Back-to-back provisions in construction contacts - Revision history

Designing Buildings at 10:16, 3 July 2024

2024-07-03T10:16:53Z

← Older revision		Revision as of 10:16, 3 July 2024
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	The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.		The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Building Users' Insurance Against Latent Defects.		* Building Users' Insurance Against Latent Defects.

190.233.160.169: Undo revision 237522 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

2022-08-25T13:57:32Z

Undo revision 237522 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

← Older revision		Revision as of 13:57, 25 August 2022
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	In its strictest form, back-to-back refers not just to the replication of contractual rights and obligations in different levels of contract, but to a requirement that the terms of agreement at one level are included in agreements at lower levels.		In its strictest form, back-to-back refers not just to the replication of contractual rights and obligations in different levels of contract, but to a requirement that the terms of agreement at one level are included in agreements at lower levels.

−	This is a very complex process that re	+	This is a very complex process that requires careful consideration and drafting to ensure the correct terms - and only those terms - are passed on, that they are phrased appropriately and that requirements, and in particular timings, are properly co-ordinated.

−	* Drafting bespoke sub-~~contracts that reflect the rights and obligations in the main contract. While the end result is neater and si~~	+	Back-to-back provisions can be created by:

		+	* Including reference to terms in the main contract to be included, excluded or varied in a sub-contract. This requires very careful checking as it can be difficult to identify every clause that is relevant and it results in a need to cross-reference between agreements; it also requires that sub-contractors have access to higher tier contracts.
		+	* Drafting bespoke sub-contracts that reflect the rights and obligations in the main contract. While the end result is neater and simpler to understand than referencing, equal care needs to be taken in drafting.
		+	* Using standard form contracts that already include back-to-back provisions in main contracts and sub-contracts.
		+
		+	Key aspects of construction contracts that might require back-to-back provisions include:
		+
		+	* Key dates, notification periods and other time-related procedures. For example, claims can fail if the timing of the sub-contract claims procedure does not give the main contractor sufficient time to make a claim themselves.
		+	* Enforcement of dispute resolution findings and the right to participate in proceedings.
		+	* A requirement that valid claims must be passed on.
		+	* Allocation of liability for liquidated damages.
		+	* Entitlement to extensions of time.
		+	* Entitlement to loss and expense.
		+	* Information and reporting requirements.
		+	* The definition of completion.
		+	* Obligations to achieve a certain quality and to comply with certain standards.
		+	* Indemnities.
		+	* Collateral warranties.
		+	* Suspension and termination rights.
		+	* Design responsibilities.
	* Transfer of copyright.		* Transfer of copyright.

		+	The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.
		+
		+	= Related articles on Designing Buildings Wiki =
		+
		+	* Building Users' Insurance Against Latent Defects.
		+	* Collateral warranties.
		+	* Concession Contracts Regulations.
		+	* Construction contracts.
		+	* Contra charges.
		+	* Flow-down term.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.		* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.
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	* Z clauses.		* Z clauses.

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

190.233.160.169 at 13:56, 25 August 2022

2022-08-25T13:56:51Z

← Older revision		Revision as of 13:56, 25 August 2022
Line 11:		Line 11:
	In its strictest form, back-to-back refers not just to the replication of contractual rights and obligations in different levels of contract, but to a requirement that the terms of agreement at one level are included in agreements at lower levels.		In its strictest form, back-to-back refers not just to the replication of contractual rights and obligations in different levels of contract, but to a requirement that the terms of agreement at one level are included in agreements at lower levels.

−	This is a very complex process that requires careful consideration and drafting to ensure the correct terms - and only those terms - are passed on, that they are phrased appropriately and that requirements, and in particular timings, are properly co-ordinated.	+	This is a very complex process that re

−	~~Back~~-~~to-back provisions can be created by:~~	+	* Drafting bespoke sub-contracts that reflect the rights and obligations in the main contract. While the end result is neater and si

−	* Including reference to terms in the main contract to be included, excluded or varied in a sub-contract. This requires very careful checking as it can be difficult to identify every clause that is relevant and it results in a need to cross-reference between agreements; it also requires that sub-contractors have access to higher tier contracts.
−	* Drafting bespoke sub-contracts that reflect the rights and obligations in the main contract. While the end result is neater and simpler to understand than referencing, equal care needs to be taken in drafting.
−	* Using standard form contracts that already include back-to-back provisions in main contracts and sub-contracts.
−
−	~~Key aspects of construction contracts that might require back-to-back provisions include:~~
−
−	* Key dates, notification periods and other time-related procedures. For example, claims can fail if the timing of the sub-contract claims procedure does not give the main contractor sufficient time to make a claim themselves.
−	* Enforcement of dispute resolution findings and the right to participate in proceedings.
−	* A requirement that valid claims must be passed on.
−	* Allocation of liability for liquidated damages.
−	* Entitlement to extensions of time.
−	* Entitlement to loss and expense.
−	* Information and reporting requirements.
−	* The definition of completion.
−	* Obligations to achieve a certain quality and to comply with certain standards.
−	* Indemnities.
−	* Collateral warranties.
−	* Suspension and termination rights.
−	* Design responsibilities.
	* Transfer of copyright.		* Transfer of copyright.

