Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
for a home
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Guidance notes
This fo.der contahs the oocuments we've preparedfor peop done by a ouilder but also want a professional consultant. s surveyor or engineer, to give advice and help with yoJr proje to building projects in Eng.and and Wales.The contract sho as it has a different legal system. One of the documents is an agreement between range 01 sewice.s that he or she can provide for detaileo specificationsfor the work apply ng fo regulations approval, and inspectingthe buila:n er. I1cover?. the
le.Inthtscaseypu
, :
er k ha l
w been n sign e s for s householders you should use and one homeowners. of the
commercial c o n t m b l i The consultancy agreement Engineers Associationof Consulting Engineers Alliance House 12 Caxton Street London SW1H OQL Phone: 020 7222 6557 www.acenet.co.uk
Surveyors Court Westwood Way Coventry CV4 BJE Phone: 020 7222 7000
/ / n \ ! !
our building project with you; ow much you want to spend; and ge the terms under which he or she will provide their professional services to
This i s w r e the consultancy agreement in this folder comes in. Ask the consultant to go through the agreement with you and to discuss precisely what is Involved in each o f the stages shown in part 1, and the conditions shown in part 2. When you have both agreed on the services the consultant will provide, he or she will then be able to tell you their fee. Before you and the consultant sign the agreement, make sure that if the consultant will be dealing with the builder (stage 4 of the services), you agree how often he or she will inspect the work while it is being done.
This contract is for work to be carried out by a building contractor for a home ownerloccupier (the customer) who has appointed a consultant.
Customer
Name:
Address:
Phone number:
Contractor
Consultant
This contract is in two parts: part 1 deals wlth the arrangements for the work; and part 2 gives the conditions.
Wuildmg Contact
Part 1
[A] The work to b e done
2 A full description of the work to be done is given i below. These are the work details.
2
0
Contractor's quotation
0 Consultant's drawings
Consultant's specification ation:
ow whether the
[E]Planning
permission, bulldlng regulations and party walls
TelephoneAax Water
f
2
The contractor will itemise the price and show tha items on which VAT is charged, and at what rate. The price also includes the contractor's costs of dealing with any unexpected problems which he could have discovered by carrying out a careful inspection of the consultant's documents after visiting the premises.
3
Building Conlrscf
if the work details are changed the price will be increased or reduced depending on the changes made. (See condition 5.)
The price for the work shown in the work details, together with all the increases or decreases made to it, will be the total price.
[E]Payment
1 The customer will pay 95% of the total price no later than 14 days after the consultant has certified that the contractor has finished all t (See condition 8.) The customer has ticked one of the boxes below to sh amount: by one payment when ail the work is finishe
by the agreed instalments shown below, t adjustment for changes to the work, whe the work is finished.
The customer
period
k no later than
finished within -weeks from a start date to be the customer and the contractor. will be extended in certain circumstances.
The customer will tell his household insurers (if any) that he is about to have work done at the premises. The contractor will have an "ail risks" insurance policy to cover himself and the customer for the full costs of damage to the work and to unfixed materials which are on the premises before being used in the work.
Building Contract
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The contractor will have an upto-date public liability policy for death or injury to people and damage to property. Amount insured for any one claim arising from one event
f
[I] Worklng hours
intruders entering.
[K] Dlsputes
eedings to settle any isputes decided within 21 days 'on scheme for this contract
@p
fh foll i g
CV4 BJE
tractor chooses adjudication to decide disputes they , rules and procedures involved will become part of and proceduresfor adjudication me available from
Royal lnstltute of Britlsh Archltects Adjudication Administrator 66 Podland Piace London W1 El 1AD Phone: 020 7307 3649 Fax: 020 7307 3754 E-mall: adjudioationQinst.riba.org
Natlonal Speclalist Contractom Council Construction House 56-64 Leonard Street London EC2A4JX Phone: 020 7608 5090 Fax: 020 7608 5081 E-mall: administiator@nsccorg.uk
Customer's signature:
Contractor's signature:
Date:
Building Contmd
5
Part 2
The conditions
These conditions apply if the consultant is acting for the customer and dealing with the contractor whlle the building work is being done.
