EM Law are experts in advising clients on building contracts. Our lead construction lawyer is Anna Rabin who has extensive experience in advising clients on a wide range of construction law matters.
A building contract, put simply, is an agreement to carry out building work in return for payment. The building contract covers in detail the arrangements of a building project including the stages at which you should pay the builder along with procedures for how to deal with extra costs, project scheduling, potential overruns and many other things such as purchasing materials, site safety and so on.
The Joint Contracts Tribunal (JCT) publishes standard forms of building contract that are used for construction projects in England and Wales. Such contracts include design and build contracts, construction management contracts and the standard building contracts.
Home Owner Building Contract
Home Owner Building Contracts are used by individuals who want to make simple changes to their home. Such changes could include an extension or a loft conversion. As the contract is between a trader and a consumer, the Consumer Rights Act 2015 applies.
Minor Works Building Contract
Minor Works Building Contracts are intended for simple projects. Such projects could include a small extension to an existing building or remodelling a business’ reception area. Typically these works will cost less than £250,000 in value.
Intermediate Works Building Contract
Intermediate Works Building Contracts are intended for mid-sized projects. Such projects could include a small and simple additional building on an existing site or a one-off refurbishment of the common parts of a block of flats. This contract is designed to strike a balance between the complexity of a construction project and the need for ease of use of the building contract.
Standard Building Contract
Standard Building Contracts are intended for large or complex construction projects, where more detailed contract provisions are needed. Depending on the type of Standard Building Contract used, the employer will need to provide drawings and specifications, works schedules or bills of quantities to specify the quantity and quality of work at tender stage. Standard Building Contracts require an experienced architect or contract administrator to supervise the contract, the contractor and the works, dealing with day-to-day administration.
Design and Build Contract
Design and Build Contracts are intended for use on the same types of projects as Standard Building Contracts. The difference is that the contractor designs and builds the project. Design and Build Contracts can be seen as giving a single point of responsibility for delivering the entire project. However some clients consider it only appropriate for simple projects, where design quality is not the main consideration.
For any questions you may have concerning building contracts contact Anna Rabin.
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