Contract Documents Definition

GLOSSARY

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What does Contract Documents mean?

The documents that, together, comprise the building contract are often collectively referred to as the contract documents. The contract documents will usually include the conditions of contract, the employer’s requirements, the contractor’s proposals, the specification and the contract sum analysis or bills of quantities.

View the related checklists about Contract Documents

Preparing a building contract for signature—checklist

Preparing a building contract for signature—checklist This Checklist can be used when preparing a building contract for signature. It is designed to help avoid errors when preparing or checking construction documents before they are signed by the parties and completed. • Consistency with other documents From the outset, liaise with the member of the professional team responsible for preparing contract documents such as Preliminaries and Employer’s Requirements to ensure that these are consistent with the schedule of amendments and accurately reflect the intentions of the parties. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. • Details of the parties Include full details for all contracting parties—the full company name and address, plus the registered company number (if any) as company names may change in future. Confirm the details are correct at Companies House (if applicable). • Contract Particulars Review the Contract Particulars (where a JCT contract is being used), or Contract Data (where an NEC contract is used), or other relevant contract details section...

Sub-contractor steps to take if contractor becomes insolvent—checklist

Sub-contractor steps to take if contractor becomes insolvent—checklist This Checklist sets out a number of practical steps that a sub-contractor should consider taking in the event that the main contractor on a construction project becomes insolvent during the course of the works. It assumes that the sub-contractor has been engaged on written terms by a main contractor for a specific sub-contract package on a construction project and that the main contractor has been paying the sub-contractor directly (ie there is no project bank account, escrow account or other arrangement as to payment). For guidance on how to spot potential problems with solvency and how to protect the sub-contractor’s position at the outset of a project, see Practice Note: Construction insolvency—how to spot problems and how to protect yourself—sub-contractors. In the event that the main contractor engaged on a construction project has become insolvent, the sub-contractor needs to act quickly and consider all the practical and legal steps it can take to protect its position. Steps that the sub-contractor should consider...

Negotiating a building contract—design issues

Negotiating a building contract—design issues This Practice Note is a negotiation guide, looking at some of the most common issues that arise in relation to design in the drafting and negotiation of building contracts. It looks at provisions that are commonly proposed during the negotiation of a building contract, at the issues that provisions that the employer includes in the draft building contract can cause for the contractor and how the contractor will typically respond to them. It also considers how, in order to be able to agree the building contract, the parties might be able to resolve these design-related issues and, where possible, reach a compromise position that is acceptable to them both. This Practice Note does not focus on a particular form of building contract, the draft contract in which these issues could arise might be a standard form with schedule of amendments or a bespoke form of contract. For ease of reference, this Practice Note uses the expressions ‘Employer’s Requirements’ (ERs) to refer to the...

FIDIC contracts 2017—design

FIDIC contracts 2017—design This Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) and considers fitness of purpose and responsibility for the Employer’s Requirements. For a look at the design obligations in the 1999 editions of the Red, Yellow and Silver Books and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—design. Under the Yellow and Silver Books, the design is carried out by the Contractor to comply with the Employer's Requirements which are prepared by or on behalf of the Employer, whereas under the Red Book the design is prepared by or on behalf of the Employer. The design is contained in the following documents: • the specifications and drawings (the Red Book) • the Employer's Requirements and Contractor's proposals (the Yellow Book) • the Employer's Requirements and Tender (the Silver Book) Contractor design obligations under the Red Book FIDIC considers the Red Book to be a 'traditional construction' contract, because...

Discover our 120 Practice Notes on Contract Documents

JCT Management Works Contract 2016—Form of Agreement and Amendments

JCT Management Works Contract 2016—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Management Works Contract Agreement 2016 (MCWC/A 2016) and JCT Management Works Contract Conditions 2016 (MCWC/C 2016) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Management Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Management Contractor] (‘the Management Contractor’); 2 [insert name of the Works Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Works Contractor] (‘the Works Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT MCWC/A 2016 and the JCT MCWC/C 2016, referred to in and...

Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013)

Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChemE Red Book, fifth edition (2013) shall have effect as modified by the following: Agreement Paragraph 8 In paragraph 8, delete ‘6.3’. Paragraph 14 In paragraph 14, after ‘fax number’ add: ‘or email address’. Insert ‘Email Address’ in the contact details section of both the Purchaser and the Contractor. Paragraph 16 Delete paragraph 16 and insert ‘Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 1.1 In the definition of Cost, after ‘properly’ insert ‘, reasonably and necessarily’. In the definition of Legislation, at the end add (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any...

Dive into our 62 Precedents related to Contract Documents

Should I include hard copies of conditions in Joint Contracts Tribunal agreements or can I just refer to them?

Should I include hard copies of conditions in Joint Contracts Tribunal agreements or can I just refer to them? It is not strictly necessary to include the hard copy of the Joint Contract Tribunal (JCT) contract (or indeed any published construction contract) within an agreement for construction works—the parties may agree that the JCT terms are incorporated by reference. It is important, however, to ensure that the full name of the contract (including the edition) is stated, so that there is no ambiguity as to which version of the JCT terms are incorporated into the agreement. That said, the JCT contracts are all drafted to operate with reference to the relevant Agreement, Recitals, Articles and Contract Particulars as completed by the parties. Those details must be completed in order for many of the JCT contract terms to operate correctly, and so it is usual for a hard copy of the JCT contract with

What are the rules/grounds for modification under Public Contracts Regulations 2015, SI 2015/102?

What are the rules/grounds for modification under Public Contracts Regulations 2015, SI 2015/102? What are the rules/grounds for modification under Public Contracts Regulations 2015? There are specific rules relating to modification and termination of public contracts under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). PCR 2015, SI 2015/102, reg 72 sets out clear rules in relation to modification of public contracts and establishes permissible grounds for modification and these are stated at PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Modifications which fall outside these permissible grounds will require a new procurement procedure in accordance with PCR 2015, SI 2015/102. What are the relevant permissible grounds for modification of a public contract under PCR 2015 that require a modification notice to be published? As stated above, the permissible grounds for modification are set out in PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Under PCR 2015, SI 2015/102, reg 72(3) contracting authorities which have modified a contract under the permissible grounds described in PCR 2015, SI 2015/102,...

See the 16 Q&As about Contract Documents

Talking Point—the JCT 2024 Contracts

Construction analysis: On 17 April 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Design and Build Contract and Design and Build Sub-Contract Agreement and Conditions, along with associated guides. This was followed on 15 May 2024 with the publication of the 2024 editions of the Minor Works Building Contract, Minor Works Building Contract with contractor’s design, Minor Works Sub-Contract with sub-contractor’s design, Short Form of Sub-Contract and Sub-subcontract, and on 10 July 2024 with the publication of the Intermediate Building Contract with contractor’s design, Intermediate Building Contract, Intermediate Sub-Contract and Intermediate Sub-Contract with sub-contractor’s design. In this analysis, David Bebb of Fenwick Elliott LLP, Gemma Irving of Eversheds Sutherland (International) LLP and Lauren Morrison of Herbert Smith Freehills reflect and comment on the changes made and what impact the new editions will have on the construction sector.

Cabinet Office issues further guidance documents for Procurement Act 2023

The Cabinet Office has published the first guidance document in relation to the Procurement Act 2023 (PA 2023) Manage phase and seven documents in relation to the Procure phase. These documents should be read in conjunction with PA 2023 and its associated regulations. Each guidance document will typically include the legal framework, what has changed, key points and policy intent, linked notices or guidance and where to find further information.

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