresses, where there are inconsistencies in the contract documents that require resolution, or unforeseen physical conditions on site which need to be addressed. The direct impact of variations, in terms of the cost to carry out the varied work and the effect on work connected to the change...

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Letter of intent—construction—employer friendly

Letter of intent—construction—employer friendly From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on the [insert form of proposed contract], as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not...

Contract cover sheet

Contract cover sheet [insert commercial sensitivity status eg ‘confidential’, ‘privileged and confidential’, ‘restricted’ etc] For internal use only: not to send externally This document is a summary of the main terms of the contract for quick reference only. Do not use it as a basis for making business or legal decisions without checking the terms of the underlying contract and consulting with [insert contract owner or relevant team eg Legal Department]. Internal overview Contract reference: [insert contract reference] Title of contract: [insert contract title] Date: [insert contract date] Description: [insert description of contract] Internal business customer and department: [insert name of internal business customer and department][insert contact details of internal business customer] Contract manager: [insert name of contract manager][insert contact details of contract manager] Contract value: [insert value of contract] Approval required: [yes OR no] [insert details of level of approval required] Approval obtained: [yes OR no] [insert details of obtained approval] Key review dates: [insert details of any key review dates] Contracting...

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'Surmise and micawberism'—court rejects jurisdictional and natural justice challenges to adjudication enforcement (LAPP Industries v 1st Formations)

Construction analysis: The Technology and Construction Court (TCC) rejected a set of jurisdictional and natural justice challenges to an adjudicator's decision, emphasising that such challenges will succeed in only the plainest cases. Among other points, the court found that where a matter relevant to the adjudicator's jurisdiction necessarily 'overlapped' with the adjudicator's decision on the substantive issues, that matter could not be considered at the enforcement stage.