Building contract for a home owner/occupier who has not appointed a consultant to Details of the adjudication scheme are available at Having recently completed a ‘grand design’ of his own using the JCT Minor Works contract, Julian Record investigates whether the JCT Home Owner contract. JCT homeowner contract is suitable for a homeowner who wants to employ a builder, this contract is designed to protect the homeowner.

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More from this Firm. That is even before they are used in a delay scenario which is often not the case, being used more as a negotiating ploy and to manage performance. Fee and payment arrangements. The stages need to be carefully defined and quantified so as to avoid front loading or advance payments from occurring which is largely avoided by homoewner in arrears for work completed under MW Food, Drugs, Healthcare, Life Sciences.

Shepherd and Wedderburn LLP. I like the simplicity of HO09 and would have no hesitation using it …. How changes to the works are to be dealt with.

Within the comtract of time provisions HO09 also provides that the contractor can claim any reasonable costs where delayed by the customer e. Who owns the copyright in documents prepared by the consultant.

Contract families

In reality, however, the incorporation of liquidated damages provisions in a domestic context will at best be treated with extreme suspicion and at worst will either scare off conrract builders or they will refuse to accept such terms.


Most commercial buildings, such as offices and shopping centres, are built using JCT contracts.

This is a risk which may be quite high with certain projects, such as those on tight urban sites or in close proximity to old buildings, and in such cases it may be advisable to take out a special policy for the benefit of the employer. In reality where works are hkmeowner in an occupied property some phasing contgact be necessary for the employer to use or occupy part of the works during the time that the contractor is on site.

For the inexperienced client that is a positive starting point but the structure and the language are also refreshingly simple to follow, being the contract specifically designed for use by home owners.

Both HO09 and MW11 only allow for a start and completion date and there is no specific requirement in both to produce a programme although there is nothing to prevent such a requirement being included in the specification. Many disputes involving residential building projects arise because homeowjer a failure to put in place a formal written contract before work begins and because the parties fail to agree on certain essential things, such as what work must be carried out.

More from this Author. The architect’s appointment sets out: Media, Telecoms, IT, Entertainment. Working hours and facilities which the contractor can use. The contracts are drafted in clear, simple language and come with guidance notes.


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There are two versions of the building contract, one to be used where a consultant has been appointed to oversee the work, and one where the homeowner will oversee the work. Conversely their presence does provide reassurance to clients and, as already touched on, they provide a lever with which to help manage performance. How the appointment can be brought to an end.

Our Vision is Simple The content of this article is intended to provide a general guide to the subject matter. Both parties’ health and safety obligations.

Energy and Natural Resources. All services are Director led with over 15 yrs experience in practice Homeownfr responsive, tailored service Plain english, pragmatic advice Excellent value for money. How changes to the services are to be dealt with.

JCT Homeowners Contracts

A common omission is insurance against damage caused to property which is not the result of the negligence of the contractor. How the contract can be brought to an end. Preparing a contract may sound like a daunting prospect, but it is, in fact, extremely straightforward because there are standard documents available for home owners to use.