“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
1 High PavementAccess all documents on Contract drawings
Checklist This checklist summarises aspects of the Engineer’s powers and obligations under the FIDIC Red Book 2017 General Conditions of Contract. See also Practice Note: FIDIC contracts 2017-the role of the Engineer. For the 1999 Red Book, refer to Checklist: FIDIC Red Book 1999-Engineer’s duties and authority. Sub-Clause 1.3 The Engineer’s obligation to follow the Notice requirements when giving a formal Notice. Sub-Clause 1.5 The Engineer’s obligation to provide clarification or instruction on the order of precedence of documents after receiving a Notice of ambiguity or discrepancy, or on finding an ambiguity or discrepancy in the documents. Sub-Clause 1.8 provisions The Engineer’s right, during normal working hours (or as otherwise agreed), to access the Contract, the records under Sub-Clause 6.10 [Contractor’s Records] and Sub-Clause 20.2.3 [Contemporary records], the publications named in the Specification, the Contractor’s Documents, the Drawings and Variations, Notices and other communications issued under the Contract. The Engineer’s obligation to give Notice of any error...
This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 1999. For an examination of the Engineer’s role under the FIDIC Red and Yellow Books 1999, and the FIDIC Pink Book 2010, see Practice Note: FIDIC contracts (pre-2017 editions)-the role of the Engineer. For the 2017 edition of the Red Book, consult Checklist: FIDIC Red Book 2017: Engineer’s duties and authority. Sub-Clause 1.5 The Engineer’s obligation to issue clarifications or directions on the precedence of documents. Sub-Clause 1.8 The Engineer’s entitlement to access, at all reasonable times, copies of the Contract, publications cited in the Specification, the Contractor’s Documents (if any), the Drawings and Variations, and other communications issued under the Contract. Sub-Clause 1.9 The Engineer’s obligation to provide required drawings or instructions within a reasonable period. The Engineer’s duty to determine, under Sub-Clause 3.5 and upon the Contractor’s notice, any time or cost arising from a failure to issue such drawings or instructions promptly. Sub-Clause 1.12 The...
Kang and another v Pattar [2021] EWHC 1101 (TCC) What are the practical implications of this case? The outcome was fact-specific, resting largely on the judge’s consistent preference for the defendant’s testimony and the ensuing conclusions about what had been agreed. Even so, the decision offers clear warnings for parties who arrange and run building contracts by word of mouth and only later commit their arrangements to paper: These observations are directed at parties who agree and perform their building contracts orally, and only afterwards put those contracts into writing. where instructions are routinely delivered to a contractor orally and clash with later written terms or design drawings, the contractor is not automatically in breach for following spoken directions rather than subsequent contract documents. If the later documents are meant to oblige the contractor to remove and remake existing work that conflicts with them, the parties must state that expressly whether disputed provisions of an oral building agreement were made will be assessed against...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...
Construction contract pricing structures This Practice Note contrasts the pricing models most often used on construction projects, considering lump sum, remeasurement, prime cost and target cost contracts. Lump sum Also referred to as: Fixed price In brief: the contract sum is settled before any works begin. Features At the outset, employer and contractor agree the total amount payable for the project, prior to commencement. The price is not remeasured as the works proceed, so adequate tender information is essential for accurate pricing. Where the contractor is not responsible for design, pricing is typically based on drawings and: a bill of quantities prepared by a quantity surveyor in line with a published standard method of measurement, listing the work items, labour and materials needed to complete the works. During tendering, the contractor inserts rates against each item in the bills of quantities, and the product of the quantities...
Adjustments to the agreed drawings and specifications are commonplace on substantial construction schemes—see Practice Note: What is a variation on a construction project? Standard form building contracts cater for such changes, and agreements for lease should mirror this. In the agreements for lease context, both sides (that is, landlord and tenant) may wish to alter the intended works. Each will seek to regulate the other’s ability to do so; accordingly, the agreement for lease must set out the mechanism for making variation requests and define the categories or scope of works each party is allowed to change. It should also clarify the nature and extent of works that each party is permitted to vary. This Practice Note considers how an agreement for lease can accommodate variations proposed by both landlord and tenant... Landlords variations The landlord’s building contract with its contractor will usually include powers to issue variation instructions, which may arise from: the landlord changing its approach the architect recognising a design element...
The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...
Schedule of services—M&E Engineer (Design and build procurement) The Consultant shall: General responsibilities (Stages 0–7) Lead and co‑ordinate the Design Team, integrate discipline designs, chair design meetings, manage stage reports, and facilitate Client–team communications. Act as Principal Designer under CDM 2015 and the Building Regulations 2010, or liaise with the appointed Principal Designer to secure safe design practice. Receive Client/Contractor instructions around novation, align deliverables with cost, prepare/review drawings and specifications, and maintain a deliverables schedule. Ensure full design co‑ordination, resolve carry‑over items each stage, advise on Client CDM duties, and collaborate with the BIM Manager. Pre‑novation (Stages 0–4) Undertake site appraisals, risk and viability advice, desk studies, and surveys; develop the brief and responsibility matrix; support cost planning and BIM decisions. Formulate options, outline proposals and utilities strategies; define consultant/specialist or contractor‑designed packages; progress spatial co‑ordination, compliance and energy strategies; provide scheme, technical design and stage reports; support Employer’s Requirements and Building Contract preparation....