Refurb & Maintenance - which contract?

COURSE BACKGROUND

This RECENTLY UP-DATED 1 DAY COURSE will consider tendering procedures, contractual arrangements and the latest Standard Forms of Contract to meet varying needs for small to medium sized schemes, together with those of a refurbishment or maintenance nature.

SPEAKERS’ PANEL

The speaker for each course will be from a panel of Scott Milner, Peter Ormston and Michael Rowlinson

OVERVIEW

Review of legal principles of building contracts

• What is a contract? Offer, acceptance, counter-offer

• Types of contractual arrangements

• The risk of the unforeseen/unknown

• The allocation of risk between the parties

• Essential conditions; procedural matters

• Letters of intent

• Standard and non-standard forms – advantages and disadvantages

Avoiding problems

• Documentation and procedures

• Amending Standard Forms of Contract

• Non-standard contracts

• Inviting tenders

• Clarifying the work and obligations

• Procedures and consideration; preparing the documentation

• Setting up the Contract

• Qualified Tenders

• Setting the scope and time

Standard forms of contract appropriate for refurbishment and small works

• Overview of the forms available and their use; JCT Minor Works Building Contract (MW) 2005; JCT Intermediate Building Contract (IC) 2005; JCT Prime Cost Building Contract 2006; JCT Repair and Maintenance Contract 2006; NEC3 Short Contract

• Choosing the right form – criteria and problems

JCT Minor Works Building Contract (MW) 2005

• Use and applicability

• Advantages/disadvantages of Form

• Content and preparation

JCT Intermediate Building Contract (IC) 2005

• Use and applicability

• Advantages/disadvantages of Form

• Content and preparation

Design by contractor

• Incorporating design into refurbishment and small/medium works contracts

• JCT Minor Works Building Contract with Contractor’s Design (MWD), 2005

• JCT Intermediate Building Contract with Contractor’s Design (ICD), 2005

• Problems and pitfalls

JCT Prime Cost Building Contract

• Review of the form, use and applicability; problems and pitfalls

• Advantages/disadvantages of the Form

• Provisions dealing with time and money

JCT Repair and Maintenance Contract

• Consider use and applicability

• Problems/benefits of short forms

• Express/implied terms

NEC3 Short Contract

• Preparing the documentation

• Contract documents

• The Tender procedures

• Allocation of risk between the Parties

• Administering the Contract

Term Contracts (JCT, NEC + TPC)

• JCT Measured Term

• TPC 2005

• NEC Term Service Contract and Short Term Service Contract

• Information for tenderers

• Obtaining tenders

• Establishing procedures

• Term contracts

• Risks of the unknown – location, quality, scope, content etc

The New Construction Act

Brief Review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication p