Building and Construction

Designed from the structural engineer's rather than the client's perspective, this agreement is designed for use by anyone proposing to undertake a development.

In sixteen clauses this 4 page document covers

• appointment
• basic services
• fees & payment
• standard of care
• owner's obligations
• copyright
• insurance
• confidentiality
• publicity
• assignment & subcontracting
• termination
• suspension
• resolution of disputes & governing law
• notices
• the scope of the agreement
• relationship between the parties

Schedules are left blank for the description of the services and fee arrangements. A set of optional extra clauses is included with our explanatory notes.

You need this document if you are a structural engineer looking to undertake development work for a client, and want clarity on the terms of your agreement.

This legal document template is for two parties entering into a contract to agree to appoint an adjudicator for disputes which arise out of that contract.

This concise contract contains 8 clauses covering

• appointment
• adjudication procedure
• fees and payment
• liability
• confidentiality
• termination
• notices
• law and language

A schedule is included, allowing parties to detail the adjudicator’s fees and expenses.

You need this document if you are a party to a disputed contract, and want to appoint an adjudicator to address disputes.

Designed from the architect's rather that the client's perspective, this agreement is designed for use by anyone proposing to undertake a development.

In sixteen clauses this 4 page document covers

• appointment
• basic services
• fees & payment
• standard of care
• owner's obligations
• copyright
• insurance
• confidentiality
• publicity
• assignment & subcontracting
• termination
• suspension
• resolution of disputes & governing law
• notices
• the scope of the agreement
• relationship between the parties

Schedules are left blank for the description of the services and fee arrangements. A set of optional extra clauses is included with our explanatory notes - scroll down to see them.

You need this document if you are an architect looking to undertake design and/or development work for a client, and want clarity on the terms of your agreement.

This is a comprehensive agreement suitable for the appointment of a wide range of professional consultants – architect, structural engineer, quantity surveyor, services engineer, landscape consultant etc.

This eight page document contains 19 clauses covering

• definitions and interpretation
• appointment
• commencement & term
• scope of services & duties of consultant
• fees & payment
• additional services
• copyright licence
• professional indemnity insurance
• assignment & subcontracting
• warranties
• termination
• suspension
• confidentiality
• notices
• resolution of disputes
• governing law
• previous agreement
• rights of third parties
• partnership

There are four schedules to be completed, detailing the description of the project and client’s appointment brief, detailed services, fees and a form of collateral warranty deed.

You need this document if you want to undertake a development and appoint a consultant. It can be used for a wide range of professional consultants – architect, quantity surveyor, structural engineer, landscape architect, etc.

Anyone embarking on a project to build a new home is going to need professional support – there will be an architect to prepare the designs and other professionals could include a quantity surveyor, a structural engineer, mechanical and electrical engineer, project manager, interior designer and landscape architect.

This is a user friendly generic form of agreement that is suitable for appointing these professionals. While some of them will want you to sign up to their standard terms, professional institutes such as the RIBA have quite complicated contract forms. If you are managing your own project, it is easier to use a straightforward, fairly balanced contract than to have a variety of different forms with different professionals.

This agreement contains 19 clauses covering

• services
• duration
• standard of care
• directions
• general duties
• key personnel
• fees and payment
• changes
• copyright
• insurances
• third party rights and warranties
• termination
• suspension
• confidentiality
• assignment and subletting
• resolution of disputes
• notices
• partnerships
• the scope of the agreement

There is also a Schedule to be completed that will contain details of the project, scope of services and fees.

For guidance on issues that need to be considered in the contracts for a building project, see our free document Guidance Notes for a Home Builder Z165.

Designed from the quantity surveyor's rather that the client's perspective, this agreement is designed for use by anyone proposing to undertake a development.

In sixteen clauses this 4 page document covers

• appointment
• basic services
• fees & payment
• standard of care
• owner's obligations
• copyright
• insurance
• confidentiality
• publicity
• assignment & subcontracting
• termination
• suspension
• resolution of disputes & governing law
• notices
• the scope of the agreement
• relationship between the parties

Schedules are left blank for the description of the services and fee arrangements. A set of optional extra clauses is included with our explanatory notes.

You need this document if you are a quantity surveyor looking to undertake development work for a client, and want clarity on the terms of your agreement.

This Arbitration Agreement is designed for use where an employer, main contractor and subcontractor agree to refer disputes arising out of a project to the same arbitrator. It is suitable for international or domestic disputes.