−	The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.
−
−	~~= Related articles on Designing Buildings Wiki =~~
−
−	* Building Users' Insurance Against Latent Defects.
−	* Collateral warranties.
−	* Concession Contracts Regulations.
−	* Construction contracts.
−	* Contra charges.
−	* Flow-down term.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.		* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.
Line 54:		Line 25:
	* Z clauses.		* Z clauses.

−	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings: Reverted edits by 88.140.182.63 (talk) to last revision by Designing Buildings

2021-10-01T05:06:27Z

Reverted edits by 88.140.182.63 (talk) to last revision by Designing Buildings

← Older revision		Revision as of 05:06, 1 October 2021
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	* Z clauses.		* Z clauses.

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

88.140.182.63 at 22:31, 30 September 2021

2021-09-30T22:31:10Z

← Older revision		Revision as of 22:31, 30 September 2021
Line 54:		Line 54:
	* Z clauses.		* Z clauses.

−	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 08:40, 29 September 2021

2021-09-29T08:40:52Z

← Older revision		Revision as of 08:40, 29 September 2021
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	* Construction contracts.		* Construction contracts.
	* Contra charges.		* Contra charges.
		+	* Flow-down term.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.		* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others.
		+	* Pay when paid.
	* Proprietary information.		* Proprietary information.
	* Sub-consultants.		* Sub-consultants.

Designing Buildings at 11:51, 15 September 2020

2020-09-15T11:51:15Z

← Older revision		Revision as of 11:51, 15 September 2020
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	\| [[File:Contract.jpg\|link=File:Contract.jpg]]		\| [[File:Contract.jpg\|link=File:Contract.jpg]]
	\|}		\|}
−
−	~~= Outline =~~

	The term ‘back-to-back’ refers to the replication of contractual terms through the supply chain.		The term ‘back-to-back’ refers to the replication of contractual terms through the supply chain.
Line 15:		Line 13:
	This is a very complex process that requires careful consideration and drafting to ensure the correct terms - and only those terms - are passed on, that they are phrased appropriately and that requirements, and in particular timings, are properly co-ordinated.		This is a very complex process that requires careful consideration and drafting to ensure the correct terms - and only those terms - are passed on, that they are phrased appropriately and that requirements, and in particular timings, are properly co-ordinated.

−	~~===~~ Back-to-back provisions can be created by: ~~===~~	+	Back-to-back provisions can be created by:

	* Including reference to terms in the main contract to be included, excluded or varied in a sub-contract. This requires very careful checking as it can be difficult to identify every clause that is relevant and it results in a need to cross-reference between agreements; it also requires that sub-contractors have access to higher tier contracts.		* Including reference to terms in the main contract to be included, excluded or varied in a sub-contract. This requires very careful checking as it can be difficult to identify every clause that is relevant and it results in a need to cross-reference between agreements; it also requires that sub-contractors have access to higher tier contracts.
Line 21:		Line 19:
	* Using standard form contracts that already include back-to-back provisions in main contracts and sub-contracts.		* Using standard form contracts that already include back-to-back provisions in main contracts and sub-contracts.

−	~~===~~ Key aspects of construction contracts that might require back-to-back provisions include: ~~===~~	+	Key aspects of construction contracts that might require back-to-back provisions include:

	* Key dates, notification periods and other time-related procedures. For example, claims can fail if the timing of the sub-contract claims procedure does not give the main contractor sufficient time to make a claim themselves.		* Key dates, notification periods and other time-related procedures. For example, claims can fail if the timing of the sub-contract claims procedure does not give the main contractor sufficient time to make a claim themselves.
Line 37:		Line 35:
	* Design responsibilities.		* Design responsibilities.
	* Transfer of copyright.		* Transfer of copyright.
−
−	~~= End note =~~

	The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.		The Housing Grants Construction and Regeneration Act prevents the inclusion of pay-when-paid or pay-when-certified clauses, and the release of retention (i.e retention monies) cannot be prevented by conditions within another contract.
Line 56:		Line 52:
	* Z clauses.		* Z clauses.

−	[[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 17:08, 8 July 2019

2019-07-08T17:08:07Z

← Older revision		Revision as of 17:08, 8 July 2019
Line 46:		Line 46:
	* Building Users' Insurance Against Latent Defects.		* Building Users' Insurance Against Latent Defects.
	* Collateral warranties.		* Collateral warranties.
		+	* Concession Contracts Regulations.
	* Construction contracts.		* Construction contracts.
	* Contra charges.		* Contra charges.

Editor: moved Back to back provisions in construction contacts to Back-to-back provisions in construction contacts over redirect: Hyphens missing in original

2019-05-07T11:15:09Z

moved Back to back provisions in construction contacts to Back-to-back provisions in construction contacts over redirect: Hyphens missing in original

← Older revision

Revision as of 11:15, 7 May 2019

Editor at 11:13, 7 May 2019

2019-05-07T11:13:59Z

← Older revision		Revision as of 11:13, 7 May 2019
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	{\|		{\|
−	\| [[File:Contract.jpg]]	+	\| [[File:Contract.jpg\|link=File:Contract.jpg]]
	\|}		\|}