Contractor's responsibilities
The contractor will do the following. (a) Carry out the work set out in the work details carefully, com consultant instructs. (b) Use materials which are of satisfactory quality and su' purpose. The materials will be new unless the consult writing. (c) Start and finish the work within the working per1 (d) Be at the premises regularly to carry out the wor hours. (e) Not sub-contract any of the work without the c ns Ita s (f) Store away his tools and equipment and ladde g nikat ;@ :& dav.
Customer's responsibilitles
stomer while the work is being done. He les If necessary, issue a as been finished, and issue a certificate when ive a copy of the certificates he issues to the customer e contractor disagrees with anything the consultant does, take the matter up with the customer.
tor minimise health and safety risks to the customer and other living in or visiting the premises; ise environmental disturbance, nuisance or pollution from the work;
Building Contract
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(b) The customer will: (i) take notice of all warnings the contractor gives about any health and safety or environmental risks which he is taking measures to prevent or minimise; and (ii) not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work.
details contractor agrees the changes, he will quote a pr time involved. The customer will then decide whe changes. If the customer agrees to the changes t contractor. contractor will make an appropriate (c) If the changes alter the cost of any i
(a) The consultant will extend the amount if the contractor: (i) has to spend extra ti
For 6 years after carrying out the work the contractor will remain responslblefor any faults in the work (other than fair wear and tear) which are caused by him.
Building Contract
I
10 Bringing the contract t o an end
. .
(a) If the contractor: (i) is not at the premises regularly to carry out the work; or (ii) is not meeting his health and safety and environmental responsibilities;or (iii) is so incompetent or careless that the work is of an unacceptable standard and does not correct the matter within 7 days of recelving a written warning from the customer or the consultant, the customer can end this contract by giving the contractor a written notice. The contract will end as soon as that notice is given. (b) if the customer ends this contract he will only have to pay a the contractor when the work has been finished by anoth (c) If the customer: (i) does not pay an amount due, without having good (ii) prevents or obstructs the contractor from carrying and does not correct the from the contractor, the contractor can end customer a written notice. The contract will (d) The contractor can also give the customer wn with immediate effect ifthe consultant fails or under this contract and the matter contractor reporting this In writing t (e) If the contractor ends this contract materials made the contract ending, for wor materials on the specially for the work and f premises which he allows (a) Ifthe custome t (unabie to pay their insolvency practitioner llow the contract to continue. ractor becomes insolvent, n due to the contractor until
11 Insolvency
12 Other rightsand
remedies
out or limit any other legal remedies which may be o th c stomer or the Contractor. nl the U o e nd the contractorcan take action to enforce the terms of
13 Lawofthe contract
Building Contract
ces
This agreement I s tor a consultant to provide building consultancy services to a home ownerloccupier (the customer).
Not for use In Scotland
Customer
Name:
Address:
Phone number: Address of the premises where the building work above:
Consultant
Name:
I
Address:
h
n
\
\
*
Phone number:
consultancyAgreement
Part 1
[A] The services
The consultant will provide the services relating to the ticked boxes below. He Will tell the customer what work is involved for each service, and what the customer can expect for the fee the consultant will charge. Before building work starts
Stage 1
0
0
Discuss the customer's needs and set a building work. Carty out a basic survey of the site wh advise on what oiher surveys may be n Produce a sketch pian and giv forthe building work. will take place and me and programme tomer's needs can be met.
ng regulations approval needed, r wants at stages 2 and 3 and agree consultant to provide services at
Apply for planning permission, if necessaty (see [ E 4 1 3below). Apply for building regulations approval, ifnecessaty (see [I313 below).
