PARTY WALL ETC ACT

Section 1 new building on the line of junction

Dilapidations = types of schedules demolition legs diminution.

Act
Section
DEFECTS Rot
Asbestos
Business plans
Surveying safely
Site waste management plans regulations 2008
Applies where estimated project cost over 300,000
Employer required to prepare a site waste management plan and the contractor to
maintain it. Article 6 in the JCT SBC.
Cash flow see financial reporting
Check all competencies and list experience
Payment is made under certificates issued by the CA which until PC is are to be
issued every 4 weeks, calculated from the date of commencement.
A further certificate is to be issued within 14 days of PC.
Interim certificates thereafter every 2 months unless otherwise agreed up to expiry of
the rectification period.(not later than 14 days to notify contractor of defects)
Final balance paid after issue of the Final Certificate.
Final date for payment is 14 days from the due date for payment.
Payment certificates to be issued not later than 5 days after their due date.

Interest payable is 5% per annum over the official dealing rate of the Bank of
England payable by employer if late until payment is made.
INSURANCE joint names for existing structures can be difficult to obtain. In which
case rely on employers own insurance and notify insurer, there may be an additional
premium.
Each party should seek advice from insurers before signing the contract.
LADS a genuine pre-estimate of losses that he is likely to suffer = must be a
certificate of non completion.

Provisional sum = sum included for work which may or may not be carried out, or
cannot be accurately specified in the original contract documents.
Allow X to carry out external decorations. = employer not sure what he wants yet.
If the employer decides he wants the decs done the CA and contractor agree a price
or the CA values the work.
Variation - a change the work, addition, omission, change of order or duration.
JCT 2011 Minor Works contract
Inside cover contract is suitable for: simple nature, designed by employer. CA, not
suitable for BILLS, named specialists, detailed control procedures. Contractors
design
Contents
Articles of agreement date, employer and address and contractor address
Recitals description of work at
Contract docs drawings, specification, schedules
Contractor has priced specification? Or SORs?
Finance Act 2004 is the employer a contractor at the base date? 7 days before
tender issue.
CDM notifiable?
Framework agreement?
Supplemental provisions in the schedule collaborative working etc
Articles obligations Contractor to carry out the works in accordance with the
docs.
Employer to pay the contract sum at the times and in the manner specified in the
conditions VAT exclusive sum of x or such other sum as shall become payable. CA
is .of.. if dies employer nominates new CA but cannot override previous
decisions/certificates.
CDMC
Principal Contract as defined by the CDM2007
Adjudication
Arbitration
Litigation is the standard must change to Arbitration if required.
Contract Particulars
Base date
CIS contractor or not?
CDM Regulations = notifiable?
Framework agreement?
Supplemental provisions?
Arbitration
CDM planning period
Date for Commencement of the Works
Date for completion
Liquidated damages
Rectification period

Retention
Supply of documentation for final cert amount 3 months
Fluctuation options = contribution, levy and tax changes
Percentage addition for fluctuations option
Contractors insurance = injury to persons or property insurance cover (for any one
occurance or occurances arising from one event) x
Insurance of the Works etc. works insurance by contractor in joint names
Works and existing structures insurance by employer
in joint names
Existing structures insurance by employer in own name
Percentage to cover professional fees (15%) by default.
Adjudicator and nominating body.
Arbitration
Attestation under hand as a deed
Conditions
Section 1 definitions and interpretation
Articles of Agreement = recitals, articles, particulars, attestation.
Conditions are all the clauses. Section 1 thro 7
Then schedules
All Risks Insurance = against the work executed and site materials.
Joint Names Policy =
Scheme for Construction Contracts Regulations 1998 = Adjudication
Collateral Warranty are between a funder and a subcontractor as a deed because
there is no consideration to pay. It creates contractual relationships between those
not party to the main contract.
Warrantor promises to carry out obligations under main contractor.
Liability restriction = no more liable than under main contract
Prohibited materials list
Requirement to maintain insurance
Provision to allow assignment of warranty
Copyright license
Funders can step in to take over main contract
Requirement to supply further warranties
Liability caps, net contribution clauses, .
Contracts (rights of 3rd party) Act 1999. Do not apply. A 3rd party cannot enforce a
term of the contract as it is not intended within the contract.
Specified Perils = fire, lightning, explosion, storm , flood, escape of water from tank,
apparatus or pipe, earthquake, aircraft, aerial, riot, civil commotion, but excluding
excepted risks.
Excepted Risks = radiation, nuclear, pressure waves from aircraft or supersonic
speeds.
Everything in writing
No third party rights conferred

