Building Contract For A Home Owner/occupier In Tarrant
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FAQ
So, if you ever come across someone referring to a 'JCT contract', it is typically about a standard building contract. These contracts are usually between an 'employer' and a 'contractor' to facilitate a building works project. They set out all of the relevant terms and conditions, including: Obligations of the parties.
Broadly speaking, the JCT contract centres on liabilities and risk in the way a traditional contract would, whereas NEC commands and enables a proactive and collaborative approach to managing the contract. It is critical to understand the details of both contract types to assess their benefits and disadvantages.
The employer must provide drawings together with a description of works, and either a specification or work schedules at tender stage. The project is generally not complex enough to require bills of quantities.
The RIBA Concise Building Contract can be used on all types of simple commercial building work. It can be used in both the private and public sectors, as it includes optional provisions dealing with official secrets, transparency, discrimination and bribery as normally required by public sector clients.
The JCT HO/O is best for simpler projects, but if you plan to appoint specific companies for tasks like a low energy heating system or specialist glazing, the RIBA DBC is preferable as it accommodates their involvement. The JCT HO/O does not offer this flexibility.
JCT contracts facilitate the process of constructing buildings. In simple terms, contracts set out the responsibilities of all parties within the construction process and their obligations, so it is clear as to what work needs to be done, who is doing it, when are they doing it by, and for how much.
To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities. 39 The above requirements will be discussed next. 39Para 1 1 above.
Contracts don't need to be in legal language, but they do need to outline exactly who is responsible for what from obtaining various permissions (such as building control approval) to timings, tidying up, materials, insurance and how payments will be made. A written contract will protect you and reduce risks.
The RIBA DBC contains dispute avoidance mechanisms, whereas the JCT HO/O doesn't. The JCT commercial building contracts include a collaborative working clause (in the Supplemental Conditions), and prompt notification and negotiation of matters that may give rise to a dispute.
