RIBA Concise Building Contract 2018
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Fullyrevised and updated, the RIBA Concise Building Contract is specificallydesigned to be a simple, clear and easy to understand and use contract betweena client and a contractor, and can be used on all types of simple commercialbuilding work. It can be used in both the private and public sectors, as itincludes optional provisions dealing with official secrets, transparency,discrimination and bribery as normally required by public sector clients. KeybenefitsWrittenin plain English that is succinct and easy to understandFairand equitable terms for all partiesFacilitatesgood management of the...
Fullyrevised and updated, the RIBA Concise Building Contract is specificallydesigned to be a simple, clear and easy to understand and use contract betweena client and a contractor, and can be used on all types of simple commercialbuilding work. It can be used in both the private and public sectors, as itincludes optional provisions dealing with official secrets, transparency,discrimination and bribery as normally required by public sector clients. KeybenefitsWrittenin plain English that is succinct and easy to understandFairand equitable terms for all partiesFacilitatesgood management of the project from start to completionAllowseffective collaboration between the employer and contractorGivescontrol over the timely completion of the building projectAllowsthe contractor to design parts of the building project Other featuresCollaborationprovisions: advance warnings, joint resolution of delay, proposals forimprovements and cost savingsManagementprovisions: pre-start meeting and progress meetingsFlexiblepayment optionsProvisionfor contractor design, with 'fit for purpose' liability optionOptionalprovisions for a contractor programmeOptionalprovisions for client-selected suppliers and sub-contractorsMechanismsfor dealing with changes to the project which allow for agreement and includespecified timescalesOptionfor commencement and completion in stagesGuidancenotes on use and completion are included. Key changes in the 2018 edition:The contract has been fully updated to comply with the CDM Regulations 2015. The Guidance Notes include detailed advice for clients with regards to theirparticular duties under the Regulations. The guidance on Insurance and Insuring the Works has been expanded and is clearerand easier to understand. Further explanation is given on the process forensuring that adequate insurance is obtained and the importance of notifyingthe property's building and contents insurer if the work is to an existingbuilding. Emphasis is given to the need for whoever takes out the insurance toprovide written confirmation of the extent of cover provided in respect of theworks. The Consents,Fees and Charges item has been expanded so that it now clearly states whatregulatory and statutory consents, fees and charges need to be obtained and whois taking on the ether the responsibility for obtaining and paying for them,either the client or the contractor. The guidance on Dispute Resolution has been expanded but also simplified. Adjudicationis still the default option, as the parties to the contract are legally obligedto have access to this method for resolving their dispute, however, thecontract advocates that the parties to the contract choose mediation as an initialstep in the process, as mediation can be less expensive than other methods, andis therefore encouraged by the courts. The Programmeoptional item has been simplified. The contract have retained the requirementfor a contractor to indicate the activities they will carry out to complete theworks, including the start and finish times of each activity and therelationship of each activity to the others. However, the obligation on the contractorto submit a Programme prior to the commencement of the works, and any financialpenalties for not doing so (perceived as too confrontational), have beenremoved. The ContractorDesign optional item has been retained, so that, if it is agreed that the contractoris to design part of the Works, a detailed and accurate description can be providedof the parts that the contractor will design. However, this optional item nowalso allows a level of professional indemnity insurance to be specified. The RequiredSpecialists optional item has been amended so that while clients can stillrequest that specific subcontractors and suppliers be used for parts of theWorks, details of those parts of the works are now to be identified at thetender stage and listed in the Contract Documents. The contract now includes a Contract Checklist which both parties should review and answer'yes' to the questions provided before signing the contract. This is to ensurethat the client is fully aware of what they are agreeing to, that all of theappropriate documents and information has been provided and that all of theprovisions - such as: scope of the works; start and completion dates of theworks; contract price; payment of fees; access to the site and working hours;insurance; and the process for dispute resolution - have been adequately completed. Easy to understandThe RIBA Concise Building Contract is written in plain English, whichprovides three key benefits:the language used in the contract is simple andeasy to understand, compared to other standard forms of contracts; the clause structure used in the contract avoidsthe use of large numbers of sub-sub clauses and too much cross-referencingbetween provisions; andWhere common construction terminology is used,it has been simplified so that less-experienced users can understand it. Copiesrequired for each PartyIt islegally advisable that both parties to the contract each have an originalsigned version. Therefore you should purchase two copies of the contract, sothat both the client and contractor has an original signed copy. Alternatively prepare your contract online enabling you to issue final copies of thecontract to each party at no extra cost. Integration with other RIBAdocumentsThe RIBA Concise Building Contract have been specifically written tointegrate with the RIBA suite of professional services contracts (RIBAAgreements) and the RIBA Plan of Work 2013. Create your RIBA BuildingContract online - it is quick, simple and straightforwardGenerating your building contract online allows you to create, alter,manage and view all of your contracts in one secure location before printingthe final contract. For further details, go to: www.ribacontracts.com.
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