JCT or Domestic contract for minor building work from FMB

[u587162]

Hi

Is there much difference between the two contacts, should I opt for one over the other when commissioning my large renovation project to a builder?

Thanks.

 

[^woody^]

You can pick either and use as is, or you can add whatever additional terms (or cross stuff out) to suit you.

Or you can write your own terms. The only requirements are that you and your builder agree on the terms, and that the terms are reasonable and fair.

 

[u587162]

Is it still regarded as a minor work contract even though my private building regs inspector has informed the council that it is not minor work when they serve notice in the council building regs dept?

 

[^woody^]

The contract being described as a minor work contract has nothing to do with building control's definition of the work.

The contract title of minor work is just a reference to the complexity and perhaps value of the work, so that the contract has relatively few and simple terms.

 

[u587162]

So even e.g a £0.5m project can be regarded as minor works?

Thx for clarifying.

 

[Nakajo]

We used to pair contracts with contract values. But these days we tend to work more on the basis of the number of subcontracts, or the amount of work being undertaken by a subcontractor relative to the work of a main contractor. Under your chosen contract, what powers do you have to seek redress from the sub-contractor in the event that the main contractor goes bust? Wherever there's any degree of complexity, I would tend to favour a minor works contract over a domestic one. Whatever you choose, make sure that the rectification period is for one year. Six months is a poor choice, because those six months might be in the summer - when there's not much wind, snow, or rain.

Also, I would be extremely wary of agreeing your own terms. Our clients love to do this all the time. I think it's almost pointless, and inevitably adds more cost to the project. Stick to the standard forms. They've been written by a group of individuals/organisations from all sides of the construction process, so are intended to be as fair as possible/appropriate to both parties to the contract. Mess about with them at your peril.