Premier Building Services (Bristol) 3 Portland Place Pritchard Street Bristol BS2 8RH Tel: 0845 123 123 Quotation Reference: 003456
4th January 2016
Mr D. and Mrs A. S. Smith 38 Wattisford Corner Wells BA6 9PQ
Dear Mr. & Mrs. Smith, Proposed works at 38 Wattisford Corner Wells BA6 9PQ (the “Site”)
We are pleased to offer you the quotation set out below to carry out construction works for you at the Site. This offer is subject to our terms and conditions, which are fully set out in the enclosed draft contract. The Works The works that you have asked to be carried out are: Extension to Rear
The Contract Price The price for carrying out the Works is £44,524.93. 1
VAT will be chargeable on the price at the applicable rate. At the current rate of 20%, the VAT chargeable will be £ £8,904.99 so the total price will be £ £53,429.91.
An itemised explanation of the Contract Price is included. The Contract Price is based on the assumptions set out in Article A17.1 and Appendix 7.
Unless expressly stated in the included itemised explanation, the Contract Price does not include the fees payable for obtaining permissions such as planning permission or building regulation approval, which you will be responsible for obtaining and paying for.
The Contract Price only includes the items listed in the explanation and it may change if you decide to change the works or if the assumptions that we have made are not correct. We will try to let you know in good time if we think that the Contract Price is going to change. Next steps We hope that this quotation meets your requirements. It will remain open for acceptance for 30 days.
To accept this quotation, you must sign both copies of the enclosed contract and return them to us. We will then sign them and return one copy to you.
If you have any questions in the meantime, please do not hesitate to contact me us.
Yours sincerely
Premier Building Services (Bristol)
2
Small Works Contract: Articles of Agreement
A1: Date
This Contract is made on the: 3 January
20 16
between: A2: The Employer A2.1
Mr and Mrs A S and D Smith
Employer’s Name A2.2 Company
N/A
Number A2.3 Address
38 Wattisford Corner Wells BA6 9PQ
A2.4 Telephone 07477 811218 Number A2.5 E-mail
d.smith@hotmail.co.uk
Address A2.6
Consumer
Employer’s status A3: The Contractor A3.1
Premier Building Services (Bristol)
Contractor’s Name A3.2 Company
12345678
Number A3.3 Address
3 Portland Place Pritchard Street Bristol BS2 8RH
3
A3.4 Telephone 0845 123 123 Number A3.5 E-mail
PB.Services@mail.com
Address A4 The Works A4.1
The Employer wishes to have the following work carried
Description of
out:
the Works
Extension to Rear (the “Works”)
A4.2 The Site
At: 38 Wattisford Corner Wells BA6 9PQ (the “Site”)
A4.3 The
The Works are fully described in the documents and
Works
drawings listed in Appendix 1 (the “Works Documents”).
Documents The Contractor has agreed to carry out the Works on the terms contained in these Articles of Agreement and the attached Definitions and Contract Terms. A5 Contractor’s Designed Items The Contractor is to carry out and complete the design of the items listed in Appendix 2 A6 Employer’s Representative N/A A6.1 Name A6.2 Company or Organisation A6.3 Address A6.4 Telephone Number 4
A6.5 E-mail Address A7 Start of Work The Contractor is to start carrying out the Works within 7
days/weeks* of the date of this
Contract. Unless the Employer issues a “Start Work Immediately” instruction in accordance with Schedule 1, the Contractor shall not be required to start carrying out the Works before the Employer’s right to cancel this Contract has expired. The Employer should read the Notice of Right to Cancel that accompanies this Contract. A8 Time for Completion Subject to any adjustment in accordance with the Contract Terms, the Contractor will complete the Works within approximately
6
days/weeks* of the Start Date (the “Time for Completion”). A9 The Contract Price A9.1 Price ex
£ £44,524.93
VAT
This is the price that the Contractor will charge for the Works, not including VAT.
A9.2 Total
The total price for the Works including VAT where
Price
applicable is £53,429.91. This is the “Contract Price”. The Contract Price may be adjusted (up or down) in accordance with the Contract Terms. A breakdown of the Contract Price is set out at Appendix 9.
A9.3
The Contract Price has been calculated based upon the Assumptions set out in Appendix 7.
A10 Notices by
The parties have agreed that notices may be sent by e-
mail. (See clauses 9.4 and 9.5).
5
A11
TECBAR (The Technology & Construction Bar
Nominating
Association)
Body A12
The Rectification Period is [3] months starting on the
Rectification
Completion Date.
Period A13 Payment Terms and Payment Periods (clause 3 of the Contract Terms) A13.1
Not Applicable.
Clause 3.1 A13.2
Not Applicable.