This four page document contains 11 clauses covering

• submission to and purpose of arbitration
• appointment of arbitrator
• place of arbitration
• language
• law
• written pleadings & procedure
• costs
• binding effect
• prior agreements superseded
• settlement
• interpretation

There is also a clause dealing with partial settlement before the arbitration has been completed.

The schedules will contain details of relevant contracts, disputes and matters to be decided by the arbitrator.

You need this document if you are a party to a project dispute, and agree to refer the dispute to an arbitrator for resolution.

This Bidding Agreement (Teaming Agreement in the USA) sets out the basis upon which two parties will co-operate together to bid for a contract.

This five page document contains 10 clauses covering

• co-operation
• submission of tender & pre-contract negotiations
• tender preparation costs
• subcontract
• further agreement
• duration
• confidentiality
• obligations and restrictions
• assignment
• governing law and disputes

Use this legal document template when you want your company to co-operate with another company in bidding for a contract, to clarify the terms of your relationship.

This contract is for a home owner appointing a contractor to build a new house or carry out other construction or renovation work.

The contract is in a user-friendly style in four parts:

• a one page form of agreement that the client and contractor will sign
• a set of standard Terms & Conditions
• a one-page Appendix with a list of specific items such as the completion date, amount of insurances etc.
• Schedules that should contain details of the project including the scope of work or specification, the contract price and payment terms.

The included Terms and Conditions detail:

• contractor obligations
• client obligations
• planning and permits
• representatives
• work at site
• price and payment
• change and delay
• acceptability of services
• completion, defects and liquidated damages
• insurance and indemnity
• ownership and risk
• termination and suspension
• client supplied materials and equipment guarantees
• third party rights
• a general clause addressing notice, assignment, subcontracting, the scope of the agreement, amendment, severance and waiver
• settlements of disputes and law
• definitions

The format allows for the client to appoint more than one contractor on a project using essentially the same terms and conditions if the client decides to appoint a number of different contractors for different parts of the project.

For guidance on issues to consider in the contracts for a building project, see our free document Guidance Notes for a Home Builder Z165.

For use where a contractor enters into a direct agreement with a purchaser, tenant or funder of a development.

This four page document contains 9 clauses covering

• definitions
• warranty
• deleterious materials
• copyright
• indemnity insurance
• assignment & third party rights
• notices
• law & jurisdiction
• step-in rights

The contract is accompanied by Explanatory Notes that explain the background and purpose of collateral warranties as well as dealing with individual clauses in the document.

You need this document if you are a consultant entering into a direct agreement with a purchaser, tenant or funder of a development.

[English law edition]

For use where a contractor enters into a direct agreement with a purchaser, tenant or funder of a development.

This four page document contains 9 clauses covering

• definitions
• warranty
• deleterious materials
• copyright
• indemnity insurance
• assignment & third party rights
• notices
• law & jurisdiction
• step-in rights

The contract is accompanied by Explanatory Notes that explain the background and purpose of collateral warranties as well as dealing with individual clauses in the document.

You need this document if you are a contractor entering into a direct agreement with a purchaser, tenant or funder of a development.

[English law edition]

For use where a sub-contractor enters into a direct agreement with a purchaser, tenant or funder of a development.

This four page document contains 9 clauses covering

• definitions
• warranty
• deleterious materials
• copyright
• indemnity insurance
• assignment & third party rights
• notices
• law & jurisdiction
• step-in rights

The contract is accompanied by Explanatory Notes that explain the background and purpose of collateral warranties as well as dealing with individual clauses in the document.

You need this document if you are a subcontractor entering into a direct agreement with a purchaser, tenant or funder of a development.

[English law edition]

Three separate documents for the price of two. This download contains three forms of collateral warranty agreement - to be provided by, respectively, a contractor, a consultant and a subcontractor.

These are separately available as Document numbers B142, B143 and B144 - at £30 each.

Here you can have all three for just £60.

