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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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Defective Premises Act—work in relation to dwellings

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work:•for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or•in relation to any part of a ‘relevant building’, which is a building containing one or more dwellings (DPA 1972, s 2A),owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation.'Fit for habitation' does not impose a separate obligation, but is the standard by which 'workmanlike’/’professional’ manner and 'proper materials' are to be judged. This means that liability under DPA 1972, ss 1(1) and 2A is strict: if the works or materials provided have caused the dwelling to become unfit for habitation, the defendant is liable for breach of the statutory duty, regardless of whether it used reasonable skill and care, or met any other relevant standard in relation to its works or services.Note that DPA 1972, s 2A was...

Who is liable for inherent defects?

This Practice Note covers the meaning of inherent defect, whether a landlord or a tenant has an obligation to remedy the defect, whether there are any implied obligations to remedy inherent defects and the position where the defect causes damage.Responsibility for repair under the Building Safety Act 2022 (BSA 2022) is not covered by this Practice Note. For content on liability under BSA 2022, see Practice Notes: Building Safety Act 2022—key provisions and issues and Building Safety Act 2022—landlord and tenant issues.Inherent defects in leasehold propertyDefects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems later on. In one leading case, defective joints in the basement of an office building let in water so that the basement was unusable. In another, poorly designed double glazing units led to condensation and black mould. Where such problems arise, the question of liability closely follows.Disputes over inherent defects in leasehold property frequently focus on the terms of the landlord’s or tenant’s...

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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