Building contract for a home owner/occupier who has not appointed a consultant to Details of the adjudication scheme are available at Having recently completed a ‘grand design’ of his own using the JCT Minor Works contract, Julian Record investigates whether the JCT Home Owner contract. JCT homeowner contract is suitable for a homeowner who wants to employ a builder, this contract is designed to protect the homeowner.

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Specialist advice should be sought about your specific circumstances. The services the consultant will provide, in stages, before and after building work starts.

Homeowner Contracts | RIBA Bookshops

In reality, however, the incorporation of liquidated damages provisions in a domestic context will at best contrct treated with extreme suspicion and at worst will either scare off many builders or they will refuse to accept such terms. If this is the case it should also be made clear in the tender documents so the contractor may allow for appropriate screening and temporary works, and agreement should be reached with the contractor over suitable arrangements.

The contracts can be obtained from RIBA bookshops www. Both HO09 and MW11 only allow for a start mct completion date and there is no specific requirement in both to produce a programme although there is nothing to prevent such a requirement being included in the specification.


If not at all then it would be best to assume that any bad weather which delays the works will necessitate an extension of time.

Scottish Real Estate In Neither HO09 or MW11 provides for the appointment of named or nominated sub-contractors thus avoiding a complicated area of contract law. Do you have a Question or Comment? They are very easy to use. The stages need to be carefully defined and quantified so as hommeowner avoid front loading or advance payments from occurring which is largely avoided by payments in arrears for work completed jc MW Shepherd and Wedderburn LLP. The parties’ names and addresses.


A common omission is insurance against damage caused to property which is not the result of the negligence of the contractor.

How changes to the works are to be dealt with. If these things are agreed at the beginning then the potential for disputes is dramatically reduced. Energy and Natural Resources.

Besides the endless speculation around the impact of Brexit on the market More from this Firm. How the appointment can be brought to an end.

Real Estate and Construction. There are two versions of the building contract, one to be used where a consultant has been appointed to oversee the work, and one where the homeowner will oversee the work.

Our Vision is Simple How disputes are to be resolved. It’s always good at this time of year to reflect on what has changed homeosner the Scottish real estate market over the last 12 months. Furthermore, both contracts do not allow for either commencement or contrract in contractually binding phases, so if this is required, the Intermediate Building Contract may be more suited rather than amending the contracts.

Coming to and Investing in the UK. Working hours and facilities which the contractor can use. Delays arising from weather will always be tricky and may not be conrtact to exceptionally adverse weather as that would rely on the adoption of an implied term.

JCT Homeowners Contracts

A mechanism for describing the works. More from this Author. How disputes are to be dealt with. Fancy a city break anyone?

Preparing a contract may sound like a daunting prospect, but it is, in fact, extremely straightforward because there are standard documents available for home contrach to use. Since the publishing of the Hackitt Interim Report in December and the Final Report in Maythe Government has been under increasing pressure to revise building regulations The JCT publishes two contracts for contracr carrying out small residential building projects such as extensions or refurbishments, which are a building contract and an appointment for a consultant to oversee the building work.


Food, Drugs, Healthcare, Life Sciences. Who will apply for planning permission, building regulation approval and party wall consents. Worldwide Europe European Union U. The insurance provisions under MW11 are more sophisticated and provide for a greater range of projects though in the case of a residential occupier the contractor should have insurance in place for the works clause 5. It carries more weight and authority than HO09, a clear example of this being the damages provisions for late completion which are incorporated into MW Conversely their presence does provide reassurance to clients and, as already touched on, they provide a lever with which to help manage performance.

Just How Good is the JCT Home Owner Contract?

What happens if the works are delayed. Media, Telecoms, IT, Entertainment. If this is unavoidable then you at least need to keep a close eye on matters to ensure there are no slip ups. Within the extensions of time provisions HO09 also provides that the contractor can claim any reasonable costs where delayed by the customer e. If you have not reached agreement with your builder on the things in the contract then you need to do so.

Webinar – Construction Law Update: How the contract can be brought to an end. Fee and payment arrangements.

Who owns the copyright in documents prepared by the consultant. Click here to register your Interest. The architect’s appointment homwowner out: Indeed both rely on good communication and a pragmatic approach to work.

Both parties’ health and safety obligations.