Do you find yourself unable to agree contract terms because of their complexity?
Are you paralysed by indecision over which elements are important?
Do you find yourself avoiding the pain of paperwork by not signing or reviewing contracts?
Do you want a quick way of sorting out if your construction contract is good to go or may cause problems later in the project?
This checklist is designed for use during the tender stage to determine whether to continue.
The checklist was developed by Sarah Fox, author of the 500-Word Contract for construction projects. If you want to know how to use 4 key elements to evaluate contracts before they are signed then 500 Words Ltd runs a 90-minute introductory workshop to help you spot the disasters waiting to happen.
For information on how we can give you the confidence to use contracts for project success, email sarah@500words.co.uk or visit www.500words.co.uk
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
Guide for Construction Contract AdministratorsSarah Fox
An overview of the two main roles of a contract administrator on a generic construction project. The Contract Administrator acts as both agent of the employer and as decision-maker for critical certificates.
This notes sets out some of the questions to ask, case law to understand and tips for avoiding disputes arising from the administration of a contract.
Prepared by Sarah Fox, 500 Words Ltd, who lectured final year students at Salford University to help them become better contract administrators.
www.500words.co.uk
Tips for effective administration of a construction contract and for reducing the risk of delay and change orders. Interplay between the contractors, the consultant and an owner.
contract management, stages of contract managementVISHAKA BOTHRA
Contract management, management of contract, stages of contract management, role of client, main duties of client, role of contractor, role of subcontractor, role of architect, responsibilities of architect, site supervision, responsibilities of site supervisor, relation between contractor and architect
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
Sarah Fox talks about how trust is more important than terms in her keynote. "One of the most engaging, thought-provoking and fun sessions I've attended". Learn how simple contracts can help not hinder business.
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
Guide for Construction Contract AdministratorsSarah Fox
An overview of the two main roles of a contract administrator on a generic construction project. The Contract Administrator acts as both agent of the employer and as decision-maker for critical certificates.
This notes sets out some of the questions to ask, case law to understand and tips for avoiding disputes arising from the administration of a contract.
Prepared by Sarah Fox, 500 Words Ltd, who lectured final year students at Salford University to help them become better contract administrators.
www.500words.co.uk
Tips for effective administration of a construction contract and for reducing the risk of delay and change orders. Interplay between the contractors, the consultant and an owner.
contract management, stages of contract managementVISHAKA BOTHRA
Contract management, management of contract, stages of contract management, role of client, main duties of client, role of contractor, role of subcontractor, role of architect, responsibilities of architect, site supervision, responsibilities of site supervisor, relation between contractor and architect
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
Sarah Fox talks about how trust is more important than terms in her keynote. "One of the most engaging, thought-provoking and fun sessions I've attended". Learn how simple contracts can help not hinder business.
10 Essentials For An Effective Construction ContractSarah Fox
An overview of the 10 aspects every contract for a construction works package (however large or small) needs to include to make it an effective tool.
These 10 essentials are the foundation to the 500-Word Contract (TM), developed as a basis for construction contracts in England/Wales. They are also a checklist for your own terms and conditions.
For more information go to www.500words.co.uk or send Sarah an email sarah@500words.co.uk
Creating Smart(er) Construction ContractsSarah Fox
At Architex 2016, Sarah Fox spoke about smart contracts in construction covering:
- contracts are tools to help companies do business
- how construction contracts have developed in the last 5,000 years
- the development of contracts from paper to electronic to digital to smart to intelligent
- how the construction industry compares to banking which had standardised money less than 2500 years ago and is now using digital and smart money eg bitcoin
- how trust is critical to both banking ("I promise to pay the bearer on demand") and construction
- what we need before we can move to smart contracts ie simplicity in contracts and contracting
Sarah referred to these formats for construction contracts:
Paper = hard copy. First produced under sanction of RIBA. First JCT in 1931.
Electronic = editable online document (JCT Digital launched in 2006)
Digital = contract completion, execution and archiving on trusted digital platform (eg Contract Express, owned since 2015 by Thomson Reuters)
Smart = contract creation, execution and operation using logic systems
Intelligent = contracts & works documents all smart; eg multi-party payments made remotely once conditions met
For more about smart contracts see Sarah's blog at http://500words.co.uk/smart-contracts/.
In this presentation for the 'Working wit the Enemy' session at the Construction Industry Summit 2016, Sarah Fox discussed the role of trust in contracts. Her themes were:
- how we currently have read extensive contracts which is like searching for a four-leaf clover
- importance of user experience with contracts
- current focus on small print not a shared objective eg Trebor v ADT the popcorn case
- how contracts should and can help us avoid disputes eg Arcadis Global Disputes Surveys
- whether trust comes before simpler contracts or vice versa (chicken or egg)
- how contracts including money should be built on trust
For more tips sign up to her fortnightly tips sheet http://just500words.co.uk/signup
BrandsLab Media Value Session 2 | From RFP to Contract, How to Review your Ag...Ebiquity-NA
Kickbacks and rebates and markups - oh my! This isn't the Mad Men era anymore, join us as we discuss the trends and best practices to reviewing your contracts and managing your agency relationship. With the newly released ANA Media Transparency Initiative, the future of the media ad-buying industry is preparing for major changes.
A template for reviewing the strengths, weaknesses, opportunities and threats for a construction project.
The template was developed by Sarah Fox, author of the 500-Word Contract.
For help writing simpler contracts or understanding complex ones, including using SWOT to decide which terms are critical, email: sarah@500words.co.uk or visit www.500words.co.uk.
FIDIC Training and Contract Management assists you in understanding all the aspects of the FIDIC contracts and will enable you to understand your own Project’s Contract Conditions. This program covers conditions for International Contracts (contracting parties are from different countries) for Civil and Industrial Projects. At the end of the program you will have a good understanding of the FIDIC Standard Conditions of Contract and how to Benchmark your own Contract Conditions against these Industry Standards.
HOW TO SURVIVE CONSTRUCTION PROJECTS DURING TIMES OF ECONOMIC INSANITYBurns White LLC
Following is a slide deck from a presentation given by Burns White Members Chad A. Wissinger and T.H. Lyda to attendees at the National Railroad Construction and Maintenance Association (NRC) annual conference in January about how to survive construction projects during times of economic insanity.
Scope Of Work in Engineering economy
The scope of work (SOW) is the most important stage of the discovery process because it lays out the foundation for the future of the project. The SOW should contain milestones, deadlines, deliverables, and expectations. If a scope of work is not clear and detailed the likelihood of failure or miscommunication with the client increases. The SOW provides the necessary direction for the project.
This document contains answers for a Project Management Question Paper from 11 November 2023.
It tests the following concepts
-Types of feasibility
- Responsibilities of a project manager
-Project life cycle
-Work Breakdown Structure
- Stakeholder Analysis
Winning tenders / securing tenderers in a competitive construction market - N...Browne Jacobson LLP
This seminar looked at:
(1) how employers can make their tenders attractive in an increasingly competitive market, and
(2) from a supply chain's perspective, what employers are looking for from tenderers.
Contracts and Tenders
When two or more persons have common intention communicated to each other to create same obligation between them there is said to be an agreement. An agreement which is enforceable by law is a Contract.
A Tenders is called upon for executing certain specified work, or supplying specified materials; subjected to certain terms and conditions like rates, time limit, etc. It is an offer in written form: Legally speaking, it is an offer to receive an offer for the work, within the specified financial limits.
Check for more presentations at - www.archistudent.net
As commercial contract specialists and advisors, we at
Baker Tilly are critically aware of the challenges that
complex programmes can present to organisations. Large
projects of all types – in IT, construction, transport or in
the mining industry – can test an organisation’s contract
and project management capabilities to their fullest.
