Document downloads - Contract administration
Available downloads
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Comfort letter
A comfort letter expresses the intention of one of the parties to act in a particular way (for example, to enter into a contract), but does not create any legal obligation on that party actually to act in that way. The author of the letter will only be liable for deviating from the stated intended course of action if the expressed intention was not actually held at the time that the letter was signed.
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Consent to spend
A sample consent to spend letter. Instructions to proceed with consent to spend are sometimes referred to as 'if' contracts, and usually take the following form:
'if you commence works pending preparation of the contract documents, then we will reimburse you your reasonable costs should the contract not be entered into.'
These agreements are legally binding contracts which pre-date and are superseded by the principal contract when it is executed. They must be entered into by a duly authorised representative of the party procuring the works. Consultants often make the mistake of issuing such letters on behalf of their clients. Unless the practitioner has authority to enter into contracts as the agent of his client, he or she should not sign such letters, but should leave it to the client to do so. -
Contracts final certificate
A sample notice of final certificate for use with JCT contracts (in PDF and Word format).
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Contracts certificate of practical completion
A sample notice of practical completion for use with JCT contracts (in PDF and Word format).
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Practical completion checklist
Completion of works is an important milestone. It is a date that has a significant impact on payment, risk and damages. For example, and depending on the contractual terms, the employer will take possession and responsibility for loss or damage, the right to deduct damages for delay, will come to an end; payments for retention or performance bonuses will be payable; the defects liability period will commence; the time during which the final account should be prepared will commence.
This checklist lists the things that should be done in order to achieve practical completion. -
Recognition of existence of a binding contract
Letters recognising the existence of a binding contract between the parties may be used to execute the contract before the formalities of copying, binding and signing the contract have been completed.
A letter recognising the existence of a binding contract has similar effects to the execution of the contract itself. If the contract is repudiated after such a letter is in place, but before the contract itself has been signed, the employer will be liable for loss of profit by the contractor on the outstanding works.
This is a sample form of letter recognising the existence of a binding contract. -
Surveyors' construction handbook: the problems of practical completion (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
Any questions relating to its status and application should be addressed to the RICS QS and construction professional group. -
Surveyors' construction handbook: ascertaining the amount of loss and expense incurred in building projects (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
Any questions relating to its status and application should be addressed to the RICS QS and construction professional group. -
Surveyors' construction handbook: valuations for interim certificates (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
Any questions relating to its status and application should be addressed to the RICS QS and construction professional group. -
Surveyors' construction handbook: extension of time (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
Any questions relating to its status and application should be addressed to the RICS QS and construction professional group. -
Notice to defer commencement of works
If the employer fails to afford possession of the site on the agreed date (or within a reasonable time), the contract may expressly provide for the consequences of such failure. For example, clause 2.5 of the JCT 2005 Standard Form of Building Contract (if stated to apply), permits the employer to defer giving possession of the site for a period not exceeding 6 weeks calculated from the relevant 'Date of Possession' provided for in the contract.
This is a template for a notice to defer commencement of works. -
Instruction to proceed commencement of works
Construction information is vital to all projects and virtually impossible to construct a project without. An information request schedule is a two column document detailing the information required by the contractor, along with a corresponding date indicating when that information is to be provided.
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Confirmation of verbal instruction
A sample template for confirmation of verbal instruction.
Under the JCT 2005 Standard Building Contract there is the facility for instructions to be issued orally by the architect/contract administrator as well as in writing. In this situation the contractor is to confirm the oral instruction (more commonly referred to as a verbal instruction) to the architect/contract administrator within seven days of receiving the verbal instruction. If the architect/contract administrator does not dissent from that confirmation within seven days from receipt of the written confirmation, the instruction then takes effect (as confirmed under clause 3.12.2).
Oral confirmation sheets (also referred to as confirmation of verbal instruction, or CVI sheets) are frequently used by contractors operating under this (and similar forms of contract). -
Information release schedule
Construction information is vital to all projects and virtually impossible to construct a project without. An information release schedule is a two column document detailing what information needs to be provided, along with a corresponding date indicating when that information is to be provided.
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Information request schedule
Construction information is vital to all projects and virtually impossible to construct a project without. An information request schedule is a two column document detailing the information required by the contractor, along with a corresponding date indicating when that information is to be provided.
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Request for information
Due to the regular need to seek further information/instructions, contractors will normally operate a system of request for information sheets in conjunction with an information request schedule. Request for information sheets (commonly referred to as RFI sheets) will normally detail a particular and precise piece of information needed (e.g. the thickness of door D101) and will state the latest date when that information is to be provided. When raised, the request for information sheets are recorded on and added to the information request schedule.
This is a sample request for information sheet. -
Client briefing letter
A sample template briefing letter for contract administrators to send to clients.
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Outline risk register
The risk register is a means of recording the results of the earlier phases of the risk management process in a structured form and provides a document for monitoring changes in later stages of the project life cycle.
The register assesses risk severity before and after initial mitigation responses are applied. This is a sample form with an example that can be used for recording risks. -
Project programme, cost plan and developer's specification (samples)
Samples of the project programme, cost plan and developer's specification.
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Scope of works template
It is worth setting out the parameters or expectations for a design depending on the project need. This could be from an architectural or technical perspective. For example, the scheme may be a landmark project making design quality paramount.
