As a small project architect I often get to tender with contractors who have never used an architect led contract before. This doesn’t mean that they are bad people, they just work on direct to client agreements using their own payment and quality terms. If you come from big practice you might be surprised, but there is a lot of really beautiful work being done by great builders with no legal training.
I had a tender meeting recently with a local contractor with glowing references and, as I was explaining the contract terms, I could feel that he was not comfortable finding out about the contract from the client’s representative at the contract signing. This is not the time to learn about contract. So what I have done is write my own short guide to the contract which I like to use, the JCT Minor Works 2011. It’s a beautiful thing. There are plenty of books about it out there, but my contractors are the kind that have to pick up the boys in the van on the way to site, not the ones with in house QS’s.
If you are a contractor reading this, when was the last time that you did something extra that the client had asked for, as a favour, and then get into trouble because the project ran over? Or your client was unhappy because they remembered your payment terms in a way that was… different? Using a JCT contract imposes responsibilities on both parties (the main ones being that you promise to do the work and the Employer promises to pay you), but these are set out fairly in clear terms. Sadly, when things go really wrong, do you think that your “green print” is binding in the small claims or construction court?
You might not know that even if the project is not architect designed, you can ask an architect to act as contract administrator for the project to ensure that the payments and progress are properly controlled. You can buy a copy of the contract from the RICS website, it’s less than £30.
Here’s my guide to the JCT Minor Works contract for contractors using it for the first time, in forever.