Clause 3.1 A13.3
The due date for interim payments shall be every 7 days
Clause 3.3
beginning on the Start Date
A13.4
The due date for the final payment shall be 7days after
Clause 3.4
the Completion Date
A13.5
The final date for payment of a sum stated in an Invoice
Clause 3.8
is 7 days from its due date.
A13.6
The Retention is 2.5% of each interim and final payment.
Clause 3.5 A14 Named Subcontractors and Suppliers (Appendix 3 and Appendix 4) A14.1 Named
The Named Subcontractors are listed in Appendix 3.
Subcontractors A14.2 Named
The Named Suppliers are listed in Appendix 4.
Suppliers A15 Provisional Sums (Appendix 5) A15.1
The Provisional Sums are listed in Appendix 5.
A16 Site Restrictions (Appendix 6) A16.1 Working
See Appendix 6
Hours A16.2 Others A17 Assumptions (Appendix 7) 6
A17.1 A18 Employer’s Services (Appendix 8) A18.1
The Employer’s Services are: (1) Toilet and washing facilities (2) Electricity (3) Water (4) Telephone/Fax (5) Internet/WiFi (6) Others (list below) Selections to appear in Appendix 8
A19 Warranty Scheme (only to appear if selected by the user) A19.1
The Contractor will obtain a warranty from NHBC for the Works.
A20 CDM Regulations A20.1
The Employer is a domestic client for the purpose of the CDM Regulations.
A20.2 Principal
The principal contractor is the Contractor.
Contractor A20.3 Principal
The principal designer is the Contractor.
Designer
THIS CONTRACT IS PROVIDED IN TWO COPIES. THE PARTIES SHOULD SIGN BOTH COPIES AND THEN EACH SHOULD KEEP ONE COPY FOR THEIR RECORDS. SIGNED BY THE EMPLOYER: (if there is more than one Employer, each must sign and print their name) Signature:
7
Print Name: Position (if signing on behalf of a company):
SIGNED BY THE CONTRACTOR:
Signature:
Print Name: Position (if signing on behalf of a company):
8
Small Works Contract: Contract Terms
1. 1.1.
The Contractor’s Obligations
1.3.1.
the Legal Requirements;
The Contractor will carry out the Works:
1.3.2.
the Permissions;
1.1.1.
1.3.3.
its
beginning on the Start Date and regularly attending the Site to progress
obligations
under
the
CDM
Regulations; and
them so that they are completed in or 1.3.4.
around the Time for Completion; 1.4.
the Site Restrictions.
The Contractor shall not have any liability for any
1.1.2.
using reasonable care and skill;
1.1.3.
so that they are completed to a
goods or materials supplied, by anyone for whom
reasonable standard;
the Contractor is not responsible (including, without
work (including design work) carried out, nor any
limitation, 1.1.4.
using materials and goods that are: 1.1.4.1.
new,
unless
Employer
the
Employer,
the
Named
Subcontractors and the Named Suppliers). the
2.
The Employer’s Obligations
agrees
otherwise;
2.1.
The Employer shall, from the Start Date until the Completion Date:
1.1.4.2.
of
satisfactory
quality
and which are fit for their
2.1.1.
normal purpose; and
give the Contractor access to the Site without any restrictions or obstructions other than the Site Restrictions; and
1.1.4.3.
compliant with the Legal Requirements and the
2.1.2.
Permissions; 1.1.5.
provide and pay for the Employer’s Services.
in an orderly manner leaving the Site in
2.2.
The Employer shall obtain all of the Permissions
a reasonably clean and tidy condition
(including paying any associated fees) necessary
at the end of each working day;
for the carrying out of the Works and shall provide copies of the Permissions to the Contractor before
1.1.6.
minimising
disruption,
noise
and
the Start Date.
pollution caused by the carrying out of the Works so far as is reasonably
2.3.
practical; and
The Employer is responsible for paying all fees, charges, taxes and/or rates that are payable in connection with the Works. If the Contractor is
1.1.7.
so that they are, when completed, in
required to pay any such sums, they shall be
accordance
reimbursed by the Employer.
with
the
Legal
Requirements, the Permissions and this Contract.
2.4.
Subject to the Contractor giving the Employer reasonable notice of the Contractor’s requirements,
1.2.
The Contractor will exercise the reasonable care
the Employer shall ensure that the Named
and skill to be expected of a competent general
Subcontractors and the Named Suppliers:
building contractor in carrying out the design of any Contractor’s Designed Items.
2.4.1.
provide their services, goods and materials
1.3.
The Contractor will, in carrying out the Works,
at
the
times
Contractor requires; and
comply with:
9
that
the
2.4.2.