E.
Advise the customer about proceduresfor and costs of getting party wall consents, and give the occupiers of neighbouringproperties any party wall notices that are needed.
ConsultancyAgreement
Sage 3
Consultancy Agreemen1
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The total of the consultant's fees is f The customer will pay in stages as foilows
-f
at the end of stage 1. at the end of stage 2 at the end of stage 3. at the end of stage 4.
is an hour (includlng an
The cost of party walls The cost of other CO The customer must pay
[C] Insurance
one claim or series of claims arising out of one event. the customer written confirmation of the professional as in place if the customer wishes to see it. = o r the consultant can start court proceedings to senie any een them.
[D] Dlsputes
disputes b
Royal Institution of Chartered Surveyors (RICS), the Royal Institute British Architects (RIBA), or the National Specialist Contractors Council is as well as the right to go to court. consultant agrees that if he wants e dispute to be decided by adjudication that body for an adjudicator.
4
if the customer or the consultant chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this agreement.
Consultancy Agreement
Free details o f the cost, rules and procedures for adjudication are available from the fo//owing.
Royal lnstltutlon of Chartered S U N ~ ~ O S Dispute ResolutionService Surveyor Court Westwood Way Coventry CV4 WE Phone: 020 7222 7000 Fax: 020 7334 3802 E-mail: drs@nCs.0rg.uk Royal Institute of British Architects Adjudication Administrator 66 Portland Place London W1B 1AD Phone: 020 7307 3649 Fax: 020 7307 3754 E-mall: National Speclallst Contractors Council Construction House 5 6 6 4 Leonard Street London EC2AAIX Phone: 020 7608 5090
Customer's signature:
Consultant's signature:
Consultancy Agreement
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Part 2
Consultant's responsibilities
The conditions
(a) The consultant will do the following. (i) Act as the customer's representative. (ii) Carry out the services with reasonable skill, care and attention. ' . (iii) Be fair to both the customer and the contractor when issuing certificates under the building contract. (iv) Co-operate with any other consultants appolnted (v) Keep to all his legal duties and responsibilities (b) The consultant will not do the following without th (i) Sub-contract any of the services. (ii) Agree to the contractor subcontracting (a) The customer will do the following. (i) Give the consultant any relevant inf services. (ii) Consider the advice liii) Allow the consultant (b) The customerwill not do (i) Interferewith instruc (ii) Deal with the cont
Customer's responslbllltles
nges will be dealt with as follows. or not to go ahead with the changes. s services, the consultant will reduce his
Consultant's continuing
the services the consultant will remain responsible for conseque es of failing to keep to this agreement.
will hold the copyright in any documents he prepares for the the customer and the contractor will each be allowed to have a for the purpose of that building work and any future repair or
Consulfancy Agreemsnl
(a) At any time before the customer and the contractor sign the building contract, the consultant or the customer can end this agreement by giving the other person 7 days' written notice which shows the date the agreement will end. No reason needs to be given for ending the agreement. (b) When the customer and contractor have signed the building contract the following will apply. (i) If the consultant is not providing the services properly, and does not correct the matter within 7 days of receiving a written warning from the customer, the customer can end this agreement by giv written notice.The agreement will end as soon as that prevents or obstructs the consultant from providin not correct the matter within 7 days of receiving a consultant, the consultant can end this agreemen (c) If the customer or the consultant becomes ins this agreement will end unless the insolvency suitable arrangement to allow the agreement consultant's feefor the services sati agreement ends.
(a) The customer and the consul expenses which result from ei (b) This agreement does not be available to the cust
her the costs and to this agreement. ion to enforce the terms of
Lawofthe agreement
ConsultancyAgreement
This contract Is tor work to be carried out by a building contractor tor e home ownerloccupier (the customer) who has appointed e consultant.
