Building contracts and tenders

This page discusses the preparation of smaller contracts such as the JCT Minor Works (MW), although many of the issues will be the same for larger projects.

The fundamental principle of preparing contracts is proportionality. Use the appropriate document for the scale of job. A carefully drafted letter is sufficient for very small items.

Contract specifics schedules

A contract specifics schedule (sometimes referred to as 'draft articles of agreement', for larger contracts) recites the responses, entries, and departures from the pro forma contract in the form of an accessible summary. This means it is a convenient way of issuing proposed contract terms (for example, within a tender).

If you are using one of the standard contract forms, it is worth drafting a contract specifics schedule before going out to tender. This will enable you to quickly become familiar with any particular contract pro forma and any revisions which may have crept in since you last used that particular form.

A good habit to develop is to take out a blank of the contract you propose to use and check off the main entries in a simple schedule/list format for inclusion with the tender document. You can only do this where you are confident that the contractors you are asking to tender will be familiar with the particular form. Alternatively, if the contract is lengthier or unusual in some way, so that contractors are not familiar with it, keep a copy of the contract available in your office for contractors to inspect, along with any other background documents appropriate for tendering.

Include the schedule in the tender pack for the contractor so that all parties can see at a glance how the relevant 'standard' contract will operate and which clauses will apply. (The new JCT MW 2011 incorporates a schedule within it, and this is a good example to use as an aide-memoire if you are drafting a contract specifics schedule.)

Remember that where a block of flats is involved in the tender the client's position needs to be reserved, and the contractor needs to be made aware that the tender process may be subject to examination and consultation by leaseholders under the provisions of section 20 of the Leasehold Reform Act (which has now been subsumed within section 151 of the Commonhold and Leasehold Reform Act 2002).

Note that standard contract pro formas are copyright, so although it is tempting to photocopy them ‘for information’ or as a contract document, it is illegal.

The complementary aspects of putting together the project are dealt with in subsequent chapters; particularly, you should consider how the contract will dovetail with the specification, and where appropriate the CDM requirements, insurance, and services, and their timely diversion or provision.

An example of a contract specifics schedule for a JCT MWBC is given below.

Where small works are the result of say, a mortgage valuer’s referral for a building surveyor's report or similar circumstance, a simple contract, schedule, and specification would be more appropriate. A suggested example - for a roof repair to brace sagging roof timbers under the increased load from concrete tiles, which have replaced the original slate roof - is set out below.

Specification for roof upgrades/support at: ‘Stackup’, 1 Full Flood Lane , Little Marshy, Hants

1. Install new grade SC4 softwood purlin to back addition roof at 1800 up roof slope measured from eaves. Min. 125 × 50 section
2. Support purlin at each end – use proprietary joist hangers cut into gable wall, or steel angle fixed with resin anchors and stud bolt fixed in min. dia. M12 × 4 no. each fixing.
3. Support the inner purlin end under the valley by raising a new support wall from the existing internal/rear main wall in engineering brick. Allow for RC 100 wide concrete lintel to span any rafters as needed. Do not point load the lintel where it is open span beneath by placing the purlin on top.
4. Fit raking supports back to gable wall and secured on to rear main roof/wall wall plate fixed at 860 mm from each end of the purlin – or use one central purlin prop notched and screw fixed at the centre of the purlin and supported onto a 100 × 50 plate bolted on to the Party Wall. Prop min. 125 × 50 section.
5. Secure any rafter undersides which do not load onto the new purlin due to old bending using folding wedges.
6. Check and secure all rafter feet connections to joists in the back addition with screw fixings into the eaves connection. Use min. 75 galv. screws.
7. Use 38 × 5 perforated galv. MS strap to secure joists back to the Party Wall onto new SW 100 × 50 wall plate stud bolted into polyester resin at 500 c/c maximum centres.
8. Check support to the main roof rafters, allow for temporary fixings and support if needed before proceeding.
9. Slide alongside new purlin against bottom of existing in 125 × 50 section sc4 softwood.
10. Secure the new purlin. Use folding wedges to tension if necessary to the underside of rafters. Duplicate existing prop onto internal load bearing wall. Check and locate/assess head of wall for load bearing partitions (e.g. around the middle bedroom) and provide additional prop support where feasible or run props back to 100 × 50 plate on stud bolt fixings against Party Wall where rake angles will permit.
11. Check and secure rafter feet fixings to joist ends with screw fixings, likewise to wall plate in the main roof.
12. Externally: provide safe access. Strip out defective tile ‘listing’ flashings and renew in Code 4 milled sheet lead properly wedged secured and let into Party Wall mortar joints and lapped onto roof by min 100. Clip all joints in folded lead. Finish with patination oil. All works to Lead Sheet Manual specifications.

Contracts checklist

• Contracts save time and money, and stress, later on. Some form of contract, however simple, is essential.
• Contract size and complexity should be in proportion to the size of the job.
• Be clear about the price agreed at the outset, and what is included for the money.
• Establish well in advance what issues might delay the project.
• Early involvement pays dividends.
• Both parties should have a signed copy of the contract.
• Take account of 'special considerations' for RSLs and local authorities.