2.5.
comply
with
the
Contractor’s
3.3.3.
the sum that the Contractor considers
requirements in relation to health and
is payable and the basis on which that
safety when they are on the Site.
sum has been calculated.
The Contractor shall not be responsible for any
1.
Final payment
delays or disruption that is caused in whole or in 3.4.
part by the Named Subcontractors or Named
The due date for the final payment shall be the date 7 days after the Completion Date. On the due date,
Suppliers.
the Contractor will submit an invoice (the “Final 2.6.
The Employer confirms that the Employer’s
Invoice”) for the final payment to the Employer. The
Representative has full authority to make decisions,
Final Invoice will set out the sum that the Contractor
give instructions and issue and receive all notices
considers is payable, and the basis on which that
and invoices on behalf of the Employer under this
sum has been calculated.
Contract and that the Contractor may act on any 2.
decision, instruction, notice or invoice given by or
Retention
sent to the Employer’s Representative without 3.5.
seeking further confirmation or authorisation from
The Employer shall retain a sum equal to 2.5% from the payment made under each Invoice other than the
the Employer.
Retention Invoice (the “Retention”). Provided that the 3.
Contractor has complied with its obligations in clause
Payment
5.5, the Contractor shall be entitled to be paid the Advance Payment – Not Used
Retention on the expiry of the Rectification Period. The Contractor shall send an invoice (the “Retention
3.1.
When the Contractor has completed a phase or
Invoice”) for the Retention to the Employer, which shall
milestone listed in Appendix 10, it may submit an
state the amount of Retention payable and the basis
invoice (a “Milestone Invoice”) for the amount set
on which that amount is calculated.
out against that phase or milestone in the Appendix. The due date for the sum stated in a
Payment and timing
Milestone Invoice shall be the date on which it is 3.6.
received by the Employer.
Within 5 days of receiving an Invoice, the Employer must give the Contractor a notice (the “Employer’s Payment Notice”) setting out how much the
Interim payments
Employer intends to pay in respect of the Invoice 3.2.
The Contractor may apply for interim payments in
and the basis on which that sum has been
accordance with clause 3.3. The due dates for
calculated.
these interim payments shall be the dates falling every 7 days beginning on the Start Date.
3.7.
The final date for payment of a sum stated in an Invoice is 7 days from the date on which it is
3.3.
On each due date, the Contractor may submit an
received by the Employer.
invoice (an “Interim Invoice”) to the Employer. Each Interim Invoice will set out:
3.8.
If a party who is required to make a payment under this Contract intends to pay less than the sum
3.3.1.
the total value of the work carried out
stated to be due in the Invoice or the Employer’s
by the Contractor and all goods and
Payment Notice (the “notified sum”), then that party
materials delivered to the Site or
must give a written notice (a “Pay Less Notice”) to
incorporated into the Works up to the
the other party not later than 1 day before the final
date of the Invoice;
date for payment of that sum. The Pay Less Notice must state:
3.3.2.
the total of all sums previously paid by the Employer to the Contractor under
3.8.1.
this Contract; and
the sum that the paying party intends to pay; and
10
3.8.2.
the basis on which that sum has been
4.1.3.
any variation of the Site Restrictions;
4.1.4.
any change to the Legal Requirements
calculated. 3.9.
For the purposes of the notices to be given
or the Permissions which affects the
pursuant to clauses 3.4 and3.6, it is immaterial that
carrying out of the Works or the
the sum stated to be due may be zero.
requirements
in
relation
to
the
completed Works; 3.10.
The sum to be paid on or before the final date for payment of a sum shall be:
4.1.5.
any of the Assumptions being incorrect or being changed for reasons which
3.10.1. where a Pay Less Notice has been served
are not in the Contractor’s control and
in accordance with clause 3.7 the sum
which the Contractor could not have
stated in that Notice; or
reasonably been expected to discover by
3.10.2. if no Pay Less Notice has been served, the
having regard to the Works
Documents
notified sum.
and
conducting
a
reasonable inspection of the Site before entering into the Contract; and
3.11.
Any notice or invoice that is to be given by or to the Employer under this clause 3 may be given by or to
4.1.6.
the Employer’s Representative. 3.
any change to the rates of VAT or other taxes applicable to the Works.
Ownership of materials and goods
4.2.
If the Employer wishes to order a Change, it must give notice to the Contractor. Following such notice
3.12.
The Contractor shall own the goods and materials
the Contractor shall within 7 days notify the
that it supplies for the Works until they have been
Employer:
paid for in full by the Employer. 4.2.1. 4. 3.13.
Insurance monies and/or local authority grants
whether the Contractor is prepared to carry out the Change; and
If the Works are being paid for in whole or in part by
4.2.2.
the proceeds of an insurance policy or a local
if so, what effect the proposed Change will have on the Contract Price and the
authority grant then the Employer shall, before the
Time for Completion.
