standard letters for building contractors » książka
standard letters for building contractors
ISBN-13: 9781405177894 / Angielski / Twarda / 2008 / 352 str.
standard letters for building contractors
ISBN-13: 9781405177894 / Angielski / Twarda / 2008 / 352 str.
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Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send.
This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations.
The letters are for use with the following contracts: * JCT Standard Building Contract (SBC), * JCT Intermediate Building Contract (IC) and 'with contractor's design' (ICD), * JCT Minor Works Building Contract (MW) and 'with contractor's design' (MWD), * JCT Design and Build Contract (DB), * JCT Standard Building Sub-Contract Conditions (SBCSub/C) and 'with sub-contractor's design' (SBCSub/D/C), * JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C), * JCT Intermediate Sub-Contract Conditions (ICSub/C) and 'with sub-contractor's design' (ICSub/D/C), and * JCT Design and Build Sub-Contract Conditions (DBSub/C).
There are also letters for use with GC/Works/1 and its subcontract.
The book comes with a free CD which includes all the letters. It is compatible for use with Microsoft? Word and WordPerfect? on IBM-PC and Macintosh? machines.
Preface to Fourth Edition.
Introduction.
1. TENDERING.
Letters.
1 To architect, requesting inclusion in list of tenderers.
2 To architect, if no response to request for inclusion on list of tenderers.
3 To architect, agreeing to tender.
4 To architect, if contractor unwilling to tender.
5 To architect, if contractor asked to provide information prior to inclusion on tender list.
6 To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender.
7 To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender.
8 To architect, acknowledging receipt of tender documents.
9 To architect, regarding questions during the tender period.
10 To architect, requesting extension of tender period.
11 To architect, withdrawing qualification to tender.
12 To architect, if confirming offer where the overall price is dominant.
13 To architect, if withdrawing offer where the overall price is dominant.
14 To architect, if amending offer where the pricing document is dominant.
15 To architect, if tender accepted (a).
16 To architect, if tender accepted (b).
17 To architect, if tender accepted (c).
18 To architect, if purporting to accept tender.
19 To architect, if another tender accepted.
2. CONTRACT DOCUMENTS.
Letters.
20 To architect, returning contract documents.
21 To architect, if mistakes in contract documents and previous acceptance of tender.
22 To architect, if mistakes in contract documents and no previous acceptance of tender.
23 To architect, if contractor asked to commence before contract documents signed, but tender accepted.
24 To architect, if contractor asked to commence before contract documents signed and tender not accepted.
25 To architect, if contract not signed and certification due.
3. INSURANCE AND OTHER PROJECT PLANNING MATTERS.
Letters.
26 To architect, seeking approval to the names of insurers for employer s liability.
27 To architect, regarding contractor′s insurance (a).
28 To architect, regarding contractor′s insurance (b).
29 To employer, regarding contractor′s insurance (c).
30 To employer, within 21 days of acceptance of tender or renewal of insurance.
31 To architect, after approval of insurers for employer′s liability.
32 To architect, regarding professional indemnity insurance.
33 To architect, if professional indemnity insurance is no longer available at commercially reasonable rates.
34 To architect, if Joint Fire Code remedial measures are a variation.
35 To architect, if Joint Fire Code remedial measures are a variation, but require emergency action.
36 To employer, regarding employer′s insurance (a).
37 To employer, regarding employer′s insurance (b).
38 To employer, regarding employer′s insurance (c).
39 To employer, who fails to maintain insurance cover (a).
40 To employer, who fails to maintain insurance cover (b).
41 To architect and employer, if any damage occurs due to an insured risk (a).
42 To architect and employer, if any damage occurs due to an insured risk (b).
43 To architect, on receipt of letter of intent.
44 To architect, if contractor asked to sign a warranty.
45 To architect, on receipt of defective third party rights notice.
46 To architect, on receipt of request for warranty.
47 To architect, if contractor asked to supply a performance bond.
48 To employer, if asked to execute a novation agreement.
49 To architect, enclosing the construction phase plan.
50 To architect, regarding person–in–charge or agent (a).
51 To architect, regarding the appointment of a site manager (b).
52 To architect, regarding consent to removal or replacement of site manager.
53 To architect, if required to furnish names and addresses of operatives.
54 To architect, if passes are required.
55 To employer, regarding the employer s representative.
56 To employer, regarding the project manager.
4. OPERATIONS ON SITE.
Letters.
