Standard Letters for Building Contractors

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1 Standard for Building Contractors

2 Other books by The JCT Intermediate Building Contracts 2005 Third Edition The JCT Minor Works Building Contracts 2005 Fourth Edition The JCT Design and Build Contract 2005 Third Edition Building Contract Claims Fourth Edition, Vincent Powell-Smith and John Sims Parris s Standard Form of Building Contract Third Edition Building Contract Dictionary Third Edition, Derek Marshall, Vincent Powell-Smith and Simon Cavender Standard in Architectural Practice Fourth Edition Contractual Correspondence for Architects and Project Managers Fourth Edition

3 Standard for Building Contractors Fourth Edition BA (Hons Arch), MA (Arch), MA (Law), PhD, RIBA Building Contracts Consultant Consultancy Limited

4 C 1987, 1994, 2003, 2008 by Blackwell Publishing editorial offices: Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK Tel: +44 (0) Blackwell Publishing Inc., 350 Main Street, Malden, MA , USA Tel: Blackwell Publishing Asia Pty Ltd, 550 Swanston Street, Carlton, Victoria 3053, Australia Tel: +61 (0) The right of the Author to be identified as the Author of this Work has been asserted in accordance with the Copyright, Designs and Patents Act All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The Publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the Publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. First published 1987 by The Architectural Press Second edition published 1994 by Blackwell Scientific Publications Third edition published 2003 by Blackwell Science Fourth edition published 2008 by Blackwell Publishing Ltd. ISBN-13: Library of Congress Cataloging-in-Publication Data Chappell, David. Standard letters for building contractors /. 4th ed. p. cm. Includes index. ISBN-13: (hardback : alk. paper) 1. Construction industry Law and legislation Great Britain Forms. 2. Construction contracts Great Britain Forms. 3. Construction industry Great Britain Records and correspondence Forms. I. Title. KD2435.C dc A catalogue record for this title is available from the British Library Set in 10/13 Palatino by Aptara Inc., New Delhi, India Printed and bound in Singapore by Markono Print Media Pte Ltd The publisher s policy is to use permanent paper from mills that operate a sustainable forestry policy, and which has been manufactured from pulp processed using acid-free and elementary chlorine-free practices. Furthermore, the publisher ensures that the text paper and cover board used have met acceptable environmental accreditation standards. For further information on Blackwell Publishing, visit our website:

5 Contents Preface to the Fourth Edition Introduction xvii xix 1 Tendering 1 1 To architect, requesting inclusion in list of tenderers 2 2 To architect, if no response to request for inclusion on list of tenderers 3 3 To architect, agreeing to tender 4 4 To architect, if contractor unwilling to tender 5 5 To architect, if contractor asked to provide information prior to inclusion on tender list 6 6 To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender 7 7 To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender 8 8 To architect, acknowledging receipt of tender documents 9 9 To architect, regarding questions during the tender period To architect, requesting extension of tender period To architect, withdrawing qualification to tender To architect, if confirming offer where the overall price is dominant To architect, if withdrawing offer where the overall price is dominant To architect, if amending offer where the pricing document is dominant To architect, if tender accepted (a) To architect, if tender accepted (b) To architect, if tender accepted (c) To architect, if purporting to accept tender To architect, if another tender accepted 20 2 Contract Documents To architect, returning contract documents To architect, if mistakes in contract documents and previous acceptance of tender 24

6 vi Contents 22 To architect, if mistakes in contract documents and no previous acceptance of tender To architect, if contractor asked to commence before contract documents signed, but tender accepted To architect, if contractor asked to commence before contract documents signed and tender not accepted To architect, if contract not signed and certification due 28 3 Insurance and Other Project Planning Matters To architect, seeking approval to the names of insurers for employer s liability To architect, regarding contractor s insurance (a) To architect, regarding contractor s insurance (b) To employer, regarding contractor s insurance (c) To employer, within 21 days of acceptance of tender or renewal of insurance To architect, after approval of insurers for employer s liability To architect, regarding professional indemnity insurance To architect, if professional indemnity insurance is no longer available at commercially reasonable rates To architect, if Joint Fire Code remedial measures are a variation To architect, if Joint Fire Code remedial measures are a variation, but require emergency action To employer, regarding employer s insurance (a) To employer, regarding employer s insurance (b) To employer, regarding employer s insurance (c) To employer, who fails to maintain insurance cover (a) To employer, who fails to maintain insurance cover (b) To architect and employer, if any damage occurs due to an insured risk (a) To architect and employer, if any damage occurs due to an insured risk (b) To architect, on receipt of letter of intent To architect, if contractor asked to sign a warranty To architect, on receipt of defective third party rights notice To architect, on receipt of request for warranty To architect, if contractor asked to supply a performance bond To employer, if asked to execute a novation agreement To architect, enclosing the construction phase plan To architect, regarding person-in-charge or agent (a) To architect, regarding the appointment of a site manager (b) To architect, regarding consent to removal or replacement of site manager 58