Section 2 Carrying out the Works

Contractors obligations in workmanlike manner accordance with docs and
construction phase plan, and stat
Materials to CAs satisfaction
Workforce encouraged to hold CSCS
Commence and complete on dates in contract
CA to issue all info and certificates as per contract to enable works.
All contract doc inconsistencies shall be corrected and any addition, omission or
change to be a variation
Contractor to notify CA if stat requirements contradict instruction or contract docs
Contractor to pay statutory authority fees
Extension of time contractor to notify CA they will not achieve. If beyond control of
contractor CA to grant EOT and advise parties. Within contractors control is default
of contractor or subbie or delivery of materials.
Damages for non-completion if deducting must notify contractor in pay less notice
or recover as a debt.
Practical completion CA to certify date when in his opinion works have reached
Practical Completion this includes any information required by the contractor or
subbie to the CDMC for the Health and Safety File.
CA must notify defects to the Contractor not later than 14 days from the end of the
rectification period. Contractor to put right at own cost.
Certificate of Making good issued when everything put right.
Section 3 Control of the Works
No assignment of contract or rights without consent of the other party.
Person in charge contractor must have one on site at all times. any instruction
given to that person to be deemed as issued to the Contractor.
Sub Contracting CA to provide consent to allow. Use JCT short form of subcontract
terminates upon the contractors termination. CDM applicable to subbies, contractor
must pay interest to subbies if missed payment.
CA instructions to be complied with by contractor verball must be backed up in
writing within 2 days
CA to issue compliance to contractor to cary out instruction. If nothing in 7 days the
employer may use others to carry out instruction. Contractor then liable for all
additional costs incurred by employer and appropriately deduct from contract sum.
Variations CA issues to add or omit or change order or period in which they are
carried out.
CA and Contractor to agree price prior. Endeavour
Failure to agree CA to value fairly. Using relelvant prices in the Contract Spec/work
schedules/SORs and include and direct loss and or expense incurred by the
contractor due to the regular process of the works being affected by compliance with
the instruction.
Provisional Sums Ca to issue instruction with regards to expenditure of any
provisional sums included in the contract docs. Agreed or valued as per variations
(agree or CA price as per docs)
CA can exclude anyone employed. Not vexatiously.
CDM REGS contractor to supply all info to CDMC and CA

Employer ensures CDMC carries out his and the contractor contruction phase plan
and welfare facilities and info for File
If employer replaces CDMC or PC then contractor must comply with CDMregs at no
cost or EOT.
SECTION 4 Payment
Contract sum exclusive of VAT
CIS is the employer a contractor? If so then you have to make deductions to
HMRC and give subbies notice.
Due dates for payments at intervals of 4 weeks calculated from the date for
commencement of the works. Not later than 5 days after each due date the CA to
issue an interim certificate for a sum equal to the percentage stated in the contract
particulars of what he considers to be the total value as at the due date
1. Work properly executed
2. Materials and goods on site adequately protected
Less the total of sums stated as due in previous interim certs.
Must say sum due from employer and the basis for calculation. The final date for
payment must be 14 days from the due date.
Due date after PC shall be 7days after PC/ payment within 14 days of the due date.
Thereafter interim certs issued at period of 2 months.
If interim cert not issued within 5 days contractor can give payment notice to CA
stating sum due at due date. And the basis for calculation.
Final date for payment postponed by how many days later than the 5 day period the
contractor has served their payment notice.
If the employer wants to pay less than the interim cert or the contractor payment
notice then not later than 5 days before final date for payment issue a pay less notice
(even if zero)
Interest due at 5% plus Bank of England rate.
If interest paid Contractor can still suspend performance or terminate.
If not paid, contractor can give notice of his intention to suspend performance of his
obligations under the contract (and grounds) to employer AND CA, if nothing for 7
days after notice, contractor can suspend until payment made IN FULL.
Contractor entitled to an additional reasonable amount of his costs due to this
exercise of his right to suspend. Apply to CA and detail to ascertained and included
in next payment if legit.
FINAL certificate and final payment.
Contractor to supply enough info to CA within period stated in particulars to enable
computation of the final account. Due date shall be 28 days after receipt of docs or if
later the date on the certificate of making good defects.
Not later than 5 days after due date CA to issue final certificate certifying sum due to
either employer or contractor and basis for calculation.
Final date for payment shall ne 14 days after due date.
FLUCTUATIONS
SECTION 5 Injury, Damage, and Insurance

CDM checking competence how? ACOP

Construction Phase Plan written by Contractor.
Health and safety file delivered by CDMD to employer on completion.
Provisional sums
PC sum
Contingency
Certificates
Completion
Non-Completion
Making Good
EOT
Payment certs
Valuing variations or any work instructed in respect of provisional sums
APPROVED DOCUMENTS TO BE UPDATED.
Part A Structure

All structural elements of a building can safely carry the loads expected to be
placed on them.
Foundations are adequate for any movement of the ground (landslip,
subsidence).
Large buildings are strong enough to survive an explosion without collapsing.

