Heads of terms
"Heads of Terms" refers to a non-binding document outlining the key terms and conditions agreed upon by parties before the finalisation of a formal contract. It serves as a preliminary agreement that sets the framework for further negotiations and drafting of the detailed contract.
It summarises the principal points of the agreement between the parties,and establishes a basis for detailed negotiations and drafting of the formal contract, ensuring that both parties are on the same page regarding the key aspects. This helps to focus discussions on important issues and prevents misunderstandings or disputes later in the process.
It might include terms such as:
- The scope of work.
- Project timelines.
- Payment terms and conditions.
- Roles and responsibilities of the parties involved.
- Confidentiality provisions.
- Any conditions precedent (conditions that must be met before the agreement becomes effective)
- Procurement and contract strategy. This should include carefully thought out risk allocation (procurement routes might involve bills of quantities, schedules of activities, target cost formulae and part design responsibility).
- Choice of contract.
- Conditions of engagement for consultants.
- Design and collateral warranties.
- Incentive mechanisms.
- Abortive terms.
While Heads of Terms indicate a mutual intent to proceed, they are generally not legally binding except for certain clauses, such as confidentiality and exclusivity, which might be explicitly stated as binding.Heads of Terms can be particularly useful in complex construction projects where multiple parties are involved, helping to streamline the process and set clear expectations before committing to a detailed and binding contract.
[edit] Related articles on Designing Buildings
Featured articles and news
Recharging Electrical Skills in Wales
Step by step collaborative solutions.
Ireland budget announcement 2025
CIOB responds with positivity, criticism and clarity.
The continued ISG fall out, where to go?
Support for ISG contractors, companies and employees.
New HES national centre for traditional building retrofit
Announced as HES publishes survey results which reveal strong support for retrofit.
Retrofit of Buildings, a CIOB Technical Publication
Expected to become one of the largest activities in the global construction industry.
Scope determination appeals and the Building Safety Act
Process explained following release of appeals guidance.
The ECA industry focus video channel
Keeping update with the industry session by session.
Over 25 recorded informations sessions freely available.
AT Awards 2024 ceremony East London October 25th.
Revisiting the AT community at the 2023 awards evening.
The Community Housing Fund and built affordable homes
CLTN reviews the impact of the Fund and calls for extension.
The grading system of the Regulator for Social Housing
A background, an explanation and ten recent enforcements.
Construction, repair and maintenance. Book review.
Putting new life into a city with a 1900 year history.
BSRIA Briefing 2024: Sustainable Futures speakers
Redefining Retrofit for Net Zero Living 22 Nov.
Wall of support for post-Grenfell regulation of electricians
Call for a shake-up of the construction industry highlighted on radio.
Digital sustainability through future AEC tools
Bringing together industry and academia to meet challenges.