Customer's name Address Phone number ‘Address of the premises where the work willbe done, if diferent from the above Contractor's name Address. Phone number VAT registration number fhe is not registered for VAT the contractor must tick here. (] This contract is between the customer and the contractor only, but the customer has appointed a consultant. Consultant's name Address Phone number Profession This contract isin two parts: * Part 1 deals with the arrangements for the work * Part 2 gives the conditions. Bulging contract for a home owner/occupier who has appointed a consuitant to oversee the work © The Joint Contacts Tibunal Limited 2015The arrangements for the work 1 Give a short description of the work to be done. 2 Aull description of the work to be done is given in the documents ticked below. These are the work details. Cicontractor's quotation Date of quotation: fot CiConsultant’s drawings Identifying numbers: t / Ciconsultant’s specification Date of specification: / / other documents (Please speci the documents and show whether the consultant or the contractor prepare them.) (Both the customer and the contractor should initial the documents and the customer should keep a set of them with his copy of this contract.) 'B Planning permission, 1 The consultant has applied, or will apply, for planning permission, building regulations approval ‘building regulations and party wall consents that may be needed. and party walls 2 The contractor will not star work atthe premises before any planning permission and party wall consents that are needed have been received from the consultant. However, the contractor can start work before building regulations approval is received but he must let the local authority know at least 48 hours before he starts. © Using facilities The customer has ticked below the facilites which he will allow the contractor to use free of charge. se Dresses CElectricity CiTelephone/fax OWashroomvtoilet Owater Building contract for a horns owner/ocoupier who has appointed a consultant to overses the work (© The Joint Contracts Trounal Limited 2015D Price E Payment . 1 The price for the work shown in the work details is £ {including any VAT). 2 The contractor wil itemise the price and show the items on which VAT is charged, and at what rate, 3 The price also includes the contractor’ costs of dealing with any unexpected problems which he could have discovered by carrying out a careful inspection of the consultant's documents after visiting the premises. 4. If the work details are changed the price will be increased or reduced depending on the changes made, (See condition 5:) 5 The price for the work shown in the work details, together with all the increases or decreases: made to it, will be the total price. 4 The customer should tick one ofthe boxes below to show how he wil pay the contractor (See conaition 8) The customer wil pay ether: (195% of the total price for the work (as explained at D5 above) when the consultant certifies that the contractor has fished all the work; or ithe agreed instalments shown below (together with any price acustment for changes tothe otk) wen the concultant certs that the relevant stage ofthe works fished Stage Instalment. {The total of any amounts written above should equal 95% of the amount shown at D1.) 2. The customer does not have to pay the remaining 5% of the total price until 14 days after: + the consultant has certified that the contractor has put right all the faults that the contractor is responsible for and that have been discovered within 3 months after the work was finished; and * the customer has received the contractor's Invoice for that amount. (See condition 8.) Building contract for a home owner/oceupier who has appointed a consultant to oversee the work © The Joint Contracts Tribunal Limited 2015F The working period G Product guarantees 1 The customer should tick one of the boxes below to show the working period. The working period is the agreed length of time for doing the work. (ithe contractor will start the work nolaterthan / / (see F3 below) andfinishitby / / (The work will be finished within ‘weeks from a start date to be agreed between ‘the customer and the contractor 2 The working period will be extended in certain circumstances. (See condition 6.) ‘8 The contractor does not have to provide any goods or services listed in condition 11() before the end of the 14-day cancellation period referred to in condition 11(a). If the customer would like the contractor to provide any of those goods or services before this time, the customer must confirm this in writing, The customer accepts that he may have to pay for those goods or services, even if he later cancels this contract. ‘The contractor will give the customer any guarantees issued by the manufacturers of products installed in the work. Before the work starts: 4 The customer wil tel his household insurers (if any) that he is about to have work done at the premises. 2 The contractor will have an “all risks” Insurance policy to cover himself and the customer for the full costs of damage to the work and to unfixed materials which are on the premises before being used in the work. 3. The contractor will have an up-to-date public liability policy for death or injury to people and damage to property. 4 The contractor should fil in the box below to show the amount insured for any one claim arising from one event. 