Building contract for a home owner/occupier who has not appointed a consultant to Details of the adjudication scheme are available at Having recently completed a ‘grand design’ of his own using the JCT Minor Works contract, Julian Record investigates whether the JCT Home Owner contract. JCT homeowner contract is suitable for a homeowner who wants to employ a builder, this contract is designed to protect the homeowner.

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If this is unavoidable then you at least need to keep a close eye on matters to ensure there are no slip ups. The content of this article is intended to provide a general guide to the subject matter. Indeed both rely on good homeownsr and a pragmatic approach to work.

If these things are agreed at the beginning then the potential for disputes is dramatically reduced. More from this Firm. The insurance provisions under MW11 are more sophisticated and provide for a greater range of projects though in the case of a residential occupier the contractor should have insurance in place for the works clause 5.

JCT: Building Contract for Home Owner/Occupier Who Has Not Appointed a Consultant | RIBA Bookshops

Be aware though that failure to grant as much access as is necessary to complete the works will entitle the contractor to an extension of time!

The building contract sets out: Fancy a city break anyone? However, this is the only instance within MW11 where the contract administrator may make such an award so if the contractor suffers losses not related to a variation as in the case of delays by the consultant or contract administrator, then these might have to be referred to adjudication, arbitration or litigation, unless some agreement can be reached.

Scottish Real Estate In Miss these vital ingredients and any project will fail, homeownrr in a nutshell is no different with ho,eowner larger projects. If this is the case it should also be made clear in jft tender documents so the contractor may allow for appropriate screening and temporary works, and agreement should be reached with the contractor over suitable arrangements.


Specialist advice should be sought about your specific circumstances. The parties’ names and addresses. Who owns the copyright in documents prepared by the consultant. Preparing a contract homeowwner sound like a daunting prospect, but it is, in fact, extremely straightforward because there are standard documents available for home owners to use.

The JCT has been producing standard form building homeowber for over 75 years which are used within the commercial construction industry.

Contract families

Coming to and Investing in the UK. In reality, however, the incorporation of liquidated damages provisions in a domestic context will at best be treated with extreme suspicion and at worst will either scare off many builders or they will refuse to accept such terms.

Working hours and facilities which the contractor can use. Real Estate and Construction. How changes to the works are to be dealt with.

Both parties’ health and safety obligations. If you have homwowner reached agreement with your builder on the things in the contract then you need to do so. The above aside, maintaining cashflow is particularly critical for small contractors and it is not unusual for advance payments to be required so it is vital that bank references are sought, financial checks undertaken and references obtained from recently completed projects to ensure that the risk of default, having paid over a significant sum of money, is reduced.

Homeowner Contracts | RIBA Bookshops

This is a risk which may be quite high with certain projects, such as those on tight urban sites or in close proximity to old buildings, and in such cases it may be advisable to take out a special policy for the benefit of the employer. Returning to HO09 it also comes in two forms: Cohtract are two versions of the building contract, one to be used where a consultant has been appointed to oversee the work, and one where the homeowner will oversee the work.


How the contract can be brought to an end.

Our Vision is Simple In practice my sense is that many employers ask their builder to use a certain party yet neither contract makes any provision. For example, subsidence or vibration resulting from the carrying out of the works might cause such damage, even though the contractor has taken reasonable care. The contracts can be obtained from RIBA bookshops www.

It’s always good at this time of year to reflect on what has changed in the Scottish real estate homeownef over the last 12 months. It carries more weight and authority than HO09, a clear example of this being the damages provisions for late completion which are incorporated into MW How disputes are to be resolved.

Energy and Natural Resources. Both HO09 and MW11 only allow for a start and completion date and there is no specific requirement in both to produce a programme although there is nothing to prevent such a requirement being included in the specification.

The length of time the work will take.

Just How Good is the JCT Home Owner Contract?

However, the Minor Works contract is in fact quite a sophisticated document and, although intended for smaller projects domestic or otherwise, can be used on larger ones provided that the project requirements contracg relatively straightforward.

Coverage Regional and National coverage. The arrangements for the work. How changes to the services are to be dealt with. A mechanism for describing the works.