What does Building Contract mean? A building contract is the agreement under which an employer engages a contractor to carry out and complete building works, often called the main contract where subcontractors are appointed. The term is descriptive rather than statutory, but most building contracts fall within legislation on “construction contracts” (England & Wales and Scotland: Housing Grants, Construction and Regeneration Act 1996, as amended; Northern Ireland: Construction Contracts (Northern Ireland) Order 1997; Ireland: Construction Contracts Act 2013), particularly for payment and adjudication. Typical features include: scope and specification of the works; allocation of design responsibility; price and payment (lump sum, measurement, cost-reimbursable...
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This Practice Note reviews the SBCC standard forms and highlights how they differ from JCT contracts. The Scottish Building Contract Committee’s strategy is to keep arrangements as consistent across the UK as possible, adopting JCT formats wherever feasible. Nonetheless, Scotland’s distinct legal system means certain differences in treatment remain.
Accordingly, the SBCC editions adjust the JCT wording to reflect Scots law and terminology, without shifting the risk allocation or, in general, introducing other substantive changes. They mirror JCT colour bands, section titles and clause numeration and, where practicable, retain JCT naming conventions and dates.
The SBCC suite is now issued as a single consolidated document, removing the need—unlike the former JCT 80 and 98 arrangements—to read a separate Scottish supplement alongside the JCT form. The 2016 suite appeared in two stages:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...