57 To employer, if possession not given on the due or the deferred date (a).
58 To employer, if possession not given on the due date (b).
59 To architect, if date for possession advanced.
60 To employer, giving consent to the engagement of other persons.
61 To employer, withholding consent to the engagement of other persons.
62 To architect, regarding items in minutes of site meeting.
63 To architect, enclosing master programme (a).
64 To architect, enclosing master programme (b).
65 To architect, enclosing revision to the master programme.
66 To architect, requesting information.
67 To architect, if insufficient information on setting out drawings.
68 To architect, requesting information that setting out is correct.
69 To architect, if information received late.
70 To architect, if information not received in accordance with the information release schedule.
71 To architect, if design fault in architect s or consultant s drawings.
72 To architect, if a design fault in architect s or consultant s drawings which the architect refuses to correct.
73 To architect, if contractor providing contractor s design documents.
74 To architect, who fails to return the contractor′s drawings in due time.
75 To architect, if architect returns contractor s design document marked C .
76 To architect, if architect confirms a comment on documents marked C .
77 To architect, if contractor providing contractor s design documents.
78 To architect, if contractor providing levels and setting out information.
79 To architect, who returns contractor′s drawings with comments.
80 To architect, if discrepancy found between documents.
81 To architect, if discrepancy within the Employer′s Requirements.
82 To architect, if discrepancy within the Contractor′s Proposals.
83 To architect, if discrepancy found between Employer′s Requirements and Contractor′s Proposals.
84 To architect, if alleging that contractor should have checked the design.
85 To employer, pointing out design error in Employer s Requirements.
86 To architect, requesting directions to integrate the design.
87 To architect, noting divergence between statutory requirements and other documents (a).
88 To architect, noting divergence between statutory requirements and other documents (b).
89 To architect, if emergency compliance with statutory requirements required.
90 To architect, if a change in statutory requirements after base date.
91 To architect, if development control decision after base date.
92 To employer(not being a local authority), objecting to the nomination of a replacement architect.
93 To employer(not being a local authority), objecting to the nomination of the employer as replacement architect.
94 To employer, if replacement architect not appointed.
95 To employer, objecting to the nomination of a replacement quantity surveyor.
96 To architect, regarding directions issued on site by the clerk of works.
97 To architect, regarding instructions issued on site by the clerk of works.
98 To architect, if clerk of works defaces work or materials.
99 To architect, if numerous specialist clerk of works visiting site.
100 To architect, if clerk of works instructs operatives direct.
101 To quantity surveyor, submitting a Schedule 2 quotation.
102 To architect, regarding verification of vouchers for daywork.
103 To employer, if disagreement over whether work is a variation or included in the contract.
104 To architect, requiring the specification of the clause empowering an instruction (a).
105 To architect requiring the specification of the clause empowering an instruction (b).
106 To architect, confirming an oral instruction.
107 To architect, requesting confirmation of an oral instruction.
108 To architect, if oral instruction not confirmed in writing.
109 To architect, objecting to exclusion of person from the Works (a).
110 To employer, objecting to exclusion of person from the Works (b).
111 To architect, objecting to instruction varying obligations or restrictions.
112 To architect, withholding consent to instruction altering the design of the Works.
113 To architect, if attempting to vary the Contractor s Proposals.
114 To architect, on receipt of 7 day notice requiring compliance with instruction (a).
115 To architect, on receipt of notice requiring compliance with instruction (b).
116 To architect if instruction will affect the contractor s designed portion.
117 To architect withholding consent if instruction will affect the contractor s design.
118 To architect, removal of unfixed materials.
119 To architect, if materials are not procurable.
120 To architect, if wishing to substitute materials or goods.
