How to appoint a contractor - Revision history

Designing Buildings at 07:03, 5 November 2020

2020-11-05T07:03:37Z

← Older revision		Revision as of 07:03, 5 November 2020
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	See Contracts under seal v under hand for more information.		See Contracts under seal v under hand for more information.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Construction contract.		* Construction contract.
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	* Tender process.		* Tender process.

−	[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Procurement]]	+	[[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Procurement]]

Designing Buildings at 12:21, 17 June 2017

2017-06-17T12:21:05Z

← Older revision		Revision as of 12:21, 17 June 2017
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	Typically, the contract administrator (or sometimes the cost consultant) will collate the contract documents on behalf of the client and arrange for the printing and execution of two copies, one for the client and one for the contractor. Alternatively, the client might retain one executed contract, with certified copies being issued to the contractor, this can avoid potential errors in preparing two contracts for execution.		Typically, the contract administrator (or sometimes the cost consultant) will collate the contract documents on behalf of the client and arrange for the printing and execution of two copies, one for the client and one for the contractor. Alternatively, the client might retain one executed contract, with certified copies being issued to the contractor, this can avoid potential errors in preparing two contracts for execution.

−	~~As part of this process,~~ the contractor may be required to provide a performance bond, warranties, evidence of insurance cover and so on.	+	It is vital to ensure that the contract uses the correct legal names for the contracting parties. This is not always as straight-forward as it sounds, and errors can render contracts unenforceable.
		+
		+	See for example:
		+
		+	* Genesis Housing Association Limited v Liberty Syndicate Management Limited.
		+	* Derek Hodd Limited v Climate Change Capital Limited.
		+	* Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd.
		+
		+	The contractor may also be required to provide a performance bond, warranties, evidence of insurance cover and so on.

	Contract award and contract execution may not necessarily happen at the same time. In fact it is relatively common (although not advisable) for contracts to remain unsigned until well after work has begun.		Contract award and contract execution may not necessarily happen at the same time. In fact it is relatively common (although not advisable) for contracts to remain unsigned until well after work has begun.

Designing Buildings at 12:16, 17 June 2017

2017-06-17T12:16:31Z

← Older revision		Revision as of 12:16, 17 June 2017
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	= Introduction =		= Introduction =

−	Contractors are organisations appointed by clients (or employers) to carry out construction works. This role is vital to the success of a project, and so great care should be taken to ensure an appropriate contractor is selected. This may involve seeking advice from consultants if the client is inexperienced.	+	Contractors are organisations appointed by clients (sometimes referred to as employers) to carry out construction works. This role is vital to the success of a project, and so great care should be taken to ensure an appropriate contractor is selected. This may involve seeking advice from consultants if the client is inexperienced.

	In the construction industry, the process of selecting a contractor is generally referred to as ‘tendering’ and involves preparing tender documents that describe the project, and then inviting tender submissions from prospective contractors from which as selection can be made.		In the construction industry, the process of selecting a contractor is generally referred to as ‘tendering’ and involves preparing tender documents that describe the project, and then inviting tender submissions from prospective contractors from which as selection can be made.

−	This article describes ~~in general a~~ process commonly followed for appointing the contractor after they have been selected. Other processes may be used on certain types of projects, such as Private Finance Initiative (PFI) projects.	+	This article describes the process commonly followed for appointing the contractor after they have been selected. Other processes may be used on certain types of projects, such as Private Finance Initiative (PFI) projects.

	* For information about how to put together a list of potential contractors see: How to find a contractor.		* For information about how to put together a list of potential contractors see: How to find a contractor.
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	All tenderers should be informed of the decision to award the contract to a particular tenderer.		All tenderers should be informed of the decision to award the contract to a particular tenderer.

−	If OJEU procedures are being followed, it may be necessary to publish a formal contract award notice ~~once the successful tenderer has been selected~~. A ‘standstill period’ may ~~then~~ be required. This is a pause of at least 10 calendar days between the decision being notified to all tenderers and the final contract conclusion. This allows for suppliers to challenge the decision.	+	If OJEU procedures are being followed, it may be necessary to publish a formal contract award notice. A ‘standstill period’ may also be required. This is a pause of at least 10 calendar days between the decision being notified to all tenderers and the final contract conclusion. This allows for suppliers to challenge the decision.

−	= Contract ~~engossment~~ =	+	= Contract engrossment =

−	Contract engrossment is the process of preparing the final agreed form of a contract and its schedules and appendices so that it can be executed (signed)~~. Historically, this may have involved hand-writing the contract on thick paper and having it bound. Today it is more likely to be printed and then bound~~.	+	Contract engrossment is the process of preparing the final agreed form of contract and its schedules and appendices so that it can be executed (signed).

−	~~The~~ contract administrator (or sometimes the cost consultant) ~~then collates~~ the contract documents and ~~arranges~~ for the printing ~~(engrossment)~~ and execution of two copies, one for the client and one for the ~~supplier~~. Alternatively, the client might retain one executed contract, with certified copies being issued to the ~~supplier~~, this can avoid potential errors in preparing two contracts for execution. ~~The supplier~~ may be required to provide a performance bond, warranties, evidence of insurance cover and so on.	+	Typically, the contract administrator (or sometimes the cost consultant) will collate the contract documents on behalf of the client and arrange for the printing and execution of two copies, one for the client and one for the contractor. Alternatively, the client might retain one executed contract, with certified copies being issued to the contractor, this can avoid potential errors in preparing two contracts for execution.
		+
		+	As part of this process, the contractor may be required to provide a performance bond, warranties, evidence of insurance cover and so on.