Delivering these projects on time, within budget and to specification has always
been difficult for a myriad of reasons. Not least because they are:
• Commercially complex high-risk and high-cost endeavours (for both client
and supplier organisations) and often demand sophisticated contractual
relationships with a number of key suppliers and their sub contractors
• Always top of mind for CEOs, boards, shareholders and stakeholders alike,
and are generally in the public domain – resulting in pressure and a spotlight
on delivery teams
• Made up of multi-faceted and multi-layered programmes of work that are
inherently difficult to co-ordinate and manage; often demanding a unique
combination of leadership, creativity, teamwork and technical delivery skills
across diverse sets of specialist teams and organisations
Although there have been significant improvements in project governance in
recent years, many high profile projects still fail to be seen as successful. Our
view is that whilst there is no definitive silver bullet solution for success, there
are invaluable lessons to be learned by avoiding the common pitfalls.
This paper seeks to share lessons and highlight what can be done to improve
the likelihood of project success. We have drawn from our experience and
used real examples of complex programme challenges, deliberately chosen
to provoke thought and generate debate. We hope you find them both valuable
and interesting.
Walter Akers
Why use 50000 words when 500 will do? (March 2020)Sarah Fox
Considers what's wrong with UK construction contracts (complex, paper-based and adversarial) before proposing solutions to those issues: simplify content, digitise as tools, collaborate ie work on trust not terms.
Talk to CICES on 12 March 2020 by Sarah Fox of 500 Words Ltd. For more on contracts go to https://500words.co.uk/
How accessibility, simplicity and clarity can stop contracts being a burden a...Sarah Fox
Construction contracts are a burden and a bore for three principal reasons: they are complex, paper-based and adversarial.
This 30-minute Webinar focused on how we can improve accessibility with contract patterns (eg from the IACCM contract design pattern library), clarity and simplicity to build trust and help avoid disputes.
Sarah Fox is a speaker, author and innovator who wants to help construction companies safeguard their business without annoying their clients. She is interested in legal design, digitalisation and plain language as means to making user-friendly contracts available to 1m SMEs and micro-enterprises in UK construction.
For more about Sarah go to www.500words.co.uk.
This talk was for IACCM Ask the Expert series and considered the UK perspective. The recording is available to members at https://www.iaccm.com/.
A presentation (webinar) based on 5 steps to creating effective contracts:
1. Decide a contract is important
2. Avoid contract myths
3. Review STAR content
4. Delete jargon
5. Keep it simple
The sample contracts were provided by a client working on international process plant projects as a consultant but have been anonymised. For more information or to learn how to create your own STAR review, see Sarah's blog at www.500words.co.uk/blog
Presentation to the Institute of Demolition Engineers' conference in March 2019 by Sarah Fox of 500 Words Ltd on managing risks and changes under the NEC4 ECC contract.
For more information on using contracts to safeguard your business without annoying your clients, go to www.500words.co.uk/blog.
From Captive Cult to Culture Change: Sarah FoxSarah Fox
First in a series of talks hosted by Hurley Palmer Flatt on 8 October 2018 discussing whether the rise of digital engineering or digital construction requires the demise of BIM.
Sarah Fox, 500 Words Ltd, talked about the difference between cult (rules imposed by a leader) and culture (rules agreed by and changed by the group), the challenges to digital construction (technology, language and conduct), the importance of cultivating the skills to embrace those innovations.
Images by Sarah Fox, Hurley Palmer Flatt, NBS National BIM Survey and Unsplash.
For more resources go to Sarah's blog http://500words.co.uk/blog/, find B1M top 5 tips for digital construction https://www.theb1m.com/ or joint Women in BIM http://womeninbim.net/
If you are in the UK and need to check that you will comply with the General Data Protection Regulations when they come into force in May 2018, this checklist might help. Developed for use in my own business it is shared without liability. Please use it wisely to start the process of complying.
For more information on making your processes and your legal documents simple, especially if you are in the UK construction industry, go to http://500words.co.uk/
Ten great quotes from Bryan A Garner's Elements of Legal Style (used with permission) to help you improve your legal writing. Plain Language is critical under legislation in US and South Africa as well as the Consumer Rights Act 2015 in UK and EU equivalents. But it is good practice for all legal writing.
