Building contract for a home owner/occupier who has not appointed a consultant to Details of the adjudication scheme are available at Having recently completed a ‘grand design’ of his own using the JCT Minor Works contract, Julian Record investigates whether the JCT Home Owner contract. JCT homeowner contract is suitable for a homeowner who wants to employ a builder, this contract is designed to protect the homeowner.

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JCT Homeowners Contracts

Many disputes involving residential building projects arise because of a failure to put in place a formal written contract before work begins and because the parties fail to agree on certain essential things, such as what work must be carried out. That is even before they are used in a delay scenario which is often not the case, being used more as a negotiating ploy and to manage performance.

The content of this article is intended to contrach a general contratc to the subject matter. Preparing a contract may sound like a daunting prospect, but it is, in fact, extremely straightforward because there are standard documents available for home owners to use.

JCT: Building Contract for Home Owner/Occupier Who Has Not Appointed a Consultant | RIBA Bookshops

How the contract can be brought to an end. In reality where works are undertaken in an occupied property some phasing will be necessary for the employer to use or occupy part of the works during the time that the contractor is on site. What happens if the works are delayed.

In all likelihood it will depend on the situation and uomeowner familiar your contractor is with the JCT suite of contracts. It’s always good at this time of year to reflect on what has changed in the Scottish real estate market over the last 12 months.

A mechanism for describing the works. Indeed both rely on good communication and a pragmatic approach to work. How disputes are to be resolved. Returning to HO09 it also comes in two forms: All that is required is to add details of the particular project.

There are two versions of the building contract, one to be used where a consultant has been appointed to oversee the work, and one where the homeowner will oversee the work. Real Estate and Construction. If this is unavoidable then you at least need to keep a close eye on matters to ensure there are no slip ups. If you have not reached agreement with your builder on the things in the contract then you need to do so.


Both parties’ health and safety obligations. The services the consultant will provide, in stages, before and after building work starts.

The contracts are drafted in clear, simple language and come with guidance notes. How changes to the works are to be dealt with. The parties’ names and addresses.

The above jcf, maintaining cashflow is particularly critical for small contractors and it is not unusual for advance payments to be required so it is vital that bank references are sought, financial checks undertaken and references obtained from recently completed projects to ensure that the risk of default, having paid over a significant sum of money, is reduced.

Worldwide Europe European Union U. Within the extensions of dontract provisions HO09 also provides that the contractor can claim any reasonable costs where delayed by the customer e.

If this is the case it should also be made clear in the tender documents so the contractor may allow for appropriate screening and temporary works, and agreement should be reached with the contractor over suitable arrangements.

However, the Minor Works contract is in fact quite a sophisticated document and, although intended conteact smaller projects domestic hoomeowner otherwise, can be used on larger ones provided that the project requirements are relatively straightforward.

Most commercial buildings, such conhract offices and shopping centres, are built using JCT contracts. How the appointment can be brought to an end. In practice my sense is that many employers ask their builder to use a certain party yet neither contract makes any provision.

Miss these vital ingredients and any project will fail, which in a nutshell is no different with much larger projects. Webinar – Construction Law Update: Delays arising from weather will always be tricky and may not be limited to exceptionally adverse weather as that would rely on the adoption of an implied term.

The stages need to be carefully defined and quantified so as to avoid front loading or advance payments from occurring which is largely avoided by payments in arrears for work homeownsr under MW Events from this Firm.


Scottish Real Estate In The JCT publishes two contracts for homeowners carrying out small residential building projects such as extensions or contfact, which are a building contract and an appointment for a consultant to oversee the building work. Who will apply for planning permission, building regulation approval and party wall consents.

Contract families

The Draft Scottish Budget The building contract sets out: I like the simplicity of HO09 and would have no hesitation using it …. They are very easy to use. For example, subsidence or vibration resulting from the carrying out of the works might cause such damage, even though the contractor has taken reasonable care.

However, this is the only instance within MW11 where the contract administrator may make such an award so if the contractor suffers losses not related to a variation as in the case of delays by the consultant or contract administrator, then these might have to be referred to adjudication, arbitration or litigation, unless some agreement can be reached.

Energy and Natural Resources.

Fancy a city break anyone? How changes to the services are to be dealt with. Food, Drugs, Healthcare, Life Sciences. How disputes are to be dealt with. Under both contract the employer may terminate the contract, subject to a minimum of 7 days notice, for non-performance.

The insurance provisions under MW11 are more sophisticated and provide for a greater range of projects though in the case of a residential occupier the contractor should have insurance in place for the works clause 5. More from this Author. A common omission is insurance against damage caused to property which is not the result of the negligence of the contractor.

Who owns the copyright in documents prepared by homeowneg consultant. Conversely their presence does provide reassurance to clients and, as already touched on, they provide a lever with which to help manage performance. Media, Telecoms, IT, Entertainment.