Sunday, 14 April 2024

HOME OWNER CONTRACTS FOR BUILDING WORK


Following on from your post about building contracts:

Many building contractors try to do business with a handshake, but this leaves the homeowner highly exposed.

A written contract (not an email!) will set out and detail the expectations of both sides and avoid unexpected changes and ensure that the works is completed to a set price and schedule.

JCT's Home Owner Contracts are custom made for home owners looking for the benefits and protection of a contract when appointing consultants or contractors to carry out building work to their home.  SEE LINK:  https://www.jctltd.co.uk/category/home-owner-contracts

Contracts are available for: 

1. A home owner/occupier who has not appointed a consultant to oversee the works (home owner deals directly with the contractor) 

2. Building Contract and consultancy agreement for a home owner/ occupier who has appointed a consultant to oversee the work.

Contract Features:
  • The roles and responsibilities are clearly set out and defined for contractors, architects, surveyors, etc.
  • The Contract is simple and clear – easy to complete.
  • Project Management – you can easily manage your building work by recording costs and scheduling all in one document
  • Legal certainty – the contract gives all parties certainty should any difficulties arise.
  • The work to be done is clearly defined; planning permission, building regulations and party walls, using facilities on the premises, price, payment, the working period, product guarantees, Insurance, working hours, occupation and security of the premises, and disputes.
  • The contractor’s responsibilities, customer’s responsibilities, health and safety, changing the work details, extending the working period, payment, contractor’s continuing responsibility, bringing the contract to an end, right to cancel, insolvency, other rights and remedies, and law of the contract. 
  • Contracts are suitable for small domestic building work; such as extensions and alterations.

NOTE 1: 
This is a consumer contract for a residential occupier; therefore it is excluded from the provisions of the Construction Act.  However the contract does provide for adjudication in the event of a dispute between the home owner and the contractor.

NOTE 2: 
The Construction (Design and Management) Regulations 2015 (CDM 2015) apply to both domestic and commercial clients. Domestic clients should refer to guidance produced by the HSE, Want construction work done safely? (INDG411(rev1)), which can be downloaded for free from www.hse.gov.uk/pubns/indg411.pdf.

NOTE 3: 
For Scotland, refer to: www.sbcconline.com and Northen Ireland contact The Royal Society of Ulster Architects at www.rsua.org.uk.


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While every effort has been made to check the accuracy of this article, readers should always make their own checks.  

The Author does not accept any responsibility for misstatements made or any misunderstandings arising from it.
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