You can ignore grammar rules & write normally. But you should focus on substance (say something important) and be direct rather than rely on weasel words. The key is to use clarity to select the best words to convince your reader - whether a judge, member of the pubic or businesswoman.
Even though you are a lawyer, you can rely on emotion, colour and verve to create simple straightforward stories.
But only if you edit ruthlessly.
For more information read Bryan A Garner's Elements of Legal Style, Joseph Kimble's Writing for Dollars Writing to Please, Martin Cutt's Oxford Guide to Plain English. and to learn about effective writing for your profession ask about our courses www.500words.co.uk
A major cause of contract disputes is failing to read, understand or use your contract. This can be resolved at the drafting stage by writing effective (not defective) contracts.
These 8 tips will help you build trust, create contracts that work for your business, and avoid disputes. The blog that accompanies these slides is at http://500words.co.uk/8-habits-defective-contracts.
Sarah Fox simplifies contract processes and contracts to help you avoid disputes and build trust. Her blog is at http://www.500words.co.uk/blog
Sarah Fox talk to Clarity UK (clear language for lawyers) on adopting simpler contracts, instead of the complex, adversarial and long standard forms currently in use.
Sarah is an advocate of plain language and simplicity in contracts, particularly her specialist area of construction contracts.
For more information contact Sarah via http://500words.co.uk/contact-2/
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
This note considers whether a contract term can exclude all liability for latent defects and limit liability to defect repair or replacement. The clause is based on clause 36.9 from MF/1, the Model Form of conditions for electrical, electronic and mechanical plant from IMechE/IET.
The relevant cases are British Fermentation Products v Compair Reavell [1999] 2 All ER (Comm) 389 and in BHP Petroleum v British Steel [2000]2 All ER (Comm) 133.
The note was prepared by Sarah fox, 500 Words Ltd. She has reviewed, adapted, advised and trained on the MF/1 form of contract.
www.500words.co.uk
Using the poem 'Solomon Grundy' this slideshare was designed to showcase the UK Construction Industry.
Because construction matters.
Developed by Sarah Fox, www.500words.co.uk a specialist in construction contracts
A note on the 2015 case of Transformers & Rectifiers v Needs which reviewed the principles for determining whose terms and conditions apply. Includes a review of the battle of the forms.
Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC).
For help writing simpler contracts or understanding complex ones, including which terms might be implied into any contract, contact sarah@500words.co.uk
A checklist to help facilitators and trainers remember everything they need to run a seminar, course, workshop or event. Adapt as you see fit.
Sarah Fox of 500 Words and Emma Sutton of Naked Presenting developed this list after years of running, delivering, facilitating and organising a range of learning events.
www.500words.co.uk
www.nakedpresenting.co.uk
A brief guide setting out the consolidated requirements of the Construction Act 1996 and 2009, in table format, as well as the new minimum requirements for a 'construction contract'.
This note sets out the provision of the Housing Grants, Construction and Regeneration Act 1996 (the 1996 Construction Act) and the Local Democracy, Economic Development and Construction Act 2009 (the 2009 Construction Act) as they relate to construction contracts.
For help writing simpler contracts or understanding complex ones, including which terms might be implied into any contract, email: sarah@500words.co.uk or visit www.500words.co.uk
When Do Liquidated Damages Become an Irrecoverable Penalty?Sarah Fox
An overview of the recent case Makdessi v Cavendish [2013].
In this case the court reviewed agreed damages ie sums set out in a construction contract payable on breach of that contract. Such damages, known as liquidated damages or LADs are often payable for delay on construction projects.
This note summarises the judgment of the Court of Appeal.
For help writing simpler contracts or understanding complex ones, including how the court might view your limitations and exclusions of liability, email: sarah@500words.co.uk or visit www.500words.co.uk
A checklist following our BUILD process for legal advisers and construction lawyers which puts the client at the heart of the legal process.