Not tor use in Scotland
OThe Joint Contracts Tribunal Limitsd 2001
Customer
Name:
Address:
Phone number:
Contractor
Phone number:
Consultant
This contract is in two parts: part 1 deals with the arrangements for the work; and part 2 gives the condltlons.
EuifdingConlract
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Part 1
[A] The work to be
done
0
0
[e] Planning
permission, building regulations and party walls
consents that are needed have oeen received. before building regLiations approval is et the loca author ty know at least 48 hoLrs before ne
/.I
m+ctricity ashroomhoilet
2
0
Telephoneffax Water
Q F
[D Price
2
price for the work shown in the work details is (including any VAT).
The contractor will itemise the prlce and show the items on which VAT is charged, and at what rate.
The prlce also Includes the contractor's costs of dealing with any unexpected problems which he could have discovered by carrying out a careful inspection of the consultant's documents after visiting the premises.
Building Conrmcr
If the work details are changed the price will be increased or reduced depending on the changes made. (See condition 5.)
The price for the work shown in the work details, together with ail the increases or decreases made to it, will be the total price. The customer will pay 95% of the total price no later than 14 days after the consultant has certified that the contractor has finished all the (See condition 8.) The customer has amount:
[E] Payment
0 0
by one payment when all the work isfinished; or by the agreed instalments shown adjustment for the work is finished. Stage Payment g stages of
The 14 days customer after th Q111 n ? b have l t c ay o th n t maining r a c5% t ofo the r total hasprice put right untilall the faults he is resp ible and ch rose in the work at any time up to 3 months after it was fin ed. ( con ifion 8.)
[q The working
period
finished within -weeks from a start date to be the customer and the contractor. ill be extended in certain circumstances.
will give the customer any guarantees issued by the manufacturers talled in the work.
The contractor will have an "all risks" insurance policy to cover himself and the customer for the full costs of damage to the work and to unfixed materials which are on the premises before being used in the work.
Building Contiact
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3 The contractor will have an up-to-date public liability policy for death or injuly
to people and damage to property. Amount insuredfor any one claim arising from one event
The customer will allow the contractor to do pm from Monday to Friday, and 1 The customer has ticked a box below to lived in while the work is being done.
[K]Disputes
2 The customer or th
this cokract.-
Architects
Adjudicalion Administrator
m ; ; & w a y
CV4 EJE one 02072227000
66 Podand Place London W1B 1AD
Contractor's signature:
Date:
BuildingContract
5
Part 2
The conditions
These condltlons apply If the consultant i s acting for the customer and dealing with the contractor while the building work Is belng done. The contractor will do the following. (a) Carry out the work set out in the work details carefully, corn consultant instructs. (b) Use materials which are of satisfactory quality and suit purpose. The materials wiil be new unless the consuita writing. (c) Start and finish the work within the working period o (d) Be at the premises regularly to carry out the WO hours. (e) Not sub-contract any of the work without the c (f) Store away his tools and equipment and ladd day. (9) Regulatiy dispose of any rubbish fro and its contents (h) Be responsible for any damage he or to neighbouring properties. rfinishing the work. (i) Leave the working areas in a cI fj) Keep to all his legal duties and The customer will (a) Give the contr
Contractors responslbllities
Customers responslbllities
The consultants
role
stomer while the work Is being done. He ies if necessary, issue a issue a certificate when II faults which have appeared in the work at any ed and 3 months after it was finished. ve a copy o f the certificates he issues to the customer ot create a legal relationship between the consultant and Contractor disagrees with anything the consultant does, he m t take the matter up with the customer.
J-7
weathelproof.
