Standard Letters for Building Contractors, 4th Edition

Preface to the Fourth Edition xvii

Introduction xix

1 Tendering 1
Letters

1 To architect, requesting inclusion in list of tenderers 2

2 To architect, if no response to request for inclusion on list of tenderers 3

3 To architect, agreeing to tender 4

4 To architect, if contractor unwilling to tender 5

5 To architect, if contractor asked to provide information prior to inclusion on tender list 6

6 To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender 7

7 To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender 8

8 To architect, acknowledging receipt of tender documents 9

9 To architect, regarding questions during the tender period 10

10 To architect, requesting extension of tender period 11

11 To architect, withdrawing qualification to tender 12

12 To architect, if confirming offer where the overall price is dominant 13

13 To architect, if withdrawing offer where the overall price is dominant 14

14 To architect, if amending offer where the pricing document is dominant 15

15 To architect, if tender accepted (a) 16

16 To architect, if tender accepted (b) 17

17 To architect, if tender accepted (c) 18

18 To architect, if purporting to accept tender 19

19 To architect, if another tender accepted 20

2 Contract Documents 21
Letters

20 To architect, returning contract documents 23

21 To architect, if mistakes in contract documents and previous

22 To architect, if mistakes in contract documents and no previous acceptance of tender 25

23 To architect, if contractor asked to commence before contract documents signed, but tender accepted 26

24 To architect, if contractor asked to commence before contract documents signed and tender not accepted 27

25 To architect, if contract not signed and certification due 28

3 Insurance and Other Project Planning Matters 29
Letters

26 To architect, seeking approval to the names of insurers for employer’s liability 30

27 To architect, regarding contractor’s insurance (a) 31

28 To architect, regarding contractor’s insurance (b) 32

29 To employer, regarding contractor’s insurance (c) 33

30 To employer, within 21 days of acceptance of tender or renewal of insurance 34

31 To architect, after approval of insurers for employer’s liability 35

32 To architect, regarding professional indemnity insurance 36

33 To architect, if professional indemnity insurance is no longer available at commercially reasonable rates 37

34 To architect, if Joint Fire Code remedial measures are a variation 38

35 To architect, if Joint Fire Code remedial measures are a variation, but require emergency action 39

36 To employer, regarding employer’s insurance (a) 40

37 To employer, regarding employer’s insurance (b) 41

38 To employer, regarding employer’s insurance (c) 42

39 To employer, who fails to maintain insurance cover (a) 43

40 To employer, who fails to maintain insurance cover (b) 44

41 To architect and employer, if any damage occurs due to an insured risk (a) 45

42 To architect and employer, if any damage occurs due to an insured risk (b) 46

43 To architect, on receipt of letter of intent 47

44 To architect, if contractor asked to sign a warranty 48

45 To architect, on receipt of defective third party rights notice 49

46 To architect, on receipt of request for warranty 50

47 To architect, if contractor asked to supply a performance bond 51

48 To employer, if asked to execute a novation agreement 52

49 To architect, enclosing the construction phase plan 54

50 To architect, regarding person-in-charge or agent (a) 56

51 To architect, regarding the appointment of a site manager (b) 57

52 To architect, regarding consent to removal or replacement of site manager 58

53 To architect, if required to furnish names and addresses of operatives 59

54 To architect, if passes are required 60

55 To employer, regarding the employer’s representative 61

56 To employer, regarding the project manager 62

4 Operations on Site 63
Letters

57 To employer, if possession not given on the due or the deferred date (a) 64

58 To employer, if possession not given on the due date (b) 66

59 To architect, if date for possession advanced 67

60 To employer, giving consent to the engagement of other persons 68

61 To employer, withholding consent to the engagement of other persons 69

62 To architect, regarding items in minutes of site meeting 70

63 To architect, enclosing master programme (a) 71

64 To architect, enclosing master programme (b) 72

65 To architect, enclosing revision to the master programme 73

66 To architect, requesting information 74

67 To architect, if insufficient information on setting out drawings 75

68 To architect, requesting information that setting out is correct 76

69 To architect, if information received late 77

70 To architect, if information not received in accordance with the information release schedule 78

71 To architect, if design fault in architect’s or consultant’s drawings 79

72 To architect, if a design fault in architect’s or consultant’s drawings which the architect refuses to correct 80

73 To architect, if contractor providing contractor’s design documents 81

74 To architect, who fails to return the contractor’s drawings in due time 82

75 To architect, if architect returns contractor’s design document marked ‘C’ 83

76 To architect, if architect confirms a comment on documents marked ‘C’ 84

77 To architect, if contractor providing contractor’s design documents 85

78 To architect, if contractor providing levels and setting out information 86

