Contents

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

Compliance with the Housing Grants, Construction and Regeneration Act 1996 (as amended)

Other differences between the contracts

Use of CBC by a ‘consumer’

Comparison with other contracts

2 Forming the contract

Tendering

Tendering procedures

Information that must be included in tender documents

Pre-contract negotiations

Executing the contract

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 contractor

Completing the works

Contractor’s design obligation

Contractor’s obligations in respect of subcontracted work

Compliance with statute/health and safety legislation

Role of the client

Customer acting as contract administrator

Management systems

Pre-start meeting

Progress meetings (CBC)

Risks 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

‘Person-in-charge’

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

Practical completion

Consequences of practical completion

Use/occupation before practical completion

Non-completion

The defects fixing period

6 Payment and certification

The contract price

Adjustments to the contract price

Certification and payment – concise contract

Advanced payment

Interim payments – monthly certification

Interim payments – payment on practical completion

Interim payments – milestone payments

Payment of interim payments

Final contract price and payment

Certification and payment – DBC

Interim payments – monthly certification

Interim payments – milestone payments

Payment of interim payments

Payments following practical completion

Final contract price and payment

Conclusiveness

Non-payment and non-certification

Contractor’s remedy if no certificate issued

Contractor’s remedy if payment not made

7 Insurance

Liability

Indemnity

Insurance

Professional indemnity insurance

8 Termination

Termination by the client

Abandoning the works

Failing to proceed regularly and diligently

Consistently failing to comply with instructions

Material breach of contract

Termination by the contractor

Failure to pay the contractor when payment is due

Material breach of contract

Termination by either party

Insolvency or bankruptcy

Frustration

Procedure for terminating

Consequences of termination

Payment

Access to the site and security

9 Dispute handling and resolution

Mediation

Adjudication

The adjudication process

Challenging an adjudicator’s decision

Arbitration

References

Further Reading

Clause index

Subject index

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