Building Contract
(b) The customer will: (i) take notice of all warnings the contractor gives about any health and safety or environmental risks which he is taking measures to prevent or minimise: and (ii) not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work. Only the consultant can change the work details on the cust Changes will be dealt with as follows. (a) if the changes increase the amount of work shown contractor agrees the changes, he will quote a pri time involved. The customer will then decide wh changes. If the customer agrees to the changes contractor. (b) If the changes reduce the amount of w contractor will make an appropriate (c) If the changes alter the cost of any it or reducing the amount of work invo price will be made to reflect those c (a) The consultant will extend the amount if the contractor: (i) has to spend extra t (ii) cannot finish th
without increasing
afairand reasonable
f changes made to the
to the consultant's reasonable satisfaction date the work finished. ork is finished, or when the consultant certifies that e customer for 95% of the amount due after taking ease or decrease for changes made to the work be itemised and show the rate of VAT charged on each
oice WI
Is satisfied that the invoice details are correct, the customer ice no later than 14 days after receiving it from the Contractor. h the contractor is responsible for. n the contractor has put right all the faults shown on the list to the
For 6 years after carrying out the work the contractor will remain responsible for any faults in the work (other than fair wear and tear) which are caused by him.
Building Conlrect
10 Bringing the
contract to an end
(a) If the contractor: (i) is not at the premises regularly to carry out the work; or (ii) is not meeting his health and safety and environmental responsibilities: or (iii) is so incompetent or careless that the work is of an unacceptable standard; and does not correct the matter within 7 days of receiving a written warning from the customer or the consultant, the customer can end this contract by giving the contractor a written notice. The contract will end as soon as that notice is given. (b) If the customer ends this contract he will only have to pay a the contractor when the work has been finished by anoth (c) If the customer: (i) does not pay an amount due, without having good (ii) prevents or obstructs the contractor from carrying and does not correct the matter within 7 days of rec from the contractor, the contractor can end customer a wlitten notice. The contract will (d) The contractor can also give the customer with immediate effect if the consultant fails or under this contract end the matter contractor reporting this in writing t (e) If the contractor ends this contract the contract ending, for wor materials made specially for the work and fo materials on the premises which he allows th (unable to pay their llow the contract to continue. (b) If this contract come
11 Insolvency
Building Contract
nsultancy reernentm
Q)
This agreement Is for a consultant to provlde bulldlng consultancy services to a home ownerloccupler (the customer). Not for use in Scotland
QThe Jolnt ContractsTribunalLimited 2001
Customer
Phone number: Address of the premises where the building work above:
Consultant
Consultancy Agreement
Part 1
[A] The servlces
Stage 1
C
0
Discuss the customer's needs and set a building work. Carry out a basic survey 01 the site whe Produce a sketch plan and giv forthe building work. will take place and time and programme tomer's needs can be met.
Advise on whether ing regulations approval needed, er wants at stages 2 and 3 and agree 1s the consultant to provide services at
Apply for building regulations approval, if necessary (see [El3 below). consents, and give the occupiers of neighbouring properties any party wall notices that are needed.
0 Advise the customer about proceduresfor and costs of getting party wall
Consultancy Agreement
Stage 3
0
0 0
Get quotations for the building work and help to Explain the consultant's and contractor's and environmental matters Provide other services at this stage.
J AA\
After building work has s
Stage 4
Consullancy Agreement
1 The total of the consultant's fees 1 sf The customer will pay in stages as follows.
(Includingany VAT).
f f
at the end of stage 1. at the end of stage 2. at the end of stage 3. at the end of stage 4.
an hour (Includlng a
The local authority's cha building regulations app The cost of party wall su The cost of other cons The customer must pay
s the consultant has agreed to consultant's fees can be increased
[C] Insurance
ount of professional indemnity ce to cover his liabilities to the one claim or series of claims arising out of one event.
[D] Disputes er or the consultant can also have disputes decided within 21 days ritish Architects (RIEA), or the National Specialist Contractors Council CC).This is as well as the right to go to court. consultant agrees that if he wants a dispute to be decided by adjudication he Is a member of one of the bodies set out in 2 above, he will not apply to body for an adjudicator.
4
If the customer or the consultant chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this agreement.
