builders contract

andrewf75

Hi all,

Have just decided on a builder to do an extension costing around 40k. Verbally agreed, but what is the next stage? Obviously we need to draw up some kind of contract. Should we ask him if he has a standard one? Or should we draw something up?

Never done this before so any pointers much appreciated!

phill99

Typically, small builders use JCT contracts, specifically, the Minor Works Contract.

Have a look here

http://www.jctltd.co.uk

System

the builder should be advising you on this really
phill99 has nailed it tho!

Mark_Mark

the_r_sole wrote: »

the builder should be advising you on this really
phill99 has nailed it tho!

The purpose of a contract is to protect the OP is it not?

Any advice from the builder isn't independent and if he were dodgy would he give honest advice?

System

Mark_Mark wrote: »

The purpose of a contract is to protect the OP is it not?

Any advice from the builder isn't independent and if he were dodgy would he give honest advice?

A contract is there to protect both sides, not just in the interests of one party.
A contract should set out the terms of what is expected from both parties and have notes on how to sort out disputes should any arise.

Obviously a dodgy builder wouldn't advise correctly, or would want to avoid a contract - a good one should use a standard contract on all jobs.

Mark_Mark

the_r_sole wrote: »

A contract is there to protect both sides, not just in the interests of one party.
A contract should set out the terms of what is expected from both parties and have notes on how to sort out disputes should any arise.

Obviously a dodgy builder wouldn't advise correctly, or would want to avoid a contract - a good one should use a standard contract on all jobs.

Should do yes, but does Andrew know what it should include? To be honest he will be more concerned about protecting his own interests.

System

Mark_Mark wrote: »

Should do yes, but does Andrew know what it should include? To be honest he will be more concerned about protecting his own interests.

Well, since you seem to be suggesting that he draws up his own contract biased toward himself, then it's extremely unlikely a builder (dodgy or not) would sign up to that - I'm sure he could read a contract and question any bits he is unsure of, seems easier that writing one...
Also the link to jct stuff is exactly what he needs - as I said before a contract is not there to protect one parties interests - whether you like it or not, that's not the point in a contract, try appointing an engineer using your own contract!

Mark_Mark

the_r_sole wrote: »

Well, since you seem to be suggesting that he draws up his own contract biased toward himself, then it's extremely unlikely a builder (dodgy or not) would sign up to that - I'm sure he could read a contract and question any bits he is unsure of, seems easier that writing one...
Also the link to jct stuff is exactly what he needs - as I said before a contract is not there to protect one parties interests - whether you like it or not, that's not the point in a contract, try appointing an engineer using your own contract!

I did, where did I do that?

Someone here suggested he signs the builders standard contract without even seeing what it contains. Is that good advice?

andrewf75

Right OK so lets move on to what it should contain. He's a very reputable builder so I am sure he'll have a standard contract.

What are the most important things to check?

Mark_Mark

Have a look on the fmb website.

The main thing you want to cover is schedule of works and payment. Including what will happen if he falls behind.

System

Mark_Mark wrote: »

I did, where did I do that?

Someone here suggested he signs the builders standard contract without even seeing what it contains. Is that good advice?

op had asked if they should use a standard contract or draft one themselves, you have advised against using any contract that the builder has supplied - therefore leaving only one option.
And you suggested that a contract supplied by a builder would not have the op's interests in mind - a contract is for both parties, I'm not sure what it is about that you can't seem to fathom...

At no point has anyone suggested signing anything they haven't seen, clearly that would be terrible advice - but telling the op (clearly someone that doesn't know standard contracts) not to trust the builder with a contract is in the same category - I am convinced the op can read, and would read a contract from any source. A lot of builders I know insist on the jct minor works contract and I fully trust them to be able to advise a client on it.

hopefully andrewf75 will ask the builder in the first instance and query any part of the contract they are unsure of