This document contains:

(1) COLLATERAL WARRANTY AGREEMENT
For use where a contractor enters into a direct agreement with a purchaser, tenant or funder of a development. [English law edition]

(2) COLLATERAL WARRANTY AGREEMENT
For use where a consultant (architect, structural engineer, quantity surveyor etc.) enters into a direct agreement with a purchaser, tenant or funder of a development. [English law edition]

(3) COLLATERAL WARRANTY AGREEMENT
For use where a subcontractor enters into a direct agreement with a developer or with a purchaser, tenant or funder of a development. [English law edition]

Each document contains 9 clauses covering

• definitions
• warranty
• deleterious materials
• copyright
• indemnity insurance
• assignment & third party rights
• notices
• law & jurisdiction
• step-in rights

The contracts are accompanied by Explanatory Notes that explain the background and purpose of collateral warranties as well as dealing with individual clauses in the document.

These Conditions of Contract for Supply of Works and Services are designed as a standard set of conditions which can be issued with an invitation to tender or a purchase order.

This eight page document contains 23 clauses covering

• interpretation
• scope of services
• duration
• price and payment
• work on company premises
• licences
• contractor's personnel
• company representative
• acceptability of services
• standard of services
• acceptance and extensions of time
• indemnity
• insurance
• performance security
• claims and liens
• termination
• variations
• company supplied materials
• assignment & sub-contracting
• entire agreement
• settlement of disputes
• governing law
• notices

You need this document if you supply works and services, and want terms and conditions to issue with an invitation to tender or purchase order.

This Contract for Provision of Maintenance Services is a straightforward agreement under which a contractor provides maintenance services to a client.

Fairly balanced, but biased in favour of the client, the contract can be used for maintenance of equipment, plant or buildings: details of the precise services will be set out in a schedule together with the fees and expenses.

The contract clauses deal with:

• duration
• payment
• nature of services including emergencies
• standard of services
• unacceptable personnel
• reporting
• spares and contractor liability
• termination

It's appropriate for a small to medium-sized business that wants a standard form of maintenance contract for its various suppliers.

Also a useful basis for a contractor wanting a standard maintenance contract.

This building contract template from the Joint Contracts Tribunal is suitable for a homeowner to appoint a builder when the homeowner has already appointed an architect, project manager, or some other consultant who will oversee the works. 

This contract has the Plain English Crystal Mark for clarity and is designed to protect the homeowner from problems during building works, renovations, and property improvement projects.

This contract is in  PDF format and only certain sections of it can be edited.

You will need an up-to-date version of Adobe Acrobat to use it. 

Suitable for a homeowner who wants to employ a builder, this contract from the Joint Contracts Tribunal has the Plain English Crystal Mark for clarity and is designed to protect the homeowner from problems during building works, renovations, and property improvement projects.

Having a contract in place with your builder is an essential part of planning your home improvement project and provides the peace of mind of legal protection.

Formally agreeing the arrangements and terms with your builder using JCT Homeowner Contracts, and following them thoroughly, means key aspects of your home renovation project are carefully considered and you can look forward to a successful outcome to your project.

  This contract is in  PDF format and only certain sections of it can be edited.

You will need an up-to-date version of Adobe Acrobat to use it. 

This Joint Venture Agreement is suitable for a joint venture between two firms in the construction industry who want to bid for a series of contracts together.

It is assumed that both parties are limited companies.

The agreement is comprehensive and contains 24 clauses covering

• definitions and interpretation
• formation of joint venture
• duration
• duties and responsibilities
• management
• project director
• tender – preparation and submission
• contract
• distribution of profits
• bank accounts
• working capital
• accounts
• default
• personnel & plant
• services of parties
• insurance
• bonds and guarantees
• confidentiality
• intellectual property
• force majeure
• taxes & vat
• notices
• resolution of disputes and governing law
• a general clause detailing the scope of the agreement, severability, amendment, warranties, waiver, assignment, relationship between the parties, the competition act and third party rights.

Provision is made for schedules detailing the authority of the project director, contributions in kind to the joint venture made by the parties and initial working capital requirements.

You need this document if you represent a limited company wanting to enter into a joint venture with another company in order to bid for projects jointly.

This Letter of Intent for construction work enables your contract to get underway before the formal agreement is signed.

To avoid doubt, the letter sets out the key contract terms

• price
• duration
• defects liability
• incorporated terms
• advance payment
• provision for performance bond

The letter authorises the contractor to carry out work up to a specified value before the formal agreement is signed.

It is not a substitute for a formal agreement but is for use as an interim measure until the formal agreement has been signed.

This Novation Agreement is for a contractor assigning a construction contract to a new contractor.

This formal agreement is for a contractor who wants to transfer or assign all its rights and obligations under a contract to another contractor who then steps into his shoes. The employer is a party to the agreement and releases the old contractor from any outstanding liabilities.

