To draft a contract from scratch, start by identifying the parties involved and clearly outlining the agreement. Include consideration (what is exchanged), define the terms and conditions, ensure all parties are legally competent, and finalise it with signatures. These essential elements make the contract enforceable.
What should I include in a construction contract template? Name and contact information of the project owner. Name and contact information of the contractor. Legal description of the property being worked on. Detailed description of the work to be completed. Completion date and date of final payment.
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.
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.
Can I write my own contract? Yes, you can write your own contract. However, including all necessary elements is crucial to make it legally binding.
What is a standard form contract? While many contracts are entirely purpose made, standard form contracts consist of standardised, pre-written terms and conditions. Because standard form contracts are familiar to people in an industry, they often function effectively without the need for much negotiation.
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.