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by Sarah Lupton
Guide to RIBA Domestic and Concise Building Contracts 2018
Cover
Title
Copyright
Foreword
About the author
Contents
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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Copyright
Guide to RIBA Domestic and Concise Building Contracts 2018
Sarah Lupton
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