121 To architect, after failure of work or materials or goods.
122 To architect, if contractor objects to complying with a clause 3.15.1 instruction.
123 To architect, after work opened up for inspection.
124 To architect, if excavations ready for inspection.
125 To architect, if issuing an instruction after ordering removal of defective work.
126 To architect, if issuing instruction for opening up after ordering removal of defective work.
127 To architect, if issuing instruction for removal of defective work.
128 To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner.
129 To architect, if work to be covered up.
130 To architect, if antiquities found.
5. PAYMENT.
Letters.
131 To architect, enclosing interim application for payment (a).
132 To architect, enclosing interim application for payment (b).
133 To quantity surveyor, submitting valuation application.
134 To architect, if quantity surveyor fails to respond to the valuation application.
135 To architect, if interim certificate not issued.
136 To architect, if certificate insufficient.
137 To employer, if payment not made in full and no withholding notice issued.
138 To architect, regarding copyright if payment withheld.
139 To employer, if the advance payment is not paid on the due date.
140 To architect, if valuation not carried out in accordance with the priced activity schedule.
141 To architect, if contractor not asked to be present at measurement.
142 To architect, requesting payment for off–site materials.
143 To employer, giving 7 days notice of suspension.
144 To employer, if payment in full has not been made within 7 days despite notice of suspension.
145 To employer, requesting interest on late payment.
146 To employer, requesting retention money to be placed in a separate bank account.
147 To employer, if failure to place retention in separate bank account.
148 To architect, enclosing all information for preparation of final certificate.
149 To architect, enclosing final account.
150 To employer, disputing the final account.
151 To architect, if final certificate not issued on the due date (a).
152 To architect, if final certificate not issued on the due date (b).
153 To architect, if final certificate not issued on the due date (c).
6. EXTENSIONS OF TIME.
Letters.
154 To architect, if delay occurs, but no grounds for extension of time.
155 To architect, when cause of delay ended if no grounds for extension of time.
156 To architect, if delay occurs giving grounds for extension of time (a).
157 To architect, if delay occurs giving grounds for extension of time (b).
158 To architect, providing further particulars for extension of time (a).
159 To architect, providing further particulars for extension of time (b).
160 To architect, if requesting further information in order to grant extension of time.
161 To architect, if unreasonably requesting further information in order to grant an extension of time.
162 To architect, if extension of time is insufficient.
163 To architect, who is not willing to reconsider an insufficient extension of time.
164 To architect, if extension of time not properly attributed.
165 To architect, if extension of time not granted within time stipulated.
166 To architect, if slow in granting extension of time.
167 To architect, if review of extensions not carried out (a).
168 To architect, if review of extensions not carried out (b).
169 To architect, if no final decision on extensions of time (c).
170 To architect, who alleges that contractor is not using best endeavours.
171 To architect, if non–completion certificate or notice wrongly issued.
172 To employer, if liquidated damages wrongfully deducted.
173 To employer, if damages repaid without interest.
7. LOSS AND/OR EXPENSE.
Letters.
174 To architect, applying for payment of loss and/or expense (a).
175 To architect, applying for payment of loss and/or expense under the supplemental provisions (b).
176 To architect, applying for payment of loss and/or expense (c).
177 To architect, applying for payment of expense (d).
178 To architect, giving further details of loss and/or expense (a).
179 To architect or quantity surveyor, enclosing details of loss and/or expense (b).
180 To quantity surveyor, providing information for calculation of expense (c).
181 To architect, if ascertainment delayed (a).
182 To architect, if ascertainment delayed (b).
183 To architect, if ascertainment too small.
184 To employer, regarding a common law claim.
185 To employer, regarding a common law claim.
8. TERMINATION, ARBITRATION, ADJUDICATION AND COMPLETION.
Letters.