This is a short formal document executed as a Deed.

This parent company guarantee is for use where a company entering into a contract is required by its client to provide a guarantee of its performance from its parent company.

The guarantee covers

• guarantee
• notice of liability
• liability
• amendment
• timeframe
• notices between parties
• assignment
• third party rights
• governing law

While fairly balanced, this document is drafted from the parent company’s perspective and the wording makes it clear that the parent company’s liability only arises if its subsidiary commits a breach of its contract and fails to rectify the breach.

The liability of the parent is limited so that it will be no greater than that of the subsidiary under its contract with the client.

You can use this document if you are a company acting as guarantor for a subsidiary’s contracts, and want clarity on the terms of your guarantee agreement.

A performance bond is a form of security provided by a contractor to a developer and consists of an undertaking by a bank or insurance company to make a payment to the developer if the contractor becomes insolvent or defaults under the contract.

Our form is an ‘on demand’ bond but with some documents being required before payment is made.

You need this document if you are a developer wanting to protect your project against non-performance or insolvency by a contractor.

This Contract for Works and Services is suitable for a company that from time to time wants a contractor to undertake works and services.

It is designed for use by a company which wants to appoint a contractor to undertake building works, such as an extension, the installation of a boiler on company premises etc.

This nine page contract contains 23 clauses covering

• definitions
• scope of services
• duration
• price and payment
• work on company premises
• licences
• contractor’s personnel
• company representative
• acceptability of services
• standard of services
• acceptance and extensions of time
• indemnity
• insurance
• performance security
• claims and liens
• termination and suspension
• variations
• company supplied materials
• assignment & sub-contracting
• entire agreement
• settlement of disputes
• governing law
• notices

You need this document if you are a company which wants to appoint a contractor to undertake building works, and want clarity about the terms of your agreement.

A user-friendly, very simple agreement in the form of a letter under which a main contractor appoints a subcontractor for certain works.

All the main essentials of a construction contract are present in the 22 paragraphs to which will be attached a schedule setting out the scope of the works.

This four page document contains 22 clauses covering:

• the subcontract works
• price
• start date and duration
• regulations
• plant and facilities
• inspection
• damages
• variations
• insurance
• claims
• goods and materials
• completion and maintenance
• payment
• liquidated damages
• set-off as a remedy
• variations
• time extensions
• claims
• indemnity
• insurance and liability
• disputes
• subletting and assignment
• termination
• documents and main contract
• notices

Please read the Explanatory Notes below for further details.

This Trade Contract is a user-friendly agreement in the form of letter under which a house owner or self builder appoints a contractor for certain works. All the main essentials of a construction contract are present in the 18 paragraphs of the letter, namely:

• works
• start date and duration
• general obligations
• goods and materials
• site access and activities
• the contract price
• payment
• acceptability
• change
• delay
• completion and defects period
• insurance and liability
• ownership and risk
• termination
• suspension
• subletting and assignment
• notices
• disputes

The contract is designed for use with a jobbing builder or trade contractor – roofer, bricklayer, etc.

The letter is accompanied by an Appendix and Schedule.

For a more comprehensive and formal contract when a contractor is carrying out the main work of building a house and employing subcontractors, B152 (Building Contract) is recommended.

For guidance on issues that need to be considered in the contracts for a building project, see our free document Guidance Notes for a Home Builder, Z165.

Straightforward Terms and Conditions and a Form of Quotation, for use by a Contractor when submitting a Quotation for construction or building work to a client.

The six page Terms and Conditions document contains 11 clauses covering

• definitions
• contract formation
• general obligations
• variations
• contract price and payment
• insurance and liability
• duration, handover and defects liability
• termination
• disputes
• materials
• a general clause detailing notices, assignment, subcontracting, the scope of the agreement, amendment, representation, severance and waiver.

Together, the documents will create the construction contract.

While reasonably fair, the documents are biased in favour of the contractor. You need this document if you are a contractor submitting a quotation for construction work to a client.

This contract is for use by a Home Owner or Self Builder entering into an agreement with a company to supply and install equipment. The contract can be used for a wide variety of supplies such as a conservatory, a kitchen or a swimming pool.

This is a fairly comprehensive document designed from the perspective of the client rather than the supplier. The contract comprises a one-page Form of Agreement, Terms & Conditions, and Schedules setting out details of the equipment to be supplied and installed plus the contract price and payment details.