79 To architect, who returns contractor’s drawings with comments 87

80 To architect, if discrepancy found between documents 88

81 To architect, if discrepancy within the Employer’s Requirements 89

82 To architect, if discrepancy within the Contractor’s Proposals 90

83 To architect, if discrepancy found between Employer’s Requirements and Contractor’s Proposals 91

84 To architect, if alleging that contractor should have checked the design 92

85 To employer, pointing out design error in Employer’s Requirements 93

86 To architect, requesting directions to integrate the design 94

87 To architect, noting divergence between statutory requirements and other documents (a) 95

88 To architect, noting divergence between statutory requirements and other documents (b) 96

89 To architect, if emergency compliance with statutory requirements required 97

90 To architect, if a change in statutory requirements after base date 98

91 To architect, if development control decision after base date 99

92 To employer (not being a local authority), objecting to the nomination of a replacement architect 100

93 To employer (not being a local authority), objecting to the nomination of the employer as replacement architect 101

94 To employer, if replacement architect not appointed 102

95 To employer, objecting to the nomination of a replacement quantity surveyor 103

96 To architect, regarding directions issued on site by the clerk of works 104

97 To architect, regarding instructions issued on site by the clerk of works 105

98 To architect, if clerk of works defaces work or materials 106

99 To architect, if numerous ‘specialist’ clerks of works visiting site 107

100 To architect, if clerk of works instructs operatives direct 108

101 To quantity surveyor, submitting a Schedule 2 quotation 109

102 To architect, regarding verification of vouchers for daywork 110

103 To employer, if disagreement over whether work is a variation or included in the contract 111

104 To architect, requiring the specification of the clause empowering an instruction (a) 112

105 To architect, requiring the specification of the clause empowering an instruction (b) 113

106 To architect, confirming an oral instruction 114

107 To architect, requesting confirmation of an oral instruction 115

108 To architect, if oral instruction not confirmed in writing 116

109 To architect, objecting to exclusion of person from the Works (a) 117

110 To employer, objecting to exclusion of person from the Works (b) 118

111 To architect, objecting to instruction varying obligations or restrictions 119

112 To architect, withholding consent to instruction altering the design of the Works 120

113 To architect, if attempting to vary the Contractor’s Proposals 121

114 To architect, on receipt of 7 day notice requiring compliance with instruction (a) 122

115 To architect, on receipt of notice requiring compliance with instruction (b) 124

116 To architect, if instruction will affect the contractor’s designed portion 126

117 To architect withholding consent, if instruction will affect the contractor’s design 127

118 To architect, removal of unfixed materials 128

119 To architect, if materials are not procurable 129

120 To architect, if wishing to substitute materials or goods 130

121 To architect, after failure of work or materials or goods 131

122 To architect, if contractor objects to complying with a clause 3.15.1 instruction 132

123 To architect, after work opened up for inspection 133

124 To architect, if excavations ready for inspection 134

125 To architect, if issuing an instruction after ordering removal of defective work 135

126 To architect, if issuing instruction for opening up after ordering removal of defective work 136

127 To architect, if issuing instruction for removal of defective work 137

128 To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner 138

129 To architect, if work to be covered up 139

130 To architect, if antiquities found 140

5 Payment 142
Letters

131 To architect, enclosing interim application for payment (a) 143

132 To architect, enclosing interim application for payment (b) 144

133 To quantity surveyor, submitting valuation application 145

134 To architect, if quantity surveyor fails to respond to the valuation application 146

135 To architect, if interim certificate not issued 147

136 To architect, if certificate insufficient 148

137 To employer, if payment not made in full and no withholding notice issued 149

138 To architect, regarding copyright if payment withheld 150

139 To employer, if the advance payment is not paid on the due date 151

140 To architect, if valuation not carried out in accordance with the priced activity schedule 152

141 To architect, if contractor not asked to be present at measurement 153

142 To architect, requesting payment for off-site materials 154

143 To employer, giving 7 days notice of suspension 155

144 To employer, if payment in full has not been made within 7 days despite notice of suspension 156

145 To employer, requesting interest on late payment 157

146 To employer, requesting retention money to be placed in a separate bank account 158

147 To employer, if failure to place retention in separate bank account 159

148 To architect, enclosing all information for preparation of final certificate 160

149 To architect, enclosing final account 161

150 To employer, disputing the final account 162

151 To architect, if final certificate not issued on the due date (a) 163

152 To architect, if final certificate not issued on the due date (b) 164

153 To architect, if final certificate not issued on the due date (c) 165