Contractor is required to start the Works, provide a completed and signed form authorising the
4.3.
If the Contractor has stated that it is prepared to
payment of such monies to the Contractor in a form
carry out the Change then following such notice the
satisfactory to the Contractor and a copy of the
Employer shall have 7 days to confirm the Change.
confirmation from the insurer or local authority that such monies will be paid over to the Contractor.
4.4.
In the event of a Change, the Contract Price and Time for Completion shall be adjusted:
4.
Changes to the Works; Carrying out the Works 4.4.1.
4.1.
Any of the following shall constitute a Change:
in the case of a Change ordered and confirmed by the Employer under clauses 4.2 and 4.3, as stated in the
4.1.1.
an addition to, or omission from, or
Contractor’s notice given under clause
other change to the Works (including,
4.2; or
without limitation, the order or manner in which work is to be carried out or an
4.4.2.
in all other cases, by such amounts as
instruction to suspend carrying out the
the Contractor calculates are fair and
Works);
reasonable
in
the
circumstances
having regard to the nature of the 4.1.2.
an
instruction
in
relation
to
a
Change and the effect on the cost and
Provisional Sum;
time of the carrying out of the Works.
11
4.5.
The Contractor shall promptly notify the Employer
5.4.
of:
Provided that the Employer has paid the Final Invoice in full, the Contractor shall provide any warranty stated at Article A19.1 and all other
4.5.1.
4.5.2.
any Change that has occurred (other than
warranties and guarantees in relation to the Works
a Change to which clauses 4.2 and 4.3
to the Employer as soon as practicable following
apply); and
the Completion Date.
of any revision to the Contract Price and/or
5.5.
Should any faults appear in the Works during the
the Time for Completion that it has
Rectification Period which are caused by the any of
calculated in accordance with clause 4.4.2.
the materials, goods, workmanship and/or (in respect of any Contractor’s Designed Items) design
4.6.
The Contractor may subcontract the carrying out
provided by the Contractor not being in accordance
parts of the Works, but shall remain responsible for
with this Contract then:
the goods, materials and workmanship of its subcontractors.
5.5.1.
the
Employer
shall
notify
the
Contractor of the faults as soon as 4.7.
The Employer may not give instructions directly to
reasonably practicable (and in any
the
event
Contractor’s
employees,
workers,
tradespeople, suppliers or subcontractors. 5.
before
the
expiry
of
the
Rectification Period);
Delays, Completion and Rectification Period
5.5.2.
the Contractor shall within 14 days (or such longer period of time as is
5.1.
If it becomes apparent that the Works will not be
reasonable in the circumstances) of
completed within the Time for Completion for
receiving such notice and at its own
reasons that are not the Contractor’s responsibility
cost return to the Site and rectify the
(which includes, without limitation, Changes,
faults.
obstructions beyond the Contractor’s control, adverse weather conditions which delay or prevent
5.6.
The Employer shall give the Contractor such
work being carried out, civil disruption and riots)
reasonable access to the Site as the Contractor
then the Contractor shall make such adjustments to
requires in order to carry out its obligations under
the Time for Completion and the Contract Price as
clause 5.5.2.
are fair and reasonable in the circumstances. 5.7. 5.2.
If the Contractor fails to comply with its obligations
Where the Works have been delayed because of a
under clause 5.5.2 then the Employer may get a
default by the Employer or a person for whom the
third party to rectify the faults and recover the costs
Employer is responsible, then in addition to any
of doing so from the Contractor.
changes to the Time for Completion and/or the Contract Price pursuant to clause 5.1, the
6.
Loss, damage and insurance, health and safety
Contractor shall also be entitled to claim any losses and additional expenses that it reasonably and
5.
Employer’s responsibilities
properly incurs as a result of the default. 6.1. 5.3.
The Employer will be responsible for and loss or
When the Works are Complete, and before leaving
damage to any existing structures or contents at the
the Site, the Contractor will clear all rubble, surplus
Site (unless that loss or damage is caused by the
materials, goods, tools, equipment and rubbish that
Contractor’s negligence or breach of this Contract).
the Contractor (or its subcontractors) has brought 6.2.
to the Site, so that it is in a clean and tidy condition.
The Employer will indemnify the Contractor for any
The Contractor is not responsible for removing
liability for personal injury or death caused by the
anything on the Site that has been placed there by
Employer or any person for whom the Employer is
anyone for whom the Contractor is not responsible.
responsible. 6.
12
Contractor’s responsibilities
6.3.
The Contractor will be responsible for any loss or
6.10.
