Comprehensive Amendments to SBCC 2016 Standard Building Contract (Without Quantities) for Scotland: Design Liability, Third-Party Agreements, Insurance, Bonds, Collateral Warranties, Payment, Retention, Fluctuations, Dispute Resolution and Insolvency

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Precedents

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 evidence.
Payment and disputes: 28‑day payment; no profit on omissions; retention with Employer; no fluctuations; stricter proof; adjudication final; expanded insolvency/termination; selected Schedules not used.

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Web page updated on 22/05/2026

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