Relevant matters in construction contracts

2023-08-23T20:33:12Z

Cagriabdullah:

Relevant matters are referred to in some construction contracts, such as JCT contracts. A relevant matter is a matter for which the client is responsible that materially affects the progress of the works. This may enable the contractor to claim direct loss and / or expense that has been incurred. Relevant matters might include:

* Failure to give the contractor possession of the site.
* Failure to give the contractor access to and from the site.
* Delays in receiving instructions.
* Opening up works or testing works that then prove to have been carried out in accordance with the contract.
* Discrepancies in the contract documents.
* Disruption caused by works being carried out by the client.
* Failure by the client to supply goods or materials.
* Instructions relating to variations and expenditure of provisional sums.
* Inaccurate forecasting of works described by approximate quantities.
* Issues relating to CDM.

Relevant matters should not be confused with relevant events. A relevant event is an event that causes a delay to the completion date, which is caused by the client, or is a neutral event not caused by either party. Relevant events entitle the contractor to claim an extension of time; that is for the completion date to be moved. A relevant event does not necessarily entitle the contractor to claim loss and expense. Similarly, a relevant matter need not necessarily result in a delay to the completion date, and so may not always entitle the contractor to an extension of time.

NEC contracts deal with these issues under the single heading ‘compensation events’. They do not treat compensation events as an allocation of blame, but rather an allocation of risk. Any risk that is not specifically identified as being attributed to the client is borne by the contractor.

The Society of Construction Law Delay and Disruption Protocol, 2nd edition, refers to an event or cause of delay or disruption which under the contract is at the risk and responsibility of the employer, as an 'employer risk event'.

= Related articles on Designing Buildings Wiki =

* Compensation event.
* Consideration.
* Delays on construction projects.
* Extension of time.
* Liquidated damages.
* Loss and expense.
* Provisional sum.
* Relevant event.
* Relevant event v relevant matter.

= External References =

* [https://liongate.build/construction-contracts/jct/claiming-loss-and-expense-under-jct/ Claiming Loss and Expense Under JCT Contracts]

[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]

Construction Management Plan

2023-04-22T21:21:15Z

Cagriabdullah: Created page with "= Introduction = Construction management plan (CMP) is a document which outlines the project information and mitigations to minimise the impact to neighbourhood and environment...."

= Introduction =

Construction management plan (CMP) is a document which outlines the project information and mitigations to minimise the impact to neighbourhood and environment. The CMPs are mostly required by the UK councils during the planning application phase.

= Purpose =

The purpose of a construction management plan is typically to:

* Determine project information such as scope, location etc.
* Ensure that the construction process will be compliant with current UK HSE and other relevant legislations.
* Determine the site management procedures and strategies
* Ensure that any adverse effects are minimised during construction (for neighbourhood and environment)
* Describe any site-specific method statements required (such as piling, underpinning, demolition etc, if there is any)

= Outline plan =

Some UK Councils have their own CMP templates and they require to use their CMP templates for the planning submissions. However, most of the councils do not require specific templates and a typical CMP may follow the below structure.

Introduction

* Planning reference number (if there is any)
* Site address
* Project scope and overview
* Site description

Site Operations:

* Organisation chart
* Development site layout and welfare arrangements
* Site visitors arrangements
* Managing materials, site storage, and good housekeeping
* Site security
* Working hours
* Deliveries and transport of materials, plant, and equipment to site

Community Liaisons:

* Community Liaison procedures
* Display board information
* Contact information of site responsible
* Complaint management procedure
* Licences and agreements (such as skip licence, hoarding licence, party wall agreements)

Mitigations to Minimise the Impacts

* Site traffic management
* Noise management
* Vibration management
* Dust management
* Air quality management
* Mud management
* Waste management

= Related articles on Designing Buildings Wiki =

* [[Construction_environmental_management_plan|Construction environmental management plan]]
* [[Control_of_noise_at_work_regulations_2005|Control of noise at work regulations 2005]]
* [[Construction_dust|Construction dust]]
* [[Site_waste_management_plan|Site waste management plan]]
* [[Road_traffic_management|Road traffic management]]

= External references =

* [https://constructionmanagementplan.co.uk/what-is-a-construction-management-plan/ What is a Construction Management Plan]
* [https://liongate.build/cmp/construction-management-plan-template/ Construction Management Plan Template]

[[Category:Definitions]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Planning_permission]] [[Category:Policy]] [[Category:Regulations]] [[Category:Sustainability]] [[Category:Construction_management]]

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Relevant matters in construction contracts

Construction Management Plan