Where any other person is partly responsible for the
damage to the Works up to the Completion Date (or
loss or damage referred to in clauses 6.3 and 6.4,
the earlier termination of this Contract).
the Contractor shall only be liable to pay such amount as it would be just and equitable for the
6.4.
The Contractor will indemnify the Employer for any
Contractor to pay in the circumstances given its
liability:
contribution to that loss or damage.
6.4.1.
for personal injury or death caused by
8.
Health and safety
the Contractor or a person for whom the Contractor is responsible that
6.11.
The Contractor is responsible for all health and
arises out of, during the course of, or is
safety matters in relation to the carrying out of the
caused by the carrying out of, the
Works.
Works; 6.12. 6.4.2.
For the purposes of the CDM Regulations the
for loss or damage to the property of
Employer:
any third party but only if such loss or 6.12.1. has appointed the person named at Article
damage arises out of, during the
A20.2 as the “principal contractor”; and
course of, or is caused by the carrying out of, the Works and as a result of the
6.12.2. has appointed the person named at Article
negligence of the Contractor or a
A20.3 as the “principal designer”.
person for whom the Contractor is responsible. 6.13. 7.
The Employer confirms and undertakes to the Contractor that it will comply with its obligations
Insurance
under the CDM Regulations. 6.5.
The Employer shall take out and maintain until the 7.
Completion Date a policy of insurance that is
Termination and suspension
adequate to cover its liability under clauses 6.1 and 7.1.
6.2.
If either party suffers an Insolvency Event, the other party may terminate this Contract by giving notice
6.6.
The Contractor shall take out and maintain until the
to the Insolvent party. Such termination shall not
Completion Date a policy of insurance that is
affect the rights of the parties that have accrued as
adequate to cover its liability under clauses 6.3 and
of the date of termination.
6.4. 9. 6.7.
Contractor default
If there are any Contractor’s Designed Items, the 7.2.
Contractor shall take out an appropriate policy of professional indemnity insurance and maintain it
If the Contractor: 7.2.1.
until the expiry of the period of liability specified in
or otherwise ceases to carry out the
clause 9.3. 6.8.
Works; or
The Contractor shall ensure that the Employer is
7.2.2.
named as an insured person on the policies that the
fails to attend the Site regularly to progress the Works in accordance with
Contractor is required to hold under this clause 6. 6.9.
without reasonable excuse suspends
clause 1.1.1,
Each party shall, on the request of the other,
10.
provide evidence that the policies of insurance that
then the Employer shall be entitled to serve a notice on the Contractor requiring the Contractor
they are required to maintain pursuant to this
to recommence carrying out the Works.
Contract are being maintained, including details of the level of cover that the policies provide and
7.3.
evidence that the premiums have been paid up to
If the Contractor fails to recommence carrying out the Works within 7 days of receipt of the Employer’s
date.
13
notice given pursuant to clause 7.2, then the
13.
Adjudication
Employer may by further notice terminate the 8.1.
Contract.
Either party may at any time refer any dispute or difference arising out of or in connection with this
11.
Employer default
Contract to adjudication. The adjudicator shall be nominated by the chairman or president of the
7.4.
The Contractor may suspend all or part of its
Nominating Body.
obligations under the Contract or, at its discretion, terminate this Contract if:
8.2.
The Scheme will apply to any adjudication carried out under this Contract.
7.4.1.
the Employer fails to pay in full any 9.
sum that is due to the Contractor under
General provisions
this Contract and the Contractor has 9.1.
first given 7 days’ written notice to the
This Contract contains the entire agreement
Employer of its intention to suspend all
between the parties and supersedes any previous
or part of its obligations or to terminate
agreements, discussions or understandings. Each
the Contract; or
party confirms that it has not relied on any representations made by the other party (or on the
7.4.2.
if the Contractor is unable to proceed
other party’s behalf) other than those expressly set
with the Works for 14 consecutive days
out in this Contract.
due to a reason that is not the 9.2.
Contractor’s responsibility or due to a
The law of England and Wales applies to this Contract and the parties submit to the exclusive
default of the Employer.
jurisdiction of the courts of England and Wales. 7.5.
If the Contractor exercises its right under clause 9.3.
7.4.1 to suspend all or part of its obligations under
7.6.
No action or proceedings for any breach of this
the Contract and if the sum due remains
Contract or arising out of or in connection with the
outstanding, the Contractor may by further notice
carrying out of the Works shall be commenced after
terminate the Contract.
the expiry of 6 years from the Completion Date. 9.4.
The Contractor’s right of suspension under clause
Subject to clause 9.5, all notices under this Contract shall be:
7.4.1 will cease when the Employer pays the sum due in full. 12. 7.7.
