Small Works Contract Sample

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.

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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)

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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-

e-mail

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

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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