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STANDARD TERM CONTRACTS FOR CONSTRUCTION (TYPICAL CONTRACT CONTENTS…
STANDARD TERM CONTRACTS FOR CONSTRUCTION
NEC - New Engineering and Construction contract
Family of Standard Contracts - recommended for Public Sector projects
Promotes collaborative, partnering approach
LESS ADVERSARIAL
Aims to minimise disputes through flexibility, clarity and good management
Includes BIM
LARGE INFRASTRUCTURE PROJECTS
NEC
Stand alone contract for Landscape or part of bigger building or infrastructure project
Stand alone contract for 'Aftercare' (maintenance) of existing or new landscape (3-5 years required)
Sectional completion and 'defects date' - second half on retention at defects date.
'Works Information' = drawings and spec
Range of payment options
Z-clause to modify for Landscape if needed
JCT - Joint Contracts Tribunal
BUILDING FOCUS PROJECTS
Suite of contracts - JCT Intermediate / JCT Minor Works
Variations include - with / or without quantities, phased completion, nominated sub-contractors
CLAIMS are DISPUTED at the END
JCLI - Joint Council for Landscape Industries
Hard and soft landscape projects
SUITE
LANDSCAPE WORKS CONTRACT
LANDSCAPE MAINTENANCE WORKS CONTRACT
LANDSCAPE WORKS WITH CONTRACTORS DESIGN
LANDSCAPE CONTRACT FOR HOME OWNERS
Similar to JCT Minor Works
Contractor only responsible for making good defects post Practical Completion if responsible for maintenance of Softworks
Landscape Architect is CONTRACT ADMINISTRATOR
TYPICAL CONTRACT CONTENTS
Definitions and Interpretation
Carrying Out the Works
Control of Works
Control of Works
Payment
Injury, Damage and Insurance
Termination
Settlement of Disputes
SUBCONTRACTS
NOMINATED SUBCONTRACTOR
NOT COMMONLY USED
Main Contractor can not claim EOT
Client can not claim for Liquidated or Ascertained Damages if delay
DOMESTIC SUBCONTRACTOR
MAIN CONTRACTOR RESPONSIBLE for works and payment
SUB-CONTRACTOR listed in TENDER
NAMED SUBCONTRACTOR
Subcontractor NAMED in SPECIFICATION
MAIN CONTRACTOR and SUBCONTRACTOR CONTRACT
MAIN CONTRACTOR has right to OBJECT to NAMED SUBCONTRACTOR
Must be NO MORE or LESS ONEROUS than the binding CONTRACT between MAIN CONTRACTOR AND CLIENT