9.4.1.
in writing; and
9.4.2.
sent by hand or first-class post to the
Effect of termination Termination of the Contract by either party shall not
receiving party’s address given in the
affect the rights of the parties that have otherwise
Articles of Agreement (or such other
accrued at the date of termination.
address as that party subsequently notifies to the other); and
7.8.
Following termination (however occurring), the 9.4.3.
Contractor shall be entitled to be paid for the total
if delivered by hand and received
value of the work that it has carried out, and for all
before 17:30 on a Business Day,
goods and materials for the Works that it has had
deemed to have been received at the
delivered to the Site up to the date of termination.
time of delivery, otherwise on the next
Within 14 days of the termination, the Contractor
Business Day; or
shall submit an invoice accordingly which shall be 9.4.4.
treated and paid as an Interim Invoice under clause
if sent by post, deemed to be received two Business Days after posting.
3. The due date of the Invoice shall be the date on which it is received by the Employer. 9.5. 8.
The parties may in addition agree to allow notices to be sent by e-mail. In that case:
Dispute resolution
14
9.5.1.
each party shall specify the e-mail
with this clause 10, the Employer may use the
address to be used for such notices;
cancellation form contained in Schedule 2 (but does not have to provided that the Employer clearly
9.5.2.
if received before 17:30 on a Business
communicates its decision to cancel).
Day, a notice sent by e-mail shall be deemed to have been received at the
10.3.
Clauses 9.4 and 9.5 do not apply to an Employer’s
time when it is received, otherwise it
cancellation notice given under clause 10.1. The
shall be deemed to be received on the
Employer’s cancellation notice:
next Business Day. 10.3.1. 9.6.
Neither party may assign the benefit of this
may be sent by post or e-mail, or delivered by hand;
Contract (in whole or part) without the prior written 10.3.2.
consent of the other.
should be sent or delivered to the address given in the form in Schedule
9.7.
No person who is not a party to this Contract has
2; and
any rights under it. 10.3.3. 9.8.
If any provision of this Contract is held by any
takes effect when it is sent, whether or not the Contractor receives it.
competent authority to be invalid or unenforceable 10.4.
in whole or in part, the validity of the other
If the Employer cancels the Contract under this
provisions of this Contract and the remainder of the
clause 10 then the Contractor will repay any sums
provision in question shall not be affected.
paid by the Employer, except where the Employer gave a written instruction to start the Works before
9.9.
Reference to any statute or statutory provisions
the expiry of the 14-day period referred to in clause
shall
statutory
10.1. In that case, the Employer will have to pay for
modifications or re-enactments thereof or any rules
be
deemed
to
include
any
the following goods and services provided before
or regulations made thereunder or any enactment
the cancellation:
repealing and replacing the Act referred to. 10.4.1. 9.10.
If a party fails to pay a sum (whether in whole or in
any work done and any goods and materials supplied for the Works;
part) that is due by the final date for payment of that 10.4.2.
sum then the paying party shall in addition pay
9.11.
any goods or materials that have been
simple interest at the Applicable Rate on the unpaid
made to the Employer’s specifications
sum. The parties agree that the Applicable Rate is
or which are clearly personalised to the
a substantial remedy for the purposes of the Late
Employer (and any related services
Payment of Commercial Debts (Interest) Act 1998.
provided by the Contractor); 10.4.3.
If the Employer is a “contractor” for the purposes of
goods and materials that are liable to deteriorate or expire rapidly; and
the Construction Industry Scheme (“CIS”), then the Employer’s obligations to make payments under 10.4.4.
this Contract shall be subject to the provisions of
services, goods or materials provided for the purpose of carrying out urgent
the CIS.
repairs or maintenance where the Employer specifically requested the
10. Employer’s right to cancel the Contract
Contractor to attend the Site for that 10.1.
The Employer is referred to the “Notice of Right to
purpose.
Cancel” that accompanies this Contract. 10.5. 10.2.
Clauses 10.2 to 10.4 do not apply to this Contract if
Subject to clause 10.5, The Employer may cancel
the Works comprise the construction of new
this Contract within 14 days of signing it by giving
buildings, or the construction of substantially new
notice to the Contractor and without having to give
buildings by the conversion of existing buildings.
any reason. To cancel the Contract in accordance
15
16
Appendix 1: Works Documents [All of the Works Documents are to be listed here. Take from Article A4.3].
17
Appendix 2: Contractor’s Designed Items [The items to be designed by the Contractor (if any) are to be listed here – Article A5. If there are no such items, state “None”.]
