Document downloads - Contracts
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Acceleration
Published February 2024
Effective from February 2024
This practice information summarises what is meant by ‘acceleration’ in the construction
industry, how acceleration can be achieved in practice, and how it can be valued.
When used in connection with construction contracts, ‘acceleration’ generally refers to increasing the originally planned or current rate of progress of the work so as to complete the project (or, where the contract allows for the project to be completed in sections, a section of the project) earlier than would otherwise be the case. -
Defining completion of construction works
Published: July 2011
This guidance note is intended to summarise the principal features of completion of construction works under a variety of construction contracts. It is intended to be of use to surveyors who are certifying, or providing services in consequence of or in relation to, completion of construction works.
This is part of the RICS QS and construction standards (the 'Black Book'). -
Retention
This guidance note introduces the subject by looking at the general principles of retention, including areas such as law; reasons for introduction within a contract; levels of retention, and how amounts are deducted, certified or released.
The guidance note then focuses on how the standard forms of contract deal with the issue. A list of the contracts reviewed is included within the table of contents.
The guidance note reviews methods and limits of deduction, inclusion of the retention amount to be included within the contract, release and set off against sums held.
This guidance note concludes with a review of common issues including areas such as commonly occurring problems; financing; insolvency, and defects rectification.
Guidance is given for each of the main groups of contracts and the forms in most regular use within those groups, under the following headings, which map to the Assessment of Professional Competence (APC): General principles (Level 1 - Knowing), Practical application (Level 2 - Doing), Practical considerations (Level 3 - Doing/Advising).
This is part of the RICS QS and Construction Standards. -
A review of performance-based contracting (RICS)
Published January 2011
Performance-based contracting (PBC) is a method of contracting, which is based on the postconstruction performance of a building or structure rather than the cost of materials and labour that produced it. Payments by the client are therefore spread throughout the contract period (beginning on completion) and not as interim payments during construction. -
Termination of contract, corporate recovery and insolvency
Published June 2013
This first edition guidance note reviews termination of contract, corporate recovery and insolvency primarily from the perspective of a chartered surveyor with a commensurate level of specialism. It also deals with the main issues encountered in and associated with a construction project. Generally, the guidance note advises on the issues and also suggests when further specialist assistance may be required either legally or technically.
This is part of the RICS QS and construction standards (the 'Black Book').
Please be aware that this guidance note contains some material which is in the process of being updated for revisions to the CDM Regulations, RIBA Plan of Work, and updates to the JCT, NEC and FIDIC suites. Members are made aware of these impending revisions in order that they first check the most up to date position before electing to act in accordance with this guidance document. -
Tendering strategies
Published July 2014
Effective from 1 January 2015
This 1st edition guidance note summarises what tendering is and how tendering processes are used to establish a contract price. It also reviews different types of tendering and negotiation strategies and their advantages and disadvantages. It seeks to enhance the knowledge and understanding of the tendering and negotiation processes involved in procurement.
This is part of the RICS QS and construction standards (the 'Black Book'). -
Appropriate contract selection
Published: April 2024
This practice information discusses the various types of construction contract that are available for use in the UK. It also discusses the factors to consider when choosing the most appropriate construction contract for a particular project.
This is part of the RICS QS and construction standards (the 'Black Book'). -
Ascertaining loss and expense (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
The ascertainment of loss and expense is a set of tasks that endeavour to calculate as precisely as possible, and in accordance with the contract, the additional costs or losses incurred by one party directly due to a default of the other.
This guidance note covers:
- what is loss and expense;
- standard forms of contracts;
- global claims;
- methods of analysis of loss and expense; and
- strengths and weaknesses of the various methods.
This guidance note is part of the RICS QS and Construction Standards. -
Interim valuations and payment
Published August 2015
Effective from 12 November 2015
Most construction contracts require interim payments to be paid to the contractor. This is to relieve the contractor of the burden of financing the whole of the works until completion; works which may take many months or years to complete.
This guidance note covers:
- conditions of contract
- payment mechanisms
- retention
- valuation process and
- standard forms and covering letters.
This guidance note is effective from 12 November 2015.
This is part of the RICS QS and Construction Standards.