186 To employer or architect, if default notice served.
187 To employer or architect, if default notice served justly.
188 To employer, if premature termination notice issued.
189 To employer who terminates after notification of cessation of terrorism cover.
190 To employer, giving notice of default before termination.
191 To employer, terminating employment after default notice.
192 To employer, terminating employment on the employer s insolvency.
193 To employer, where either party may terminate.
194 To employer, terminating if suspension has not ceased after notice.
195 To employer, terminating employment after damage by insured risk.
196 To employer, giving notice of intention to refer a dispute to adjudication.
197 To nominating body, requesting nomination of an adjudicator.
198 To adjudicator, enclosing the referral.
199 To employer, if the adjudicator s decision is in your favour.
200 To employer, requesting concurrence in the appointment of an arbitrator.
201 To appointing body, if there is no concurrence in the appointment of an arbitrator.
202 To architect, if practical completion of the Works or a section imminent.
203 To architect, if completion certificate wrongly withheld (a).
204 To architect, if completion statement wrongly withheld (b).
205 To employer, consenting to early use.
206 To employer, consenting to partial possession (a).
207 To employer, consenting to partial possession (b).
208 To employer, issuing written statement of partial possession.
209 To employer, refusing consent to partial possession.
210 To architect, after receipt of schedule of defects.
211 To architect, when making good of defects completed.
212 To architect, returning drawings, etc. after final payment if requested.
9. SUB–CONTRACTORS.
Letters.
213 To employer, requesting consent to assignment.
214 To employer, if asked to consent to assignment.
215 To sub–contractor, assessing competence under the CDM Regulations.
216 To a designer, assessing competence under the CDM Regulations.
217 To architect, requesting consent to sub–letting.
218 To employer, requesting consent to addition of persons to clause 3.8 list.
219 To employer, giving consent to addition of person to clause 3.8 list.
220 To sub–contractor: letter of intent.
221 To sub–contractor, regarding part of the construction phase plan.
222 To sub–contractor, enclosing part of the construction phase plan.
223 To domestic sub–contractor, requiring a warranty if not noted in the invitation to tender.
224 To domestic sub–contractor, requiring a warranty if not noted in the contract documents.
225 To architect, if domestic sub–contractor refuses to provide a warranty which was not originally requested.
226 To architect, objecting to a named person (a).
227 To architect, objecting to a nominated sub–contractor (b).
228 To architect, if contractor unable to enter into a sub–contract with named person (a).
229 To architect, if unable to enter into sub–contract with named person in accordance with particulars (b).
230 To architect, if some listed sub–contractors will not tender.
231 To architect, if contractor enters into a sub–contract with named person.
232 To architect, if contractor enters into contract with named person.
233 To sub–contractor, regarding insurance.
234 To sub–contractor, that fails to maintain insurance cover.
235 To sub–contractor, enclosing drawings.
236 To sub–contractor, if asked to consent to assignment.
237 To sub–contractor, that sub–lets without consent.
238 To sub–contractor, giving consent to sub–letting.
239 To sub–contractor, if no person–in–charge.
240 To sub–contractor, requiring compliance with direction.
241 To sub–contractor that fails to comply with direction.
242 To sub–contractor, if contractor dissents from alleged oral direction.
243 To sub–contractor that wrongly confirms an oral direction.
244 To sub–contractor that confirms an oral direction which was given.
245 To sub–contractor, if non–compliant work allowed to remain.
246 To sub–contractor, if defective work opened up.
247 To sub–contractor, inspection after failure of work.
248 To sub–contractor, after failure of work.
249 To sub–contractor, accepting schedule 2 quotation.
250 To sub–contractor, rejecting schedule 2 quotation.
251 To sub–contractor, if necessary to measure work.
252 To sub–contractor, fixing a new period for completion.
253 To sub–contractor, fixing a new period for completion after practical completion of the sub–contract works.
254 To sub–contractor, if no extension of time due.
255 To sub–contractor, if claim for extension of time is not valid.
256 To sub–contractor, if sub–contract works not complete by due date (a).
257 To sub–contractor, if sub–contract works not complete within the period for completion (b).
258 To sub–contractor, requesting further information in support of a financial claim.
259 To sub–contractor, applying for payment of loss and/or expense (a).
260 To sub–contractor, applying for payment of loss and/or expense (b).
261 To sub–contractor, giving notice of an interim payment.
262 To sub–contractor, enclosing payment.
263 To sub–contractor, giving withholding notice.
264 To adjudicator, enclosing written statement.
265 To sub–contractor if adjudicator appointed, but there is no dispute.
266 To Adjudicator, if there is no dispute.
267 To sub–contractor, if sub–contractor has wrongly sent 7 day notice of intention to suspend performance of obligations.
