Reasons for having a contract with timber frame supplier/errector

[davidc]

Preferred TF contractor seems reluctant to enter into any form of contract (just wants to proceed on basis on quotation alone). The value of the work is just under £150k. In Scotland I should add.

 

I am trying to set out the reasons why it might be a good idea to have a contract and so far have what is listed below. Can anyone suggest what else may be wise to have specified ?

 

start and end dates and notice period for commencing work
mechanism to revise completion date after agreeing a delay (otherwise contractors obligation to original completion date lapses)
ownership of items and materials procured (i.e. at what point does ownership of materials pass to me)
liability for damage to site or neighbouring properties
cleaning up site
storage of plant, equipment, materials etc
variation clause to set out procedure for changes
early termination clause if contract breached and clause that client does not have to pay until remedial costs have been offset

 

 

[Dreadnaught]

In addition to "liability for damage to site or neighbouring properties" which you mention, there is also third-party liability relating to human injury and death. This is a huge issue which I think should be very clearly defined.

 

Will the TF company have full control of the site during their phase of your build, for example? It is linked to CDM 2015 of course.

 

I think I too would want a contract for such a major phase of work.

Edited June 15, 2020 by Dreadnaught

[Adrian Walker]

Just tell them that you will pay the invoice once it's complete and you're happy with it.  They might want a contact now.

Edited June 15, 2020 by Adrian Walker

[ProDave]

What is the scope of the work?  £150K sounds a lot if it is just supply and erection of a timber frame.

[davidc]

@ProDave They are also supplying and fitting: roof, cladding, windows, timber sun screening, decking, sub flooring, guttering, plaster boarding and internal joinery. They don't want to act as 'main contractor' though.

 

@Dreadnaught Yes, they are going to be in formal possession of site during their own works phase (offered this in pre-sales discussion but seemed less keen to include it in quotation - in part hence why I would prefer some form of contract also)

 

[recoveringbuilder]

Seems strange that they don’t want a contract of any kind even as protection for themselves, we only had supply of kit and erection but the contract was signed on ordering, they didn’t want to manufacture a kit which we could then turn round and say we no longer required.

[ProDave]

Just be careful you don't end up spending more on the build than it's market value will end up being.

[davidc]

@Christine Walker They want a 29% payment upon ordering - i took that as meaning they won't actually begin manufacture until my payment has cleared.

 

Perhaps as their quotation contains their payment schedule, and 'consideration' will have been given if I tell them to go ahead and make the initial payment, this will form as a good a contract as they desire ? Not sure if the notion of 'consideration' works broadly the same in Scots law as it does in English ?