Please be aware that this guidance note contains some material which is in the process of being updated for revisions to the CDM Regulations, RIBA Plan of Work, and updates to the JCT, NEC and FIDIC suites. Members are made aware of these impending revisions in order that they first check the most up to date position before electing to act in accordance with this guidance document. -
Fluctuations
Published August 2016
Effective from 23 November 2016
The purpose of this guidance note is to outline the different types of fluctuating price mechanisms available for use within those contracts, selection of the most appropriate mechanism for particular situations, and techniques for calculating adjustments.
The guidance note is intended for anyone involved in fluctuating price contracts, particularly quantity surveyors. -
JCT Minor Works Building Contract 2016 (PDF)
Forms for use with the JCT Minor Works Building Contract 2016.
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JCT Minor Works Building Contract 2016 (Word)
Forms for use with the JCT Minor Works Building Contract 2016.
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JCT Minor Works Building Contract with contractor's design 2016 (PDF)
Forms for use with the JCT Minor Works Building Contract with contractor's design 2016.
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JCT Minor Works Building Contract with contractor's design 2016 (Word)
Forms for use with the JCT Minor Works Building Contract with contractor's design 2016.
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JCT Intermediate Building Contract 2016 (PDF)
Forms for use with the JCT Intermediate Building Contract 2016.
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JCT Intermediate Building Contract 2016 (Word/Excel)
Forms for use with the JCT Intermediate Building Contract 2016.
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JCT Intermediate Building Contract with contractor's design 2016 (PDF)
Forms for use with the JCT Intermediate Building Contract with contractor's design 2016.
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JCT Intermediate Building Contract with contractor's design 2016 (Word)
Forms for use with the JCT Intermediate Building Contract with contractor's design 2016.
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JCT Standard Form of Building Contract with quantities 2016 (PDF)
Forms for use with the JCT Standard Form of Building Contract with quantities 2016.
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JCT Standard Form of Building Contract with quantities 2016 (Word)
Forms for use with the JCT Standard Form of Building Contract with quantities 2016.
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JCT Standard Form of Building Contract with approximate quantities 2016 (Word)
Forms for use with the JCT Standard Form of Building Contract with approximate quantities 2016.
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JCT Standard Form of Building Contract with approximate quantities 2016 (PDF)
Forms for use with the JCT Standard Form of Building Contract with approximate quantities 2016.
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JCT Standard Form of Building Contract without quantities 2016 (PDF)
Forms for use with the JCT Standard Form of Building Contract without quantities 2016.
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JCT Standard Form of Building Contract without quantities 2016 (Word)
Forms for use with the JCT Standard Form of Building Contract without quantities 2016.
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JCT Design and Build Contract 2016 (Word)
Forms for use with the JCT Design and Build Contract 2016.
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Employer's agent: design and build
Published: October 2017
Effective from: 1 January 2018
Employer’s agent: design and build, 1st edition, is intended for use in conjunction with the JCT Design and Build Contract where an agent will be appointed by the employer to represent him or her. This guidance note considers the role and responsibilities of the employer’s agent and other ‘non-core’ pre-contract activities.
This guidance note includes:
- definition of employer’s agent;
- commencement of the role;
- competence, technical ability and experience; and
- appointment documents/service agreement.
This guidance note is part of the RICS QS and Construction Standards. -
Change control and management
Published January 2021
Effective from 1 April 2021
Reissued March 2024
This practice information gives advice on how to handle changes proposed and made after a contract is agreed and covers the role of the person requiring the change, whether the employer’s agent, the project manager or the contract administrator. It also looks at the contrast between a change and a variation and the different circumstances that apply to each, with reference to relevant contract provisions. This practice information supports the RICS core competency of Contract practice.
This practice information does not detail issues such as organisational change that might be taking place at the same time as the project, which could affect change and its management. Neither does it address value management or value engineering – professionals are encouraged to refer to the relevant RICS document for such information. -
Subcontracting
Published April 2021
Effective from 1 July 2021
This guidance note covers most issues that can arise as a result of subcontracting on a major project, but some of these issues will not arise on most smaller projects. It is necessarily limited in its content and focuses on subcontracting in the context of building and civil engineering projects in the UK, but not private finance initiative (PFI) projects. It does not cover the management of subcontractors on site, or the role of suppliers of materials or goods.