Suggested Contracts

Standard Form of Agreement between a Householder and Building Contractor

Between…………………………………………………………………(the Householder)

and………………………………………………………………………(the Building Contractor)

The Building Contractor will carry out and complete the work described in the Schedule of Works at Appendix 1 (called the Works), for which the Householder shall pay the Building Contractor the contract sum of £………………..including, where chargeable, VAT. Subject only to any adjustment permitted and made under this Agreement.
The Works may be started between…….. and ………., and shall be completed to a standard of completion suitable for immediate occupation and use, as intended, by……………………
Payment will be made in accordance with the schedule at Appendix 2.
The Householder shall, by written notice, extend the date for the completion in relation to matters outside the control of the Building Contractor, but it is agreed that inability to obtain suitable tradesmen shall not be regarded as outside the control of the Building Contractor.
The Building Contractor will make good, at his own cost, any defects in materials or workmanship of which the Householder notifies to the Building Contractor in writing within a period of three months after satisfactory completion referred to in 2 above.
The Householder may order the Building Contractor, only in writing, to make a change in the content of the Works, or to delay some part. If the change will increase the Contract Sum, no additional payment shall be due unless the Building Contractor agrees the revised contract sum before making the change. (the agreement to increase the contract sum is a condition precedent to the Building Contractor being paid for the change). If the change should reasonably reduce the Contract Sum, then a fair and reasonable amount shall be deducted from the Contract Sum.
The Building Contractor may initiate a change and may request additional or reduced payment. No change to the Contract sum shall be made unless the Householder has so agreed, prior to the change being implemented.
If the Works are not complete by the date fixed under this Agreement the Building Contractor will pay or allow the Householder, either under this Agreement or as a debt, liquidated damages at the rate of £………….per day from the date fixed for completion until actual completion.
Unless otherwise agreed in writing with the Householder, the Building Contractor will comply with the requirements of any statute, statutory instrument, rule, order, Building Regulation or bylaw applicable to the Works and shall pay all related fees and charges due from him.
Unless otherwise agreed in writing with the Householder, the Contractor shall indemnify the Householder against and shall take out and maintain adequate insurance against all losses resulting from:

personal injury or death directly related to the carrying out of the Works by the Building Contractor; and

damage to the Works and/or other property directly related to the carrying out of the Works by the Building Contractor.

failure of the Building Contractor, his consultants or sub contractors, to properly design any works, the design of which, have been entrusted to him.

If the Building Contractor fails, on request, to provide satisfactory documentary evidence of such insurance the Building Contractor's entitlement to payment under this Agreement shall be postponed until such satisfactory documentary evidence is provided.
If either party fails, without reasonable cause, to comply with the terms of this Agreement, then the other party may give written notice requiring the default to be ended. If the default continues for 7 days after receipt of the notice then the employment of the Building Contractor may be terminated upon receipt by the defaulting party of a further written notice stating that the employment of the Building Contractor is terminated forthwith. The Building Contractor will then be entitled to payment for work carried out that is reasonable in all the circumstances of the determination, provided that the Householder may deduct reasonable expenses incurred in obtaining a new Contractor if the Building Contractor was the only defaulting party.
Any dispute or difference under this Agreement may be referred by either party to adjudication by a person nominated by adjudication.co.uk in accordance with and subject to their Rules for Adjudication current at the time of referral. The Adjudicator's decision will be given within 28 days of referral, unless extended to 42 days by the referring party, and will be binding on the parties until the dispute or difference is finally determined by legal proceedings or by agreement.

Signed by the Householder ………………………………………………………………………..

Date: ………………………………………………………………………..

Signed by or on behalf of

The Building Contractor ……………………………………………………………………….

Date: ……………………………………………………………………….

Appendix 1 Schedule of Works

Drawings approved under The Town & Country Planning Acts and Building Regulations………..
Other drawings as listed ……………..
Scope of Works/specification ………..
Aspects of work excluded from the Schedule of Works *:

Digging for, and laying, foundations to a depth greater than shown on the drawings or described in the Schedule of Works ….

Drains and manholes, other than shown on drawings…

Special glazing…….

Decorations………..

Kitchen fittings……

Plumbing………….

Central heating…….

Bathroom fittings…

Light fittings….

Gardening or landscaping

(* this is a list of work which will not be carried out by the builder, therefore cross out works which you want included and add any other items excluded)

Appendix 2 Payment schedule

Description of work to be completed prior to a part payment	Percentage of contract sum	or	Agreed lump sum	Date paid

Mobilisation fee
Foundations, ground floor slab, dpc and damp proof membrane
External walls and first floor level
Roof and windows, including glazing
All internal electrical and plumbing services
Fittings/completion
Retention **

** Retention shall be paid within 1 week of satisfactory remedial works, after 3 months from the completion of the works.