6 Extensions of Time 166
Letters

154 To architect, if delay occurs, but no grounds for extension of time 167

155 To architect, when cause of delay ended if no grounds for extension of time 168

156 To architect, if delay occurs giving grounds for extension of time (a) 169

157 To architect, if delay occurs giving grounds for extension of time (b) 170

158 To architect, providing further particulars for extension of time (a) 171

159 To architect, providing further particulars for extension of time (b) 172

160 To architect, if requesting further information in order to grant extension of time 173

161 To architect, if unreasonably requesting further information in order to grant an extension of time 174

162 To architect, if extension of time is insufficient 175

163 To architect, who is not willing to reconsider an insufficient extension of time 176

164 To architect, if extension of time not properly attributed 177

165 To architect, if extension of time not granted within time stipulated 178

166 To architect, if slow in granting extension of time 179

167 To architect, if review of extensions not carried out (a) 180

168 To architect, if review of extensions not carried out (b) 181

169 To architect, if no final decision on extensions of time (c) 182

170 To architect, who alleges that contractor is not using best endeavours 183

171 To architect, if non-completion certificate or notice wrongly issued 184

172 To employer, if liquidated damages wrongfully deducted 185

173 To employer, if damages repaid without interest 186

7 Loss and/or Expense 187
Letters

174 To architect, applying for payment of loss and/or expense (a) 188

175 To architect, applying for payment of loss and/or expense under the supplemental provisions (b) 189

176 To architect, applying for payment of loss and/or expense (c) 190

177 To architect, applying for payment of expense (d) 191

178 To architect, giving further details of loss and/or expense (a) 192

179 To architect or quantity surveyor, enclosing details of loss and/or expense (b) 193

180 To quantity surveyor, providing information for calculation of expense (c) 194

181 To architect, if ascertainment delayed (a) 195

182 To architect, if ascertainment delayed (b) 196

183 To architect, if ascertainment too small 197

184 To employer, regarding a common law claim 198

185 To employer, regarding a common law claim 199

8 Termination, Arbitration, Adjudication and Completion 200
Letters

186 To employer or architect, if default notice served 201

187 To employer or architect, if default notice served justly 203

188 To employer, if premature termination notice issued 204

189 To employer who terminates after notification of cessation of terrorism cover 205

190 To employer, giving notice of default before termination 206

191 To employer, terminating employment after default notice 207

192 To employer, terminating employment on the employer’s insolvency 208

193 To employer, where either party may terminate 209

194 To employer, terminating if suspension has not ceased after notice 210

195 To employer, terminating employment after damage by insured risk 211

196 To employer, giving notice of intention to refer a dispute to adjudication 212

197 To nominating body, requesting nomination of an adjudicator 213

198 To adjudicator, enclosing the referral 214

199 To employer, if the adjudicator’s decision is in your favour 215

200 To employer, requesting concurrence in the appointment of an arbitrator 216

201 To appointing body, if there is no concurrence in the appointment of an arbitrator 217

202 To architect, if practical completion of the Works or a section imminent 218

203 To architect, if completion certificate wrongly withheld (a) 219

204 To architect, if completion statement wrongly withheld (b) 220

205 To employer, consenting to early use 221

206 To employer, consenting to partial possession (a) 222

207 To employer, consenting to partial possession (b) 223

208 To employer, issuing written statement of partial possession 224

209 To employer, refusing consent to partial possession 225

210 To architect, after receipt of schedule of defects 226

211 To architect, when making good of defects completed 227

212 To architect, returning drawings, etc. after final payment if requested 228

9 Sub-Contractors 229
Letters

213 To employer, requesting consent to assignment 230

214 To employer, if asked to consent to assignment 231

215 To sub-contractor, assessing competence under the CDM Regulations 232

216 To a designer, assessing competence under the CDM Regulations 233

217 To architect, requesting consent to sub-letting 234

218 To employer, requesting consent to addition of persons to clause 3.8 list 235

219 To employer, giving consent to addition of person to clause 3.8 list 236

220 To sub-contractor: letter of intent 237

221 To sub-contractor, regarding part of the construction phase plan 238

222 To sub-contractor, enclosing part of the construction phase plan 239

223 To domestic sub-contractor, requiring a warranty if not noted in the invitation to tender 240

224 To domestic sub-contractor, requiring a warranty if not noted in the contract documents 241

225 To architect, if domestic sub-contractor refuses to provide a warranty which was not originally requested 242

226 To architect, objecting to a named person (a) 243

227 To architect, objecting to a nominated sub-contractor (b) 244

228 To architect, if contractor unable to enter into a sub-contract with named person (a) 245

229 To architect, if unable to enter into sub-contract with named person in accordance with particulars (b) 246