ConsultancyAgreement
Free details of the cost, rules and procedures for adjudication are available from the following.
~ o y aInstitution l of Challarad Suwayors Dispute Resolution Servlce surveyor court Westwood Way Coventry CV4 N E Phone: 020 7222 7D00 Fax: 020 7334 3802 E-mail: drs@ries.0rg.uk
Royal lnstltuleof British Architects Adjudication Administrator 66 Poriland Place London W1B 1AD Phone: 020 7307 3649 National Speclallet Contractors Councll COnStruCtiOn House 56-64 Leonard Street London EC2A4JX Phone: 020 7608 5090
Customerssignature:
Consultantssignature:
consultancyAgreement
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Part 2
Consultants responslbllltles
The conditions
(a) The consultant will do the following. (i) Act as the customers representative. (ii) Carly out the services with reasonable skill, care and attention. (iii) Be fair to both the customer and the contrac issuing certificates under the building contract. (iv) Co-operate with any other consultants appo (v) Keep to all his legal duties and responsibiliti (b) The consultant will not do the following without t (i) Sub-contract any of the services. (ii) Agree to the contractor subcontracting any (a) The customer will do the following. (i) Give the consultant any relevant in services. (ii) Considerthe advice th (iii) Allow the consultant (b) The customer will not do (i) lntelfere with instruc consuitant. (ii) Deal with the nges will be dealt with as follows. ices, the consultant will tell the arge. The consultant must do this or not to go ahead with the changes. s services, the consultant will reduce his
Customers responslbilities
vided ail the services required at each stage he will for his fee (includinq any VAT) for that stage. The amount no later thHn i4 days from the date of the
roviding the services the consultant will remain responsible for of failing to keep to this agreement.
any documents he prepares for the contractor will each be allowed to have a of them only for the purpose of that building work and any future repair or
Consultancy Agreemenl
(a) At any time before the customer and the contractor sign the building contract, the consultant or the customer can end this agreement by giving the other person 7 days'written notice which shows the date the agreement will end. No reason needs to be given for ending the agreement. (b) When the customer and contractor have signed the building contract the following will apply. (i) If the consultant is not providing the services properly, and does not correct the matter within 7 days of receiving a written warning from the customer, the customer can end this agreement b written notice.The agreement will end as soon as (ii) If the customer does not pay the consultant's fees prevents or obstructs the consultant from provldin not correct the matter within 7 days of rece consultant, the consultant can end this agr written notice.The agreement will end as s (c) Ifthe customer or the consultant becomes in this agreement will end unless the insolvency suitable arrangement to allow the agreement (d) If this agreement comes to an end, the custo consultant's fee for the services satisfactoril agreement ends.
nw
(a) The customer and the consult expenses which result from (b) This agreement does not ru be available to the custo
er the costs and s agreement. dies which may ion to enforce the terms of
ConsultancyAgresmenf
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The building contract in this folder is for use between you a when a consultant is dealing with the builder on your behal explain how the contract works andhis or her role.
It is vital that you choose a good and reputable bu' personal recommendations, but you can ask the c work and suggest a builder as part of his or her You may also get lists of builders in your areafr
Construction Confederation Construction House 56-64 Leonard Street London EC2A 4LT Phone: 020 7608 5000 www.thecc.org.uk You will obviously want to but remember that if the c instructionsab builder by the Disputes nzwork is being done properly, builder for you, all the ake to It should be given to the
that you can't settle, the agreement go to courl. Adjudication is also between you and the builder.
V
Right to cancel
to cancel, get in touch with your
For use by householders who want to appoin (architect; surveyor, engineer) and a builder improvements, such as extensions or alte Easy to understandand without Gained Plain English
Contents e d
er and consultant
Tribunal (JCT) is a long established and representing all parts of the construction listed below.The JCT produces a variety of used throughout the industry. the Consultancy Agreement in this pack er additions to the range and, like the others, are designed to