Self build

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.

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.

Also known as a Change Order or Variation Instruction, this Change Confirmation Form is for use on a building project – whether this is a modest extension or a new house.  It is easy to complete and contains a description of each change, and the impact on the contract in terms of price and timing.

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]

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 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 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.

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.

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.
 

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.