Alternatively a hospital could be more functional in appearance but would have its own very specific technical requirements. If known, the scope should be identified, which may be a simple point list as demonstrated in this form. -
Contracts extension of time
A sample notice of extension of time for use with JCT contracts (in PDF and Word format).
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Contracts certificate of non-completion
A sample notice of non-completion for use with JCT Intermediate and Standard contracts (in PDF and Word format).
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Contracts statement of retention values
A sample statement of retention/payment values for use with JCT Iintermediate and Design and Build contracts (in PDF and Word format).
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Contracts instruction
A sample notice of instruction for use with JCT contracts (in PDF and Excel format).
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Contracts valuation form
A sample valuation form for use with JCT contracts (in PDF and Excel format).
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Contracts certificate for payment
Sample certificate for payment for use with JCT contracts (in PDF and Word format).
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Contracts site direction
A sample notice for site direction for use with JCT contracts (in PDF and Excel format).
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Contracts notice of dispute
A sample notice of dispute for use with JCT contracts (in PDF and Word format).
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Contracts instruction to proceed
A sample letter of instruction to proceed for construction contracts.
The contractor's obligation with regard to the commencement of the works to be undertaken and the employer's obligation with regard to affording possession of the site to allow such on-site commencement is usually governed by the express terms of the (usually written) contract. -
Contracts notice to defer commencement
A sample letter of instruction to proceed for construction contracts (in PDF and Word format).
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Contract administration (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
The purpose of this guidance note is to provide practical guidance to RICS members in England and Wales who undertake the role of 'contract administrator' (CA).
The role of the CA covers a wide range of possible services and projects from the smallest residential scheme through to larger commercial projects. The responsibilities of the CA will be defined by the form of building contract and the professional appointment under which the CA is appointed. As the majority of surveyors only deal with small to medium sized contracts, this guidance note will concentrate on the role of CA at this level; and in particular within the provisions of contracts issued by the Joint Contracts Tribunal (JCT - minor works, intermediate and standard building contracts). In addition, many of the principles set out in this guidance note will also apply where no standard form of contract has been entered into, particularly for smaller works. While the guidance note does not deal with full 'design and build contracts, the issue of the employer's responsibility for design is considered.
On this basis it should be noted that this guidance note does not cover other forms of JCT contract, GC works, BPF/NEC or ICE forms, other than to distinguish the role of the CA. It also does not deal with the responsibilities of employers' representatives under design and build arrangements, where the responsibility is to act exclusively in the interests of the employer, albeit honestly and with integrity. -
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'). -
Contracts notice of non-completion
A sample notice of non-completion for use with JCT Design and Build contracts (in PDF and Word format).
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Contracts pay less notice
A sample pay less notice for use with JCT contracts (in PDF and Word format).
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Contracts statement of practical completion
A sample statement of practical completion for use with JCT Design and Build contracts (in PDF and Word format).
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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. -
Modelling risk impacts and the variability between contract sum and final account (RICS)
Published September 2012
This report looks at the prediction of construction costs, and the difference that varies between the contract sum and final account. -
Construction sectors and roles for chartered quantity surveyors (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This information paper summarises what is meant by the construction sectors before going on to review the various roles for the chartered quantity surveyor within the UK construction industry.
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. -
Appointing a project manager
The aim of this publication is to provide practical advice and guidance to individuals and organisations involved in the commissioning or procurement of project management services as well as RICS members in England and Wales undertaking the role of project manager in relation to building works contracts.
The role of the project manager covers a wide range of possible services and projects from the smallest residential scheme through to larger infrastructure projects. The responsibilities of the project manager will be defined initially by the professional appointment under which they are employed and then by the form of building contract used for the works.
Please note: while the content of this guidance note contains textual material which is still current and able to be used in practice, it is acknowledged that a number of references in the Appendices are now out of date and need to be changed to reflect the subsequent publication of other documents. -
Construction security and performance documents
Published: May 2013
Effective from: May 2013
This first edition guidance note reviews security and performance documents normally associated with a construction project, noting the main types of document, the parties to them, their purpose and general terms.
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 -
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'). -
Extensions of time (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
Delays occur on most construction projects, and always have done. At some point during a project, particular parts of the works, or the works as a whole, will not progress as quickly as planned, with the risk that the contractual completion date will not be met.
This guidance note covers:
- costs of delay
- background to extension of time clauses
- delay assessments using BIM and
- strengths and weaknesses of delay analysis methods.
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. -
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. -
Final account procedures
Published December 2015
Effective from 14 March 2016
This guidance note summarises what a final account is and how they are used to establish a final adjustment to the contract price.
The practical issues of how to prepare a final account in accordance with the contract and the process of cooperation between the parties and negotiation will also be discussed.
This guidance note covers:
- contractual definitions of final account;
- preparing for final account;
- agreeing the final account; and
- an example statement of final account.
This is part of the RICS QS and Construction Standards. -
Commercial management of construction
Published: March 2016
Effective from: 21 June 2016
The role of a commercial manager, and the commercial management functions performed, play a critical part in the commercial and financial success of a construction project or of any other business.
This UK guidance note outlines the role of commercial management in construction, providing a framework of guidance covering the most common tasks that a commercial manager will perform on a construction project.
This 1st edition guidance note is effective from 21 June 2016.
This is part of the RICS QS and Construction Standards. -
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. -
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. -
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.