Construction contract particulars
The contract particulars in a construction contract (or appointment agreement) set out the aspects of the contract that are particular to the project to which the contract relates. They are commonly found in standard forms of contract and are used to set out details that are at the discretion of the contracting parties, or identify the options that will be used from within the contract conditions, but without altering the overall intention of the contract clauses. Amending the conditions themselves might have unintended consequences.
These project-specific details are sometimes found in appendices to contracts, but are now commonly entered in a ‘contract particulars’ section at the beginning.
It is very important that the details in the contract particulars are filled in carefully, and the implications properly understood.
The nature and extent of the contract particulars will depend on the type and complexity of the agreement being entered into, however, they might include:
- The contract sum.
- The retention percentage.
- The interim payment period.
- Requirement for collaborative working.
- Requirement for early warning notification.
- Addresses for servicing notices.
- Nominees for negotiations.
- The details of the adjudicator / arbitrator or appointing body.
- Third party rights and collateral warranties.
- The contract base date.
- The completion date (or sectional completion dates).
- Details of key personnel.
- The date for possession.
- The maximum permitted period for the deferment of possession.
- Notice to proceed provisions (management contract)
- The amount of liquidated damages.
- The length of the defects liability period (or rectification period).
- The duration of the CDM planning period.
- Insurance requirements.
- Requirement to comply with the joint fire code.
- Net contribution clauses for sub-contractors.
- Permitted period for suspension of the works before the contract can be terminated.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Appointing consultants.
- Causes of construction disputes.
- Construction contract.
- Contract claims.
- Contract conditions.
- Housing Grants Construction and Regeneration Act.
- JCT.
- Modifying clauses in standard forms of construction contract.
- Procurement route.
- Scheme for Construction Contracts.
- Sub-contract.
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