7 Contents vii 53 To architect, if required to furnish names and addresses of operatives To architect, if passes are required To employer, regarding the employer s representative To employer, regarding the project manager 62 4 Operations on Site To employer, if possession not given on the due or the deferred date (a) To employer, if possession not given on the due date (b) To architect, if date for possession advanced To employer, giving consent to the engagement of other persons To employer, withholding consent to the engagement of other persons To architect, regarding items in minutes of site meeting To architect, enclosing master programme (a) To architect, enclosing master programme (b) To architect, enclosing revision to the master programme To architect, requesting information To architect, if insufficient information on setting out drawings To architect, requesting information that setting out is correct To architect, if information received late To architect, if information not received in accordance with the information release schedule To architect, if design fault in architect s or consultant s drawings To architect, if a design fault in architect s or consultant s drawings which the architect refuses to correct To architect, if contractor providing contractor s design documents To architect, who fails to return the contractor s drawings in due time To architect, if architect returns contractor s design document marked C To architect, if architect confirms a comment on documents marked C To architect, if contractor providing contractor s design documents To architect, if contractor providing levels and setting out information To architect, who returns contractor s drawings with comments To architect, if discrepancy found between documents To architect, if discrepancy within the Employer s Requirements 89

8 viii Contents 82 To architect, if discrepancy within the Contractor s Proposals To architect, if discrepancy found between Employer s Requirements and Contractor s Proposals To architect, if alleging that contractor should have checked the design To employer, pointing out design error in Employer s Requirements To architect, requesting directions to integrate the design To architect, noting divergence between statutory requirements and other documents (a) To architect, noting divergence between statutory requirements and other documents (b) To architect, if emergency compliance with statutory requirements required To architect, if a change in statutory requirements after base date To architect, if development control decision after base date To employer (not being a local authority), objecting to the nomination of a replacement architect To employer (not being a local authority), objecting to the nomination of the employer as replacement architect To employer, if replacement architect not appointed To employer, objecting to the nomination of a replacement quantity surveyor To architect, regarding directions issued on site by the clerk of works To architect, regarding instructions issued on site by the clerk of works To architect, if clerk of works defaces work or materials To architect, if numerous specialist clerks of works visiting site To architect, if clerk of works instructs operatives direct To quantity surveyor, submitting a Schedule 2 quotation To architect, regarding verification of vouchers for daywork To employer, if disagreement over whether work is a variation or included in the contract To architect, requiring the specification of the clause empowering an instruction (a) To architect, requiring the specification of the clause empowering an instruction (b) To architect, confirming an oral instruction To architect, requesting confirmation of an oral instruction To architect, if oral instruction not confirmed in writing To architect, objecting to exclusion of person from the Works (a) To employer, objecting to exclusion of person from the Works (b) To architect, objecting to instruction varying obligations or restrictions 119

9 Contents ix 112 To architect, withholding consent to instruction altering the design of the Works To architect, if attempting to vary the Contractor s Proposals To architect, on receipt of 7 day notice requiring compliance with instruction (a) To architect, on receipt of notice requiring compliance with instruction (b) To architect, if instruction will affect the contractor s designed portion To architect withholding consent, if instruction will affect the contractor s design To architect, removal of unfixed materials To architect, if materials are not procurable To architect, if wishing to substitute materials or goods To architect, after failure of work or materials or goods To architect, if contractor objects to complying with a clause instruction To architect, after work opened up for inspection To architect, if excavations ready for inspection To architect, if issuing an instruction after ordering removal of defective work To architect, if issuing instruction for opening up after ordering removal of defective work To architect, if issuing instruction for removal of defective work To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner To architect, if work to be covered up To architect, if antiquities found Payment To architect, enclosing interim application for payment (a) To architect, enclosing interim application for payment (b) To quantity surveyor, submitting valuation application To architect, if quantity surveyor fails to respond to the valuation application To architect, if interim certificate not issued To architect, if certificate insufficient To employer, if payment not made in full and no withholding notice issued To architect, regarding copyright if payment withheld To employer, if the advance payment is not paid on the due date To architect, if valuation not carried out in accordance with the priced activity schedule To architect, if contractor not asked to be present at measurement 153

10 x Contents 142 To architect, requesting payment for off-site materials To employer, giving 7 days notice of suspension To employer, if payment in full has not been made within 7 days despite notice of suspension To employer, requesting interest on late payment To employer, requesting retention money to be placed in a separate bank account To employer, if failure to place retention in separate bank account To architect, enclosing all information for preparation of final certificate To architect, enclosing final account To employer, disputing the final account To architect, if final certificate not issued on the due date (a) To architect, if final certificate not issued on the due date (b) To architect, if final certificate not issued on the due date (c) Extensions of Time To architect, if delay occurs, but no grounds for extension of time To architect, when cause of delay ended if no grounds for extension of time To architect, if delay occurs giving grounds for extension of time (a) To architect, if delay occurs giving grounds for extension of time (b) To architect, providing further particulars for extension of time (a) To architect, providing further particulars for extension of time (b) To architect, if requesting further information in order to grant extension of time To architect, if unreasonably requesting further information in order to grant an extension of time To architect, if extension of time is insufficient To architect, who is not willing to reconsider an insufficient extension of time To architect, if extension of time not properly attributed To architect, if extension of time not granted within time stipulated To architect, if slow in granting extension of time To architect, if review of extensions not carried out (a) To architect, if review of extensions not carried out (b) To architect, if no final decision on extensions of time (c) To architect, who alleges that contractor is not using best endeavours To architect, if non-completion certificate or notice wrongly issued 184

Property Valuation Wyattp-Prelims.indd i Wyattp-Prelims.indd i 8/8/2007 1:47:43 PM 8/8/2007 1:47:43 PM

Property Valuation Wyattp-Prelims.indd i Wyattp-Prelims.indd i 8/8/2007 1:47:43 PM 8/8/2007 1:47:43 PM Property Valuation This book is dedicated to my father and to the memory of my mother Property Valuation in an economic context Peter Wyatt University of the West of England Bristol 2007 by Peter Wyatt