Each construction project is unique - people, site, project. Getting accurate and complete information at the right time is often difficult for advisers. This checklist was developed for lawyers to take instructions from clients involved in construction projects but can be used or adapted by any adviser. For help writing simpler contracts or understanding complex ones, including which terms might trip your company up or even bring it to its knees, email: sarah@500words.co.uk or visit www.500words.co.uk

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CONSTRUCT Checklist for Taking Instructions
The key purpose of a taking your client’s instructions is to get all relevant information to help you
agree an appropriate strategy for protecting those interests. This checklist is used in the Briefing
stage of Enjoy’s client process known as BUILD™.
Overview
C CONTEXT
What is the type and scale of the project? Where is it taking place? PESTLE/SWOT analysis.
O OBJECTIVES
What are the objectives of your client, the project &/or the project team, both for their own
companies and the wider project? Is it clear what is not expected? How will your client
know the project is a success?
N NEEDS
Why is your client doing this project? What are the needs of your client, the project &/or
the project team on the three main influences: time, cost, quality, standards of
construction etc. Have these needs been verified or assessed?
S STRUCTURE
What networks and relationships have been used/are proposed for tendering, the
procurement strategy, the contract strategy and the project team during construction?
T TEAM
Who is helping your client? What are their roles and responsibilities? Covers internal and
external stakeholders.
R RISKS
What risk events is your client responsible for managing, mitigating and for which is he
liable for the consequences (time/money)? Can the consequences be passed to others,
insured and/or managed? This also covers exclusions and limitations on liability.
U UNIQUENESS
What is unique about your client and this project? How can it be reflected in the strategy?
C CONSTRAINTS
What is stopping your client? What are the constraints during the whole life-cycle of the
project? Legal constraints (e.g. funding availability and agreements), construction
constraints (e.g. sustainability), use and occupation (e.g. agreements for lease, future-
proofing) and disposal.
T TIMESCALES
What are the dates for commencement, completion and sectional completion and are they
clear, contractual and realistic? What are your client’s rights to an extension of those dates?
What risk events do not entitle your client to an extension?

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BUILD™
Begin with the Brief
A successful project requires great foundations
C Context Where?
Why?
What is the type and scale of the project? Where is it taking place? Use PESTLE
and SWOT templates
O Objectives What?
Why?
What are the objectives? How will your client know the project is a success?
Practical and commercial; client and project
N Needs Why? Why is your client doing this project now? Time, cost, quality, performance,
sustainability, legacy, innovation, improvement
S Structure How? How will the project be structured? Tender process, procurement route, contract
strategy
T Team Who? Who is helping your client achieve its objectives? Supply chain, core project team,
stakeholders - roles and responsibilities
R Risk How? How will risk be managed? Limitations on project team liabilities, contractor/client
risk events, insurance, procedures and protocols
U Uniqueness Which? What is unique about this project and your client (design excepted)?
C Constraints What? What’s stopping your client? Associated/stakeholder agreements, legislative and
regulatory, documents prepared/agreed, legacy options
T Timescales When? When do the relevant stages need to happen? Works, services, stages or target
dates, permissive or mandatory
Author
Sarah Fox of 500 Words Ltd developed this checklist. She is a speaker and trainer who helps you
write simpler contracts and understand complex ones. She is also author of the 500-Word
Contract™.
To find out how Sarah can help you, send her an email sarah@500words.co.uk or her mobile:
07767 342747.