Document downloads - Contract administration case law
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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This document has been archived and is available on isurv for information purposes only.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'). -
Damages for delay to completion (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This guidance note introduces the subject of damages for delay to completion by looking at the general principles including areas such as law; reasons for introduction within a contract; amounts of damages, and how sums are deducted, certified or released.
The guidance note then focuses on how the standard forms of contract deal with damages. A list of the contracts reviewed is included within the table of contents. For liquidated damages this includes how amounts are inserted in the contract and how this is to be deducted or certified.
This is part of the RICS QS and construction standards). -
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. -
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. -
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.