The BUILD process is:
B = begin with the brief
U = unlock the strategy
I = investigate, interpret and implement
L = lighten the load
D = deliver and de-brief
This document was developed by Sarah Fox, solicitor and legal trainer, for use in her workshops. It puts the client and the project first!
To learn more, go to www.500words.co.uk or email sarah@500words.co.uk.
Guide to Construction Procurement StrategiesSarah Fox
A guide to the three most common procurement strategies used on UK construction projects:
1. Traditional or general contracting
2. Design and build
3. Management based (covering management contracting, construction management and prime contracting).
Many construction professionals stick with what they know when choosing or recommending procurement, risk and contract strategies. However, making an informed choice can reduce the risk of conflict later. The comparison of the different strategies is partly based on Which Contract? By Cox, Clamp and Lupton.
This guide was developed by Sarah Fox, author of the 500-Word Contract. Using her 20 years' experience with construction projects, she gives you the confidence to use the right contracts for project success. The right contracts depend on the right procurement and risk strategies.
To find out more about her contract workshops, visit www.500words.co.uk or email sarah@500words.co.uk
Guide to BS8534 British Standard on ProcurementSarah Fox
A guide to the British Standard, BS8534:2011 “Construction procurement policies, strategies and procedures – code of practice.”
This short note sets out some of the content of the Standard and how it links with the Briefing Checklist for Advisers www.slideshare.net/sarahjvfox/construct-checklist
The guide was developed by Sarah Fox, author of the 500-Word Contract.
For help writing simpler contracts or understanding complex ones, including ensuring your contract processes meet best practice and British Standards, email: sarah@500words.co.uk or visit www.500words.co.uk
Briefing Checklist for Advisers on Construction ProjectsSarah Fox
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
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Exploring Patterns of Connection with Social Dreaming
Construction Contract Review Checklist
1. CONTRACT REVIEW CHECKLIST
This is a checklist of items to consider at tender stage when reviewing the contract. Although long, it is not
exhaustive and is intended to reflect those terms and conditions which are most likely to have the greatest
impact on the cost of completing the project.
Specific Risks: Time
1. Is the programme realistic for the works as defined and all provisional works packages?
2. Are there contractually binding target/ interim dates?
3. Are the possession and completion dates clear and unconditional?
4. Do you need to get al programme revisions approved?
5. If the works are divided into sections, are these sequential or to be completed in parallel?1
6. Are the sections clearly defined?
7. Can you claim extensions of time for events outside your control such as employer instructions,
weather?
8. Can you claim loss and expense for events outside your control which delay the works?
9. Can you claim lost productivity for events outside your control which disrupt the works?
10. Are LADs set at a reasonable level and subject to an overall cap on the total amount deductible?2
11. If the project was delayed by 4 weeks, would the LADs deducted totally eliminate your profit margin
for the project?
12. If the project duration is long, does the contract permit price fluctuations e.g. for energy price spikes?
13. Can the employer ask you to accelerate the completion of the work and, if so, is the mechanism for
being paid additional costs clear?
Specific Risks: Cost
14. Is the employer financially secure?
15. Does the employer have a reputation for paying on time? Has it signed the Fair Payment Charter?
16. Is the project being funded and if so, are the funders financially secure?
17. Is there a separate trust account for (a) the retention, and/or (b) all payments
18. Is the retention per cent acceptable?
19. What is the period between certification of instalments and the final date for payment? Does it match
your subcontractor payment expectations/periods?
20. Are there any advance payments?
21. Is set-off allowed between payments and/or between other projects with the same employer?
22. Is the procedure for changing the price due to instructions, risk events etc. robust and workable?
23. Is the percentage of the price represented by provisional sums acceptable?
24. Can the employer omit works and, if so, how would this affect your profit margin?
2. Specific Risks: Quality
25. Are the documents defining the works complete?3
26. Are the designs provided sufficient in detail, buildable and produced by reputable designers?
27. If the works are divided into sections, are the sections clearly defined?
28. Are you competent to supervise any innovative design, whether by a consultant or subcontractors?
29. Are you responsible for any design of or for the works? If so, have you verified that design before
pricing the works?
