Contents

Foreword

About the author

About this Guide

1 Introduction

Features of the RIBA Building Contracts

Suitability for different procurement routes

Differences between the concise and domestic contracts

Use by domestic and commercial clients

Use by public bodies

Changes to the forms since the previous editions

Comparison with other contracts

2 Forming the contract

Tendering

Implications of the Consumer Rights Act 2015

Tendering procedures

Information that must be included in tender documents

Pre-contract negotiations

Preparing and executing the contract package

Interpreting the contract and resolving inconsistencies

Definitions

Priority of contract documents

Inconsistencies, errors or omissions

3 Roles and management systems

Role of the contract administrator

Role of the client

Client acting as contract administrator

Role of the contractor

Completing the works

Contractor’s design obligation

Contractor’s design liability

Contractor’s obligations in respect of subcontracted work

Compliance with statute/health and safety legislation

Management systems

Pre-start meeting

Progress meetings

Risk register

4 Project progress

The site: possession

Starting the work

Completion in sections

The contractor’s programme

Content of programme

Progress

Updated programmes

Finishing the work

Delay

Revisions to the contract completion date

Applying for a revision of time

Assessment of an application

Final assessment of revisions of time

5 Control of the works

Control of day-to-day activities

Contractor’s representative

Responsibility for subcontractors

Principal designer

Flow of information

Information to be provided by the contract administrator

Information to be provided by the contractor

Inspection and tests

Inspection

Testing and defective work

Contractor administrator’s instructions

Delivery of instructions

Procedure following an instruction

6 Payment and certification

The contract price

Adjustments to the contract price

Certification and payment

Advanced payment

Interim payments – monthly certification

Interim payments – milestone payments

Interim payments – payment on practical completion

Payment of interim payments

Contractor’s remedy if no certificate issued

Contractor’s remedies if certificate not paid

7 Practical completion, completion and post-completion

Practical completion

Consequences of practical completion

Use/occupation before practical completion

Non-completion

The defects fixing period

Payments following practical completion

Final contract price and payment

Conclusiveness

8 Insurance

Liability

Indemnity

Insurance

Professional indemnity insurance

9 Termination

Termination by the client

Abandoning the works

Failing to proceed regularly and diligently

Failing to comply with instructions

Material breach of contract

Procedure for terminating

Termination by the contractor

Material breach of contract

Termination by either party

Insolvency or bankruptcy

Frustration

Consequences of termination

Payment

Access to the site and security

10 Dispute handling and resolution

Mediation

Adjudication

The adjudication process

Challenging an adjudicator’s decision

Arbitration

Appendix 1

Key legislation that impacts on construction contracts

Exemption clauses

Other consumer legislation

References

Further Reading

Clause Index

Subject Index

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