18
Appendix 3: Named Subcontractors [Subcontractors named by the Employer are to be listed here. Article A14.1] Subcontractor Contact Details
Work/services to be provided
19
Appendix 4: Named Suppliers [Suppliers named by the Employer are to be listed here. Article A14.2] Supplier Contact Details
Goods and materials to be supplied
20
Appendix 5: Provisional Sums [List provisional sum items here. Article A15.1] Description
Provisional Sum (ÂŁ)
21
Appendix 6: Site Restrictions The Works are to be carried out on the following days and between the times listed below: [Article A16.1 and A16.2] Day
Start Time
End Time
Sunday
No work
No work
Monday
09:00
17:30
Tuesday
09:00
17:30
Wednesday
09:00
17:30
Thursday
09:00
17:30
Friday
09:00
17:30
Saturday
09:00
12:30
[Any other Site Restrictions to be listed here as free text]
22
Appendix 7: Assumptions [Assumptions listed here as free text. Take from the assumptions in the quotation letter. Also appear at Article A17.1]
23
Appendix 8: Employer’s Services The Employer will provide the following services to the Contractor in accordance with clause 2.1 (delete as applicable): [To be inserted from Article A18.1] 1. Toilet and washing facilities 2. Electricity 3. Water 4. Telephone/Fax 5. Internet/WiFi 6. Others (list below)
24
Appendix 9: Breakdown of Contract Price (Article A9) (Insert breakdown of Contract Price, and applicable VAT (rate and amount) against each item here. In consumer contracts, you are required to make it clear what tax is being paid, and I understand in new build house projects not all items attract VAT.)
25
Appendix 10: Phase/Milestone Payments (Article A13.2 and clause 3.2) (Set out phases or milestones which, when completed, will entitle the Contractor to payment and how much the Contractor will be entitled to be paid for completing the phase or milestone. If Article A13.2 does not allow for phase/milestone payments, then delete this Appendix).
26
Schedule 1: Instruction to Start Work Immediately If you want us to start work before 14 days have elapsed from the date on which both parties signed the Contract, you must give us a written instruction to start work using this form. By sending this form, you will still have the right to cancel within the 14-day period, but you will have to pay us for the services that we have performed and, possibly, some of the goods and materials that we have supplied. You should read the Notice of Right to Cancel before sending us this form. From:
Mr and Mrs A S and D Smith
Address:
38 Wattisford Corner Wells BA6 9PQ
Works:
Extension to Rear at 38 Wattisford Corner Wells BA6 9PQ
To:
Premier Building Services (Bristol)
Address:
3 Portland Place Pritchard Street Bristol BS2 8RH
E-mail:
PB.Services@mail.com
27
I/We* want you to start the Works immediately. I/We* understand that this means that I/we will lose the right to cancel the Contract without any liability within 14 days of the conclusion of the Contract and that I/we will have to pay you for the services that you provide after this instruction. Signed: Print Name * Delete as appropriate (If there is more than one Employer, each person must sign this form)
28
Schedule 2: Contract Cancellation Form If you wish to exercise your right to cancel this Contract, you may use this form (but you do not have to). See the Notice of Right to Cancel and clause 10.
To:
Premier Building Services (Bristol)
Address:
3 Portland Place Pritchard Street Bristol BS2 8RH
E-mail:
PB.Services@mail.com
I/We* hereby give notice that I/We* cancel my/our* contract for the carrying out of Extension to Rear at 38 Wattisford Corner, Wells BA6 9PQ dated: 3rd January 2016. Employer’s
Mr and Mrs A S and D Smith
Name: Employer’s
38 Wattisford Corner
Address: Wells BA6 9PQ Signature of Employer: Date:
* Delete as appropriate 29
Schedule 3: Order to Change the Works If you wish to order a Change to the Works, you may use this form (but you do not have to). See clauses 4.1 to 4.4.
To:
Premier Building Services (Bristol)
Address:
3 Portland Place Pritchard Street Bristol BS2 8RH
E-mail:
PB.Services@mail.com
I/We* wish to order the following Change to the Works in accordance with clause 4.2 of the Contract: (Write a description of the Change that you want to make below. If you need more space, you can use another sheet of paper. You should also attach any drawings or designs that describe the Change that you want to make.)
30
Signature of Employer: Date: * Delete as appropriate (If there is more than one Employer, each person must sign this form)
31
Small Works Contract: Definitions
Definition
Meaning
Advance
The sum payable by the Employer to the Contractor in
Payment
accordance with Article A13.1 and clause 3.1.
Applicable Rate
2% per year over the base lending rate of the Bank of England or 8.5% per year, whichever is the higher.
Assumptions
The assumptions on which the Contractor has based the Contract Price and the Time for Completion and which are listed in Appendix 7.
Business Day
Means any day other than a Saturday, a Sunday or a public holiday.