230 To architect, if some listed sub-contractors will not tender 247

231 To architect, if contractor enters into a sub-contract with named person 248

232 To architect, if contractor enters into contract with named person 249

233 To sub-contractor, regarding insurance 250

234 To sub-contractor that fails to maintain insurance cover 251

235 To sub-contractor, enclosing drawings 252

236 To sub-contractor, if asked to consent to assignment 253

237 To sub-contractor that sub-lets without consent 254

238 To sub-contractor, giving consent to sub-letting 255

239 To sub-contractor, if no person-in-charge 256

240 To sub-contractor, requiring compliance with direction 257

241 To sub-contractor that fails to comply with direction 258

242 To sub-contractor, if contractor dissents from alleged oral direction 259

243 To sub-contractor that wrongly confirms an oral direction 260

244 To sub-contractor that confirms an oral direction which was given 261

245 To sub-contractor, if non-compliant work allowed to remain 262

246 To sub-contractor, if defective work opened up 263

247 To sub-contractor, inspection after failure of work 264

248 To sub-contractor, after failure of work 265

249 To sub-contractor, accepting Schedule 2 quotation 266

250 To sub-contractor, rejecting Schedule 2 quotation 267

251 To sub-contractor, if necessary to measure work 268

252 To sub-contractor, fixing a new period for completion 269

253 To sub-contractor, fixing a new period for completion after practical completion of the sub-contract works 270

254 To sub-contractor, if no extension of time due 271

255 To sub-contractor, if claim for extension of time is not valid 272

256 To sub-contractor, if sub-contract works not complete by due date (a) 273

257 To sub-contractor, if sub-contract works not complete within the period for completion (b) 274

258 To sub-contractor, requesting further information in support of a financial claim 275

259 To sub-contractor, applying for payment of loss and/or expense (a) 276

260 To sub-contractor, applying for payment of loss and/or expense (b) 277

261 To sub-contractor, giving notice of an interim payment 278

262 To sub-contractor, enclosing payment 279

263 To sub-contractor, giving withholding notice 280

264 To adjudicator, enclosing written statement 281

265 To sub-contractor if adjudicator appointed, but there is no dispute 282

266 To adjudicator, if there is no dispute 283

267 To sub-contractor, if sub-contractor has wrongly sent 7 day notice of intention to suspend performance of obligations 284

268 To sub-contractor, if sub-contractor has correctly sent 7 day notice of intention to suspend performance of obligations 286

269 To sub-contractor, requesting documents for calculation of the final sub-contract sum 287

270 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (a) 288

271 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (b) 289

272 To sub-contractor, enclosing final payment 290

273 To employer, giving notice of the named sub-contractor’s default 291

274 To sub-contractor, giving notice of default before termination 292

275 To sub-contractor, giving notice before determination 293

276 To architect, if termination of named person’s employment possible 294

277 To sub-contractor, terminating employment after default notice (a) 295

278 To sub-contractor, determining the sub-contract after notice (b) 296

279 To sub-contractor, determining the sub-contract without prior notice 297

280 To sub-contractor, terminating employment after termination of the main contract 298

281 To sub-contractor, termination on insolvency 299

282 To sub-contractor, if cessation of terrorism cover notified 300

283 To sub-contractor, notifying the employer’s election after cessation of terrorism cover notified 301

284 To sub-contractor that serves a default notice (a) 302

285 To sub-contractor that serves a default notice before determination (b) 303

286 To sub-contractor that serves notice of termination (a) 304

287 To sub-contractor that serves notice of determination (b) 306

288 To architect, if employment of named person terminated 308

289 To architect, if employment of named person terminated under ICSub/NAM/C clause 7.4, 7.5 or 7.6 309

290 To architect, if contractor instructed to carry out named person’s work after termination of named person’s employment 311

291 To architect, if contractor decides to sub-let after termination of named person’s employment 312

292 To employer, if money recovered after termination of named person’s employment 313

293 To sub-contractor, requesting details for the health and safety file 314

294 To sub-contractor, if contractor dissents from date of practical completion 315

295 To sub-contractor, notifying practical completion after earlier dissent 316

296 To sub-contractor, enclosing schedule of defects 317

297 To sub-contractor, directing that some defects are not to be made good 318

298 To sub-contractor, if deduction made under main contract for inaccurate setting out 319

299 To architect, if action threatened because of named person’s design failure 320

300 To sub-contract architect, engineer or other consultant, regarding professional indemnity insurance 321

301 To sub-contract architect, engineer or other consultant, if late in providing information 322

302 To sub-contract architect, engineer or other consultant, if action threatened because of design failure 323

303 To sub-contract architect, engineer or other consultant, at the end of a successful project 324

Index 325