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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The above aside, 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.

I like the simplicity of HO09 and would have no hesitation using it …. Be aware though that failure to grant as much access as is necessary to complete the works will entitle the contractor to an extension of time! Fee and payment arrangements. Indeed both rely on good communication and a pragmatic approach to work. Coming to and Investing in the UK.

Contract families

Homeoaner arrangements for the work. The JCT publishes two contracts for homeowners carrying out small residential building projects such as extensions or refurbishments, which are a building contract and an appointment for a consultant to oversee the building work.

Coverage Regional and National coverage. If these things are agreed at the beginning then the potential for disputes is dramatically reduced. Both parties’ health and safety obligations. In practice my sense is that many employers ask their builder to use a certain party yet neither contract makes any provision. Conversely their presence does provide reassurance to clients and, as already touched on, they provide a lever with which to help manage performance.


JCT Homeowners Contracts

How disputes are to be resolved. Since the publishing of the Hackitt Interim Report in December and the Final Report in Maythe Government has been under increasing pressure to revise building regulations The length of time the work will take.

Events from this Firm. Neither HO09 or MW11 provides for the appointment of named or nominated sub-contractors thus avoiding a complicated area of contract law. Within the extensions of time provisions HO09 also provides that the contractor can claim any reasonable costs where delayed by the customer e.

Webinar – Construction Law Update: In reality, however, the incorporation of liquidated damages provisions in a domestic context will at best be treated with extreme suspicion and at worst will either scare off many builders or they will refuse to accept such terms.

How changes to the works are to be dealt with. All that is required is to add details of the particular project.

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How changes to the services are to be dealt with. 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 completed under MW 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.

The architect’s appointment sets out: Click here to register your Interest.

Homeowner Contracts | RIBA Bookshops

Real Estate and Construction. Interested in the next Webinar on this Topic? Most commercial buildings, such as offices and shopping centres, are built using JCT contracts. If this is unavoidable then you at least need to keep a close eye on matters to ensure there are no slip ups. The contracts are drafted in clear, simple language and come with guidance notes.

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This is a risk which may be quite high with certain projects, such as those on tight urban sites or in close proximity to old buildings, and in such cases conhract may be advisable to take out a special policy for the benefit of the employer.


The services the consultant will provide, in stages, before and after building work starts. How disputes are to be dealt with.

Media, Telecoms, IT, Entertainment. However, homeowher Minor Works contract is in fact quite a sophisticated document and, although intended for smaller projects domestic or otherwise, can be used on larger ones provided that the project requirements are relatively straightforward. 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.

Returning conrtact HO09 it also comes in two forms: Both HO09 and MW11 only allow contrzct a start and completion date and there is no specific requirement in both to produce a programme although xontract is nothing to prevent such a requirement being included in the specification.

Miss these vital ingredients and any project will fail, which in a nutshell is no different with much larger projects. For the inexperienced client that is a positive starting point but the structure and the language are also refreshingly simple to follow, being the contract specifically designed for use by home owners.

Energy and Natural Resources. Scottish Real Estate In The building contract sets out: The contracts can be obtained from RIBA bookshops www.

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.

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