The Terms & Conditions contain 13 clauses dealing with

• general obligations of supplier
• general obligations of client
• work at client premises
• contract price and payment
• change and delay
• completion, testing and defects
• insurance and liability
• risk and property
• termination
• intellectual property
• disputes
• definitions
• a general clause detailing notices, assignment, subcontracting, the scope of the agreement, amendment, severance and waiver

You need this document if you are a home owner entering into an agreement with a company to supply and install equipment.

These Terms & Conditions are for use by a Contractor, Tradesman or Supplier when submitting a Quotation for work comprising the supply and installation of equipment. A Quotation Form is included together with six pages of Terms & Conditions.

The six page Terms and Conditions contains 14 clauses covering

• definitions
• contract formation
• general obligations of supplier
• general obligations of client
• variations
• contract price & payment
• property and risk
• insurance & liability
• duration, handover & defects liability
• termination
• intellectual property
• force majeure
• disputes
• a general clause detailing notices, assignment, subcontracting, the scope of the agreement, amendment, warranties, severance and waiver.

While reasonably fair, the Terms and Conditions are biased in favour of the Supplier and designed to protect his interests.

Use this document if you are a supplier and want clarity about the terms of your agreement with clients.

This tender bond (or bid bond) is for use where a buyer or developer is obtaining tenders for a contract and requires a bond as security against the risk of the successful bidder failing to enter into the contract. 

A single page document gives the beneficiary the right to call the bond on demand within a specified period and for a maximum specified amount.

Alternative Dispute Resolution or ADR is the phrase widely used nowadays to describe a method of resolving disputes without going to court. This free document gives you background information about ADR and arbitration.

Arbitration is a method of settling disputes between parties to a contract without having recourse to the courts.  The clause in the contract which provides for arbitration is usually referred to by lawyers as "the Arbitration Agreement".

If there is no arbitration clause then, unless the parties otherwise agree, in the event of a dispute, either of them may start proceedings in the courts.

It is usual for parties to have a contract to determine whether they will permit each other to assign their respective rights or transfer their respective obligations to third parties; in the absence of any specific provision in the contract, the usual rule is that whilst it may be permissible for a party to assign its rights under a contract, it is not permissible for that party to transfer its obligations under a contract to a third party without the consent of the other members of the agreement.

This free guidance document gives information on this process and is useful to contractors in the construction industry.

This free document goes in detail through the matters you need to consider when entering into a Joint Venture.

It is designed to work with our documents such as the Heads of Agreement but it will be useful to anyone drawing up such an agreement from ContractStore or elsewhere.

This free document summarises the UK legislation which requires contracts for construction operations to contain certain terms including those relating to payment, suspension and adjudication.  The law was originally passed in 1996 and changes take effect from 1 October 2011.

In a transaction with no foreign element involved it will not usually be necessary to specify the system of law which is to govern the transaction or the courts which are to have jurisdiction in the event of a dispute.  However, where any one or more of the following foreign elements are involved in a transaction, the parties would be well advised to consider governing law and jurisdiction issues.

This Free download gives guidance on Governing Law and Jurisdiction clauses and usage.

Users of contract templates with an international element will benefit from this guidance. These can include our Chinese Contracts, US documents, Agents and Distributor Agreements, and any others with cross-border application.

This document is designed to assist someone who is embarking on a home build project, whether a small extension or a new house on a greenfield site.

The guidance notes include hints and tips on the terms that you need to consider including in your contracts with builders, tradesmen and suppliers.

These Guidance Notes should be read with our Home Builder contracts: B151, B152, B153 and B154.
 

This article deals with the risks for companies that are required to provide on-demand bonds in support of contracts in the international market and offers some suggestions on how to mitigate those risks. It is written by ContractStore's founder, Giles Dixon and Georg Goesswein, a German lawyer. 

The Builder's Business Pack contains a collection of useful advice and contract templates to help you in your business as a builder or construction contractor. The pack represents great value, as the contents cost a lot more when purchased separately, and we've picked relevant supporting documents to help and give guidance as well.

The Homebuilder Pack contains a collection of contract forms and useful guidance notes for use by a home owner or self-builder who wants to build a new home or an extension or some other work on an existing home.  The Homebuilder Pack has been developed in collaboration with Self Build Zone who provide insurance products for the self-build market.