268 To sub–contractor, if sub–contractor has correctly sent 7 day notice of intention to suspend performance of obligations.
269 To sub–contractor, requesting documents for calculation of the final sub–contract sum.
270 To sub–contractor that has failed to submit documents for the calculation of the final sub–contract sum.
271 To sub–contractor that has failed to submit documents for the calculation of the final sub–contract sum.
272 To sub–contractor, enclosing final payment.
273 To employer, giving notice of the named sub–contractor′s default.
274 To sub–contractor, giving notice of default before termination.
275 To sub–contractor, giving notice before determination.
276 To architect, if termination of named person′s employment possible.
277 To sub–contractor, terminating employment after default notice (a).
278 To sub–contractor, determining the sub–contract after notice (b).
279 To sub–contractor, determining the sub–contract without prior notice.
280 To sub–contractor, terminating employment after termination of the main contract.
281 To sub–contractor, termination on insolvency.
282 To sub–contractor, if cessation of terrorism cover notified.
283 To sub–contractor, notifying the employer s election after cessation of terrorism cover notified.
284 To sub–contractor that serves a default notice (a).
285 To sub–contractor that serves a default notice before determination (b).
286 To sub–contractor that serves notice of termination (a).
287 To sub–contractor that serves notice of determination (b).
288 To architect, if employment of named person terminated.
289 To architect, if employment of named person terminated under ICSub/NAM/C clause 7.4, 7.5 or 7.6.
290 To architect, if contractor instructed to carry out named person′s work after termination of named person s employment.
291 To architect, if contractor decides to sub–let after termination of named person′s employment.
292 To employer, if money recovered after termination of named person s employment.
293 To sub–contractor, requesting details for the health and safety file.
294 To sub–contractor if contractor dissents from date of practical completion.
295 To sub–contractor notifying practical completion after earlier dissent.
296 To sub–contractor, enclosing schedule of defects.
297 To sub–contractor, directing that some defects are not to be made good.
298 To sub–contractor, if deduction made under main contract for inaccurate setting out.
299 To architect, if action threatened because of named person′s design failure.
300 To sub–contract architect, engineer or other consultant, regarding professional indemnity insurance.
301 To sub–contract architect, engineer or other consultant, if late in providing information.
302 To sub–contract architect, engineer or other consultant, if action threatened because of design failure.
303 To sub–contract architect, engineer or other consultant, at the end of a successful project.
Index
David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 50 years experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last twenty years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Professor and Senior Research Fellow in Architectural Practice and Management Research at The Queen s University Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely.
Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send.
This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub–contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations.
The letters are for use with the following contracts: JCT Standard Building Contract (SBC), JCT Intermediate Building Contract (IC) and with contractor s design (ICD), JCT Minor Works Building Contract (MW) and with contractor s design (MWD), JCT Design and Build Contract (DB), JCT Standard Building Sub–Contract Conditions (SBCSub/C) and with sub–contractor s design (SBCSub/D/C), JCT Intermediate Named Sub–Contract Conditions (ICSub/NAM/C), JCT Intermediate Sub–Contract Conditions (ICSub/C) and with sub–contractor s design (ICSub/D/C), and JCT Design and Build Sub–Contract Conditions (DBSub/C).
There are also letters for use with GC/Works/1 and its subcontract.
The book comes with a free CD which includes all the letters. It is compatible for use with Microsoft® Word and WordPerfect® on IBM–PC and Macintosh® machines.
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