Part B Fire Safety

7 aspects are considered

1. Early warning and appropriate means of escape.

2. Internal fire spread inhibited by linings resisting spread of fire and reasonable
rate of heat release/fire growth.
3. Stability of building maintained in the even of a fire for a reasonable period.
4. The walls common to two or more dwellings shall adequately resist the sread
of fire between those buildings.
5. Where a building is subdivided fire spread shall be inhibited by the use of fire
resisting materials or fire suppression systems.
6. External walls to resist fire spread between buildings and roofs to resist fire
spread between rooms.
7. Adequate access and provisions for fire fighters to fight fires and rescue
people.

Part C Site preparation and resistance to contaminants and moisture.

1.
2.
3.
4.

Before building all site topsoil and vegetation are removed.

Any contaminated ground is treated, neutralised or removed before building.
Subsoil drainage is provided for waterlogged sites.
All floors, walls and roof should not be adversely affected by interstitial
condensation.

Part D Toxic Substances

Any fumes filling a cavity must be prevented from entering the building.

Part E Resistance to the passage of Sound.

Four main parts
1. Dwellings shall provide reasonable resistance to sound from parts of the
same building or other adjoining buildings.
2. Internal walls and floors of dwellings shall provide reasonable resistance to
sound.
3. Common parts shall prevent unreasonable reverberation.
4. School rooms shall be acoustically insulated against noise.

Part F Ventilation
1. Adequate ventilation must be provided to bathrooms, kitchens, shower rooms,
sanitary accommodation and other habitable rooms (domestic and nondomestic).
2. Roofs need to be well vented or designed to prevent moist air causing
condensation damage.

Part G Hygiene
3 aspects
1. Buildings are required to have satisfactory sanitary conveniences and
washing facilities.
2. All dwellings to have a fixed bath or shower with hot and cold water.
3. Unvented hot water systems over a size to have safety provisions to prevent
explosion.

Part H Drainage and disposal

3 aspects
1. New drains taking foul water must discharge to a sewer or suitable outfall, be
watertight and accessible for cleaning.
2. Where no sewer is available, holding tanks or treatment to be available.
3. New drains taking rainwater to be watertight and discharge to SW sewer,
soakaway, ditch or watercourse.
4. Storage facilities to be provided close to a building for refuse collection.

Part J Combustion appliances and fuel storage systems

3 aspects
1. Heat producing appliances must be provided with a supply of fresh air to
prevent carbon monoxide poisoning to occupants.
2. Chimneys and flues designed to ensure combustion products and smoke are
safely discharged to outside air.
3. Fireplaces and heat producing appliances should be designed and positioned
to ensure the building structure does not ignite.

Part K Protection form falling, collision and impact.

5 main aspects
1. To avoid accidents on stairs, ladders and ramps the physical dimensions need
to be suitable for the use of the building.
2. Guarding railing provided for stairs, balconies, floors, basements, wells etc
3. Vehicle barriers to prevent vehicles from falling.
4. Guarding to prevent people colliding with an open window, skylight or
ventilator.
5. Measures to prevent Powered opening or sliding doors opening onto on
trapping someone.

Part L Conservation of Fuel and Energy

1. Limiting heat gains and losses
2. Provide fixed energy efficient building services and commission.
3. Provide owner with enough info re services, maintenance and operation so
that the building does not use more fuel and power than is reasonable to
operation. i.e. not to waste energy.
Applies to new and existing dwellings and non-dwellings 4 parts.

Part M Access and facilities for disabled people.

1.

2.

3.
4.
5.
6.

Dwellings. People including disabled people should be able:

to reach the principal entrance or suitable alternative from the point of access.
to gain access into and within the principal storey of the dwelling.
to gain access to sanitary conveniences at no higher storey than the principal
storey.
Regardless of disability age or gender, users in buildings other than dwellings
should be able to:
reach the principal entrance to the building from the site boundary from car
parking within the site and from other buildings on the same site (i.e. campus,
hospital etc..)
have access into and within any storey
have access and use of the buildings facilities
The structure and amenities of a building should not constitute a hazard to
users (i.e. blind)
Suitable accommodation should be made for wheelchair users for spectator
seating.
Blind or deaf persons should have communication aids in auditoria, meeting
rooms, reception areas, ticket offices and at information points.
Sanitary accommodation should be provided for all users of the building.

Part N Glazing. Safety in relation to impact, opening and cleaning.

4 main aspects
1. Glazing in locations where people might collide with should be robust enough
not to break or be constructed of safety glass or be provided with suitable
guarding.
2. Large sheets of glazing need to be obvious so that people do not collide
(manifestation)
3. Where non-dwelling windows, skylights and ventilators are openable by
people, controls and/or limiters need to be provided for safe operation and
prevent persons falling through a window.
4. Safe access for cleaning both sides of non-dwellings over 2m high needs to
be available.

Part P Electrical safety

The design and installation of electrical installations should be planned to protect
persons operating, maintaining or altering the installations from fire or injury.
Regular inspections scheme?

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