30. If required, is the cost of 12 years’ of PI insurance included in your price?
31. Are there ‘fitness for purpose’ clauses (which are not insurable)?
32. Is the defects period reasonable? Check it does not start again where defects are rectified.
33. Are any specific obligations in relation to deleterious or prohibited materials workable?
34. Are ground conditions, asbestos, antiquities, reserved planning matters etc expressly mentioned and
who bears the risk?4
General Approach to Risks
35. Are the consequences (time or money) of risk events allocated to the party best able to manage the
chance of those risks events occurring, or best able to minimise the impact of those events on the
project?
36. Are any responsibilities for risk management balanced by a similar level of authority?
37. Are your responsibilities to insure against specific risk events either already covered by existing
insurances or included in your price?
38. Can the consequences (time and money) of risks allocated to you be passed to your subcontractors? If
not, can they be insured and/or managed?
39. Are the mechanisms to change the works, programme or methods of working robust and workable?
Scope of Works and Services
40. Are the works clearly defined?
41. Is it clear what is deemed included in the definition of the works?
42. Is it clear what you are not expected to do?
43. Are the client’s expectations and objectives for the project well-articulated and reasonable?
Working Together
44. Are roles and responsibilities clearly defined both within the building contract and, where known, for
other members of the project team?
45. Is the contract co-ordinated (or can it be) with those of the rest of the project team including your
proposed subcontractors?
46. Are document protocols clear (ie do electronic versions take precedence over hard copy or vice versa)?
47. What is the reputation of other members of the project team, especially the contract administrator?
48. What control does the employer have over the contract administrator and its independent duties?
49. What are the provisions relating to access during the works for third parties?
50. Are your rights to subcontract the design and/or carrying out of works clear and workable?
Miscellaneous Conditions
51. Is the form of contract suitable for the size, scope and complexity of the works?
52. Are you familiar with all your obligations, both express and implied, under the form of contract?5
53. Are the provisions on copyright and/or confidential information standard?6
54. Are you entitled to terminate the agreement?
55. What are the employer’s rights to terminate the agreement?
56. Are there additional methods for resolving disputes, other than litigation and adjudication?
57. Are the requirements to provide and procure documents such as bonds, guarantees, third party rights
notices, assignments and warranties known, limited in number and reasonable?7
58. How is the contract to be executed?8
59. What is your liability for latent defects?
60. Are there any other limits on your liability?
3. Author
Sarah Fox of 500 Words Ltd developed this checklist. She is a speaker and trainer who cuts through the
complexities of construction law.
She has simplified this checklist into a four point analysis to evaluate contracts from those which are ‘good to
go’ and those which are ‘disasters waiting to happen’. She runs workshops to teach you how to review your
contracts and avoid them becoming speed bumps in the contract process.
She is also author of the 500-Word Contract™.
To find out how Sarah can transform your technical training, contact her via: 07767 342747 or by email:
sarah@500words.co.uk
Footnotes
1
If sequential then ensure the date for commencement of later sections is linked to completion of the earlier sections, and is not fixed.
2
If there are no LADs then your liability for cost arising from delayed completion is unlimited. LADs act as a cap on your liability and should be
included.
3
The employer should provide drawings, bills, employer’s requirements, scope of works, specification, pre-construction plan. As a contractor
you may need to prepare some of the contractor’s proposals, contract sum analysis, detailed specification, schedule of rates, cost plan and
activity schedule.
4
If not, then the cost and time for ground conditions are at the contractor’s expense. Note you cannot rely on employer surveys.
5
You should always read the contract, but where you are not familiar it is sensible to ask a lawyer to interpret your obligations to avoid
breaching them.
6
Any licence for material should be restricted to this project.
7
These documents can take significant legal and management time to agree and administer.
8
Documents executed as a deed give a 12 year liability for breaches of the contract; otherwise the limit is 6 years.