	Contract award and contract execution may not necessarily happen at the same time. In fact it is relatively common (although not advisable) for contracts to remain unsigned until well after work has begun.		Contract award and contract execution may not necessarily happen at the same time. In fact it is relatively common (although not advisable) for contracts to remain unsigned until well after work has begun.

−	Contracts may be executed under seal (signed by the parties, witnessed and most importantly made clear that they are executed as a deed) or under hand (a 'simple contract' that is just signed by the parties). See Contracts under seal v under hand for more information.	+	Contracts may be executed under seal (signed by the parties, witnessed and most importantly made clear that they are executed as a deed) or under hand (a 'simple contract' that is just signed by the parties).
		+
		+	Simple contracts and contracts under seal have different limitation periods. An action founded on simple contract cannot be brought after six years from the date on which the cause of the action accrued. The limitation period for a contract under seal is 12 years. In addition, unlike a simple contract, a contract under seal does not have to be supported by valuable consideration (payment).
		+
		+	See Contracts under seal v under hand for more information.

	= Find out more =		= Find out more =

Designing Buildings at 12:07, 17 June 2017

2017-06-17T12:07:12Z

← Older revision		Revision as of 12:07, 17 June 2017
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	= Introduction =		= Introduction =

−	~~A contractor is an~~ organisations appointed by ~~a client~~ to carry out construction works. This role is vital to the success of a project, and so great care should be taken to ensure an appropriate contractor is selected. This may involve seeking advice from consultants if the client is inexperienced.	+	Contractors are organisations appointed by clients (or employers) to carry out construction works. This role is vital to the success of a project, and so great care should be taken to ensure an appropriate contractor is selected. This may involve seeking advice from consultants if the client is inexperienced.

−	In the construction industry, the process of selecting a contractor is generally referred to as ‘tendering’ and involves preparing tender documents ~~describing~~ the project, and then inviting tender submissions from prospective contractors from which as selection can be made.	+	In the construction industry, the process of selecting a contractor is generally referred to as ‘tendering’ and involves preparing tender documents that describe the project, and then inviting tender submissions from prospective contractors from which as selection can be made.

	This article describes in general a process commonly followed for appointing the contractor after they have been selected. Other processes may be used on certain types of projects, such as Private Finance Initiative (PFI) projects.		This article describes in general a process commonly followed for appointing the contractor after they have been selected. Other processes may be used on certain types of projects, such as Private Finance Initiative (PFI) projects.

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2017-06-17T11:41:56Z

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= Introduction =

A contractor is an organisations appointed by a client to carry out construction works. This role is vital to the success of a project, and so great care should be taken to ensure an appropriate contractor is selected. This may involve seeking advice from consultants if the client is inexperienced.

In the construction industry, the process of selecting a contractor is generally referred to as ‘tendering’ and involves preparing tender documents describing the project, and then inviting tender submissions from prospective contractors from which as selection can be made.

This article describes in general a process commonly followed for appointing the contractor after they have been selected. Other processes may be used on certain types of projects, such as Private Finance Initiative (PFI) projects.

* For information about how to put together a list of potential contractors see: How to find a contractor.
* For information about selecting a contractor from a list of potential contractors see: How to select a contractor.

= Contract award =

All tenderers should be informed of the decision to award the contract to a particular tenderer.

If OJEU procedures are being followed, it may be necessary to publish a formal contract award notice once the successful tenderer has been selected. A ‘standstill period’ may then be required. This is a pause of at least 10 calendar days between the decision being notified to all tenderers and the final contract conclusion. This allows for suppliers to challenge the decision.

= Contract engossment =

Contract engrossment is the process of preparing the final agreed form of a contract and its schedules and appendices so that it can be executed (signed). Historically, this may have involved hand-writing the contract on thick paper and having it bound. Today it is more likely to be printed and then bound.

The contract administrator (or sometimes the cost consultant) then collates the contract documents and arranges for the printing (engrossment) and execution of two copies, one for the client and one for the supplier. Alternatively, the client might retain one executed contract, with certified copies being issued to the supplier, this can avoid potential errors in preparing two contracts for execution. The supplier may be required to provide a performance bond, warranties, evidence of insurance cover and so on.

Contract award and contract execution may not necessarily happen at the same time. In fact it is relatively common (although not advisable) for contracts to remain unsigned until well after work has begun.

Contracts may be executed under seal (signed by the parties, witnessed and most importantly made clear that they are executed as a deed) or under hand (a 'simple contract' that is just signed by the parties). See Contracts under seal v under hand for more information.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Construction contract.
* Contract award.
* Contract documentation.
* Contract engrossment.
* Contract negotiation.
* Contracts under seal v under hand.
* How to find a contractor.
* How to select a contractor.
* Procurement route.
* Project plans for building design and construction.
* Tender documents.
* Tender process.

[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Procurement]]