builders contract

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louisemartin

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Hi
just wondering what a builders contract looks like / should contain?
Can i do up one myself or does it have to be drawn up professionally?
Builder startin at the weekend, would like to have it done by before then.
 
your architect/engineer is the best person to advise you on this.
if you obtained a price from the builder without mentioning a contract to him, he is entitled to increase his price i would think.
 
"insert detailed description of the works, including labour and materials"

so this contract requires a bill of quantities, but wait it suggests inserting a few lines on the document to cover this. So will a few lines contain detail to cover everything, or leave a massive scope for future variations at the expense of the employer? This is a cowboy contract, designed to fool the inexperienced. OP Use an RIAI contract they are case tested been around for years, and far more specific.
e.g. the agreed 3rd party for arbitration, this could be anyone and both parties have to agree to that person, fat chance. The RIAI contracts nail this issue down, when arbitration is to occur, who can be an arbitrator (qualifications), where to find them.
Every clause in the other contract seems full of holes, everything is vague, e.g. "timely communication"????
Where is the quality control?, What about insurances? etc. etc. etc.
 
RIAI contracts may only be administered by RIAI members, as far as i know, and this should be checked before useing it. it is a good contract (i.e. has been through the courts many times!) so that in using one all responsibilities etc. should be clear.
 
MCK111 said:
"insert detailed description of the works, including labour and materials"

so this contract requires a bill of quantities, but wait it suggests inserting a few lines on the document to cover this. So will a few lines contain detail to cover everything, or leave a massive scope for future variations at the expense of the employer? This is a cowboy contract, designed to fool the inexperienced. OP Use an RIAI contract they are case tested been around for years, and far more specific.
e.g. the agreed 3rd party for arbitration, this could be anyone and both parties have to agree to that person, fat chance. The RIAI contracts nail this issue down, when arbitration is to occur, who can be an arbitrator (qualifications), where to find them.
Every clause in the other contract seems full of holes, everything is vague, e.g. "timely communication"????
Where is the quality control?, What about insurances? etc. etc. etc.
Click to expand...


To be fair, the sample contract in question allows for more detail:
"...and in accordance with the following documents, which by this
reference are incorporated in and made part of this agreement:​
(Insert list of relevant documents including drawings, quotations etc. as signed by both parties)"

No doubt a contract from the RIAI (of which I suspect your good self could be a member) would be perferable, the OP would be better off with this contract rather than nothing at all ...​
 
perhaps, although i'm not entirely sure if 'any' contract is better than none in all cases.
if in the unfortunate event that things do turn sour, in the absence of a contract you are covered under the sale of goods and supply of services act in any case, and could pursue things this way, which MAY be easier in some cased than having to go to court on the back of a badly drafted contract in which the parties spend a long time arguing about what the provisons of the contract actually mean...

maybe a legal-eagle could give a considered view on this?
 
Look lads all I'll say is times are tough, and in my experience, tenders as stripped down by builders to get their foot in the door, with the intention of adding on variations to make the build profitable.
Although people on this forum have suggested in other threads that Architects aren't necessary - even suggesting that all that is needed are planning drawings from building construction teachers - now above all times the experience of a good professional used to contracts and knowing how to prepare contract documents is necessary.
I have yet to work on a job where I haven’t saved my client far in excess of my fees, protecting them from unforseens, knowing the rules for variations, omissions and Extension of time and damages etc. I also as any qualified architect should, record all instructions and priced and agreed variations regularly during a job, which seems to be good for the client's heart, knowing always where they stand.
However, I've issued out Bill of Quantities and Schedules of Works to builders, not pre-qualified but placed on a tender list through client instruction (they heard about him, that he was good?) only to receive back a very cheap quote, broken down to 10 or so vague items e.g. "walls" and ignoring the issued BOQ or SOW. Walls is not detailed enough, so if, sorry let’s be honest when a client wants to change something, the figure claimed by the builder for addition / omission is often plucked out of the air, and an argument will ensue, which in turn can cause delays.
In one case all quotes were coming in at 320-380K and one genius came in at 185k. I told the clients that due to his failure to complete the SOW he was disqualified, but they went down the route of abandon this tender and go again to allow for this guy. Instead I arranged a meeting with the clients present, to ask him how he proposed to construct the build, there was a 1.5m cantilever section 7.5m long by 3.5m high projecting over the garden. An Engineer had obviously been appointed and had several of his drawings detailing the size of beams etc. included in the tender documents.
Well to cut the story short, and to avoid cutting the storey short, after a few questions it was obvious even to the eager clients, that this guy hadn't a clue regarding the construction necessary; all he wanted to talk about was putting nosing on the internal stairs steps.
So OP I hope for your own sake that you hire a professional and use a proper contract, maybe you could be lucky? Maybe everything will run smoothly, and you are crystal about what you want and know that it is achievable. How much is your sleep worth?
 
contract law would suggest it is too late to introduce a new contract now.
you may have to rely on implied terms.

You do need to ensure you have insurance for this job, your normal insurance does not cover this.
If an employee gets injured , s/he can sue you. Check you have insurance, otherwise cancell the job, untill you have the insurance. You are the employer under health and safety law, it is accepted you are not the employer under employment law.
 
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