What is a basic contract for a self builder who is getting a builder to do it in stages?

[saveasteading]

6 minutes ago, SBMS said:

what's the likelihood of legal success? Will you have a day in court?

A very good point about onerous terms being counterproductive.

 

The big contractor spends money on lawyers and everyone ends up losing.

The small contractor gives way, or folds, or smashes up the work.

 

Best have no arguments.

Clear contracts, however informal,  help towards that.

As does a site diary, as I repeatedly say.

[Drellingore]

Thanks for the thoughts @SBMS, although with my limited and inferior experience, I don't agree. A well-written contract is, in my view, a way of making sure everyone's on the same page about how things will work in various scenarios. I agree that enforcement is likely fruitless in a self-build context, and see more value in just having a written agreement of expectations. Happy to agree to disagree, and I appreciate your input.

 

24 minutes ago, SBMS said:

what you've currently agreed regarding terms with your contractor/builder

 

Nowt yet. I'm looking at architects' terms, who in turn want to either decide or constrain the contracts in play, because their terms assume that they'll be appointing the main contractor. I think I'd rather do this myself, hence why I'm swotting up so I know what I'm talking about when I tell the architects that I want to do a thing

 

21 minutes ago, SBMS said:

I don't know of any industry where the customer brings/formulates a suggested contract/delivery terms to a supplier.

 

Google, HSBC, Fidelity International, NS8, SAP, and probably about half of the customers of my cloud computing consultancy dictated terms. I think it's got more to do with comparative size than industry vertical. 

[saveasteading]

43 minutes ago, SBMS said:

I don't know of any industry where the customer brings/formulates a suggested contract/delivery terms to a

Construction. 

 

Nearly all big projects* dictate the contract, with more or less detail according to the circumstances.

NEC and JCT ranging from Major to 'Minor Works".

Also almost any project where a client's agent is engaging a main contractor.

[SBMS]

1 hour ago, Drellingore said:

Google, HSBC, Fidelity International, NS8, SAP, and probably about half of the customers of my cloud computing consultancy dictated terms

Yeah I'm not sure those examples are hugely relevant, obviously when you're that size you can dictate terms.  I run a software business and our customers don't dictate our terms, we have a standard agreement normally they have a tweak. That's because we know how to build and deliver software and so can tailor our Terms to how we actually deliver a product. YMMV, we're just finishing up our self build so am just trying to give a bit of experience. We went small builder, payment in arrears. Of course we had a full project schedule, specification of works etc - so I'm not saying that you shouldn't have a project plan and fully understood and communicated set of requirements, designs, timeframes etc.  It's just the 'contractual' element that I think is fairly pointless when dealing with smaller contractors.

[SBMS]

41 minutes ago, saveasteading said:

Construction. 

 

Nearly all big projects* dictate the contract, with more or less detail according to the circumstances.

NEC and JCT ranging from Major to 'Minor Works".

Also almost any project where a client's agent is engaging a main contractor.

Fair point for large works, not sure how relevant it is for a self builder engaging a small builder/contractor, which is really the only scenario I think my advice is relevant for (but probably the most common scenario encountered by those on this forum).

 

Please don't try and build a railway station, bridge, or international airport heeding my advice 🤣