CDM
The
Construction
(Design
and
Management)
Regulations
Regulations 2015 (SI 2015/51).
Change
Has the meaning given in clause 4.1.
Complete
The Works are “Complete” when they are substantially complete (ignoring any minor defects that do not affect the usability of the Works) so that they are suitable for handing over to, and being used by, the Employer.
Completion
The date on which:
Date
(a) the Works are Complete; and (b) the Contractor has cleared the Site in accordance with clause 5.3; and (c) the Contractor has left the Site (save for any presence required to attend to minor defects described above and/or to meet its obligations under clause 5.6, and “Completion” shall be read accordingly.
Contract
The Articles of Agreement, the Contract Terms, the Appendices and the Works Documents, which are to be read together.
Contract Price
The amount set out in the Articles of Agreement, but subject to any adjustments in accordance with the Contract Terms. 32
Definition
Meaning
Contractor’s
The items (if any) for which the Contractor is responsible
Designed Items
for carrying out and completing the design, as listed in Appendix 2.
Employer’s
The person (if any) named as such at Article A6.1.
Representative Employer’s
The services listed in Appendix 8 which are to be
Services
provided by the Employer in accordance with clause 2.1 for the use of the Contractor and its employees, workers, tradesmen and subcontractors in connection with the carrying out of the Works.
Final Invoice
An invoice issued in accordance with clause 3.5.
33
Definition
Meaning
Insolvency
Means:
Event
(1) in relation to a natural person, the making of a bankruptcy order against that person under Part IX of the Insolvency Act 1986; (2) in relation to a company or a limited liability partnership means: (i) having an administrator appointed under the Insolvency Act 1986; (ii) having a receiver, administrative receiver or a manager appointed in respect of its property under the Insolvency Act 1986; (iii)passing a resolution for voluntary winding-up without a declaration of solvency; or (iv) having a winding-up order made against it; (3) in relation to a partnership, having a winding-up order made against it under Part IX of the Insolvency Act 1986, and in each case also means: (4) the entering into of any arrangement, compromise or composition in relation to that party’s debts (but excluding a scheme of arrangement by a solvent company for the purposes of amalgamation or reconstruction); and (5) any analogous step or proceedings in any jurisdiction.
Interim Invoice
An invoice issued in accordance with clause 3.4.
Legal
Any requirements in relation to the carrying out of the
Requirements
Works or the completed Works that are imposed by statute, statutory instrument, bye-law or other binding regulation made by a competent authority.
Milestone
An invoice issued in accordance with clause 3.2.
Invoice
34
Definition
Meaning
Named
The persons or companies listed in Appendix 3 to be
Subcontractors
employed by the Employer and for whom the Employer is responsible.
Named
The persons or companies listed in Appendix 4 to be
Suppliers
engaged by the Employer and for whom the Employer is responsible.
Nominating
[Insert from A11 of the Articles. Default is TECBAR.]
Body Pay Less Notice Has the meaning given in clause 3.9. Permissions
All permissions required for the carrying out of the Works or the completed Works including, without limitation, planning permissions, building control approvals, party wall awards, licences, consents, easements, and wayleaves.
Provisional
The items of work and amounts listed in Appendix 5
Sums
which, as of the date of this Contract, do not form part of the Works or the Contract Price (and shall not form part of the Works or the Contract Price unless the Employer gives an instruction under clauses 4.2 and 4.3).
Rectification
The period of 3months beginning on the Completion
Period
Date.
Retention
Means the sum of money retained by the Employer from each interim and final payment to the Contractor in accordance with clause 3.6. (By default there is no Retention. Delete this definition if there is no Retention (Article A13.6)).
Scheme
The Scheme for Construction Contracts (SI 1998/689).
Site
The place where the Works are to be carried out, as specified in the Articles of Agreement.
Site Restrictions The restrictions on the Contractor’s ability to access and carry out the Works at the Site (whether in terms of time, method of access or otherwise) set out in Appendix 6. 35
Definition
Meaning
Start Date
The date on which the Contractor starts carrying out the Works.
Time for
The approximate period of time for the completion of the
Completion
Works specified in the Articles of Agreement.
Works
The work to be carried out by the Contractor as described in the Articles of Agreement and in the Works Documents and including:
all Changes ordered by the Employer; and
the Contractor’s Design Items (if any).
Works
The documents and drawings listed in Appendix 1.
Documents
Where any of the Works Documents have been prepared by or on behalf of the Employer, the Employer is responsible for ensuring their accuracy, correctness and compliance
with
the
Legal
Requirements
and
Permissions. The Contractor shall only be responsible for the accuracy, correctness and compliance with the Legal Requirements
and
Permissions
of
any
Works
Documents that it (or its subcontractors) prepares.
36