Q. I am about to instruct a builder to carry out major works to a property which I own. My architect has suggested that I get the builder to enter into a construction contract setting out all of the agreed terms. Do you agree this is sensible?
A. Minor building works can, and often are, carried out without formal written contracts. However, here you describe the works as "major works" and therefore it would be sensible to enter into a properly prepared contract as this will help to avoid conflict and disputes at a later stage. There are a number of standard forms of contract for use in the construction industry and you should choose one which is appropriate to the size, cost and complexity of your project.
It is also vital that the contract is administered effectively to ensure that the works are carried out in full compliance with the specifications set out in the contract. Given the technical nature of a construction contract, we would recommend that you consider appointing your architect (or some other professional consultant) to project manage the works for you to ensure your interests are fully protected.
Finally, unless you have already done so, you should also remember to formally appoint your architect. This is done via a letter of appointment (which your architect will be able to provide) and this will deal with, amongst other things, the limits of the architect's liability and the level of insurance maintained. If you require any assistance with either the construction contract or the architect's letter of appointment please do not hesitate to contact us further.
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Patterson, Glenton & Stracey Solicitors: Guided by Logic.