2 ‘The customer will allow the contractor to do the work between ‘am and pm from Monday to Friday, unless they agree otherwise. Building contract for @ horne owner/occupler who has appointed a consultant to oversee the work (© The Joint Contracts Trounal Limited 2015J Occupation and security of the premises K Disputes 1. The customer has ticked a box below to show whether the premises wil be lived in while the work. is being done. Othe premises will be lived in CD. The premises will not be lived in 2 Ifthe premises are unoccupied at any time while the work is being done the contractor will take practical and common-sense precautions to deter intruders entering, 1 The customer or the contractor can start court proceedings to settle any disputes. 2 The customer or the contractor can have disputes decided within 21 days by an adjudicator appointed under an adjudication scheme for this contract. The adjudication scheme is run by The Royal Institution of Chartered Surveyors (RICS), the Royal Institute of British Architects (RIBA), or the National Specialist Contractors Counell (NSC). This is as well as the right to go to court. 3 The contractor agrees that if he wants a dispute to be decided by adjudication he will not apply to the National Specialist Contractors Council. 4 If the customer or the contractor chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this contract, Free details of the cost, rules and procedures for adjudication are available from the following ‘The Royal Institution of Chartered Surveyors Dispute Resolution Service Surveyor Court, Westwood Way, Coventry, CV4 8JE Phone: 020 7232 7000 Fax: 020 7334 3802 E-mail: [email protected] Royal Institute of British Architects Adjudication Administrator 66 Portland Place, London, W1N 48D Phone: 020 7307 3649 Fax: 020 7307 3754 E-mal: [email protected] National Specialist Contractors Council 6-8 Bonhil Street, London, EC2A 4BX Phone: 0844 249 5351 Fax: 0844 249 5352 E-mail: [email protected] Customer’ signature Contractor’ signature Date / Building contract for a home owner/occupier who has appointed a consultant to oversee the work (© The Joht Contracts Tibunal Limited 20159 The consultant's, roles The conditions ‘These conditions apply if the consultant is acting for the customer and dealing with the contractor while the building work is being done. The contractor will do the following, (@) Carry out the work set out in the work details carefully, competently and as the consultant instructs. (b) Use materials which are of satisfactory quality and suitable for their intended purpose. ‘The materials will be new unless the customer agrees otherwise in writing. (©) Start and finish the work within the working period or any extension made to it. (G) Be at the premises regularly to carry out the work during the agreed working hours. (€) Not sub-contract any of the work without the consultant's permission. (0) Store away his tools and equipment and ladders at the end of each working day. (@) Regularly dispose of any rubbish from the work. (h) Be responsible for any damage he may cause to the premises and its contents (r to neighbouring properties. () Leave the working areas in a clean and tidy condition after finishing the work. (Keep to all hs legal duties and responsibilities ‘The customer will do the following, {@) Give the contractor access to the premises during the agreed working hours throughout the: working period. tly clear of obstructions to allow the contractor to carry out (6) Allow the contractor to carry out the work in an order which he considers necessary to finish ‘the work on time, (G) Make sure the consultant carries out his responsibilty to certily the work carried out under this contract {@) The consultant will act for the customer while the work is being done. He will give the contractor instructions, extend timescales if necessary, issue a certificate when all the work, or each stage of the work, has been finished, and issue a certificate when the contractor has put right all faults ‘which have appeared in the work at any time between the date it started and 3 months after It was finished, (©) The consultant will give a copy of the certificates he issues to the customer and the contractor. (©) This contract does not create a legal relationship between the consultant and the contractor. It the contractor disagrees with anything the consultant does, he must take the matter up with the customer. Building contract for a home owner/occupier who has appointed a consultant to oversee the work © The Joint Contacts Tibunal Limited 2015{@) The contractor wil take all practical steps to: (0. prevent or minimise health and safety risks to the customer and other people living in or visiting the promises; (minimise environmental disturbance, nuisance or pollution from the work; and (i) make sure that any temporary protection forthe work s safe and weatherproof. {b) The customer wil (0. take notice ofall warnings the contractor gives about any health and safety or environmental risks which he is taking measures to prevent or minimise; and (not knowingly allow people living in or visiting the premises, particularly children, to be exposed ‘to any dangers from the work. Only the consultant can change the work details on the customer's behalf. Changes will be dealt with as follows. (@) Ifthe changes increase the amount of work shown in the work details and the contractor agrees ‘the changes, he will quote a price for the extra work and time involved. The customer wil then decide whether to go ahead with the changes. If the customer agrees to the changes the consultant will instruct the contractor. (©) If the changes reduce the amount of work shown in the work details the contractor will make {an appropriate reduction in the price. (©) Ifthe changes alter the cost of any items in the work details without increasing or reducing the ‘amount of work involved, an appropriate adjustment of the price will be made to reflect, those changes. 6 Extending the (@) The consultant will extend the working period by a fair and reasonable amount ifthe contractor: ‘working period (has to spend extra time on the work because of changes made to the work detail () cannot finish the work on time for reasons beyond his control, including any delay caused by the customer or the consultant. {(b) The contractor can claim any reasonable costs arising from the working period being extended, because of any delay caused by the customer or the consultant. 7 Gertitying finished __(a) When all the work has been finished to the consultant's reasonable satisfaction he will issue one ‘a certificate showing the date the work finished. making good (b) No later than 3 months after the consultant certifies that all the work has finished, the consultant will give the contractor a list of any faults that have arisen and which the contractor is responsible for. (c) When the contractor has put right all the faults on the list to the consultant's reasonable satisfaction, the consultant will issue a certificate to confirm this. Bulding contract for a home owner/occupier who has appointed a consultant to oversee the work (© The Joint Contracts Tribune Limited 20158 Payment 9 Contractor's continuing responsibility 10 Bringing the contract to an end (@) When the consultant certifies that the work is finished (ifthe customer is not paying by instalments), or when the consultant certifies that each stage of the work is finished (ifthe. customer is paying by instalments), the contractor will invoice the customer for the amount due after taking account of any price increase or decrease for changes made to the work detals. ‘The invoice will be itemised and show the rate of VAT charged on each item. (0) Ifthe consultant is satisfied that the invoice details are correct, the customer will pay the ‘amount of the invoice no later than 14 days after receiving it from the contractor. (6) After the consultant has issued his certificate confirming that all the reported faults have been put right, the contractor can invoice the customer for the remaining 5% of the total price. The customer ‘must pay this no later than 14 days after receiving the invoice. For 6 years after carrying out the work the contractor will remain responsible for any faults in the work (other than fair wear and tear) which are caused by him. ‘As well as the customers cancellation rights set out in condition 11 below, the following also apply. (@) Ifthe contractor: (0 isnot atthe premises regulary to carry out the work; or {is not meeting his health and safety and environmental esponsibiltes; or (i)is so incompetent or careless thatthe work is of an unacceptable standard; and does not correct the matter within 7 days of receiving a written warning from the customer or the consultant, the customer can erid this contract by giving the contractor written notice. The contract will end as soon as that notice is given. (0) If the customer ends this contract he will only have to pay any money due to the contractor when the work has been finished by another contractor (0) Ifthe customer: (0. does not pay an amount due, without having good reason; or (i) prevents or obstructs the contractor from carrying out the work; ‘and does not correct the matter within 7 days of receiving a written warning from the contractor, the contractor can end this contract by aiving the customer written notice. The contract will end ‘as soon as that notice is given. (@) The contractor can also give the customer written notice to end this contract with immediate effect i the consultant falls or refuses to act as he should under this contract and the matter Is not put right within 7 days of the contractor reporting this in writing to the customer. (2) If the contractor ends this contract the customer will pay him, within 14 days of the contract ‘ending, for work properly carried out, for any materials made specially for the work and for any ther of the contractor's materials on the premises which he allows the customer to keep. Builcing contract for a home owner/occupier who has appointed a consultant to oversee the work (© The Joint Contracts Trbunal Limited 201512 Insolvency {@) Ifthe customer or the contractor becomes insolvent (unable to pay thelr debts), this contract will ‘come to an end unless the insolvency practitioner involved makes a suitable arrangement to allow the contract to continue. (0) If this contract comes to an end because the contractor becomes insolvent, the customer will not have to pay any amount then due to the contractor until the work has been finished by another contractor. (© The Joint Contracts Tibunal Limited 2015(@) The customer and the contractor can claim from each other the costs and expenses which result from either of them failing to keep to this contract. (0) This contract does not rule out or limit any other legal remedies which may be available to the customer or the contractor (c) Only the customer and the contractor can take action to enforce the terms of this contract. ‘The laws of England and Wales apply to this contract. Cancellation form If you want to cancel the contract you must do so in writing and deliver or send it to the person ‘named below. You can use this form if you want to, but you do not have to. To (contractor to insert name and address of the person the notice may be given to.) want to cancel my contract (contractor to insert reference number, code or other details to identify the contract). Customer's signature Name and address . Date eee) Buiiing contract for @ home owner/occupier who has appointed a consuitant to oversee the work " (© The Joint Contracts Trbunal Limited 2015FOR A HOME OWNER/OCCUPIER who has appointed a consultant to oversee the work snson Reutors Pressons UK Ltd ar Raa, London, SE {Rogie in Engard!& Wales, Company No 1672046) Fest psd August vied Jy 2000 Revead March 2015