Articles of agreement
Contents[hide] |
[edit] Introduction
Contract documents for a construction contract will typically consist of:
- Contract drawings.
- Priced bill of quantities.
- Articles of agreement.
- Contract conditions.
- For contracts where there is a contractor’s designed portion: employer’s requirements, contractor’s proposals and contract sum analysis.
The ‘articles of agreement’ set out the core obligations of the parties involved. Typically, they consist of four sections:
- Recitals.
- Articles.
- Contract Particulars.
- Attestation.
By way of an example, the contents of the articles of agreement in the JCT Standard Building Contract (SBC) are set out below in more detail.
[edit] Recitals
Recitals contextualise the agreement, giving factual explanations for the basis of the contract. Seven recitals describe what is required and the events that have taken place.
[edit] First recital
Describes the work required by the employer, identifies the site, confirms the preparation of the design and bill of quantities.
[edit] Second recital
Confirms that a priced copy of the bill of quantities has been supplied by the contractor to the employer, with a priced activity schedule where required.
[edit] Third recital
Identifies the contract drawings.
[edit] Fourth recital
Identifies whether the employer is to be considered a contractor for tax deduction purposes under the Construction Industry Scheme.
[edit] Fifth recital
Refers to an information release schedule provided to the contractor by the employer (this is optional).
[edit] Sixth recital
Clarifies whether the works are to be carried out in sections.
[edit] Seventh recital
This only applies (along with three more recitals), where the contractor is obliged to complete design works under the provisions for a contractor’s designed portion.
[edit] Articles
These set out what is agreed between the parties.
[edit] Article 1
The obligation of the contractor, i.e. undertaking and completing the works subject to the contract documents.
[edit] Article 2
The obligation of the employer, i.e. to pay the contract sum or such other sum as becomes payable under the contract (through variations and/or correction of errors).
[edit] Article 3
Identifies the architect (or contract administrator) under the contract, and provides the employer with the power to maintain someone in the role of duty-holder (or employer’s agent).
[edit] Article 4
Identifies the quantity surveyor.
[edit] Article 5
Identifies the principal designer.
[edit] Article 6
Identifies the principal contractor.
[edit] Article 7
Makes reference to the right to adjudication in the event of any dispute.
[edit] Article 8
Makes reference to the right to arbitration in the event of any dispute.
[edit] Contract particulars
This section sets out the aspects of the contract that are particular to the project to which the contract relates. It is a schedule for the variables in the agreement and conditions. It is important that the variables are compatible with the relevant operating mechanism in the agreement, conditions and schedules as disputes may arise when either party applies the contract particulars information without proper reference to the operating clause.
Read more about contract particulars here.
[edit] Attestation
The attestation is the process of confirming that something is correct or genuine, or that a particular requirement has been met. It may be completed:
[edit] Under seal
Signed by both parties, witnessed and made clear that it is executed as a deed.
[edit] Under hand
A ‘simple contract’ that is signed just by the parties.
[edit] Related articles on Designing Buildings Wiki
- Agreement.
- Attestation in construction.
- Construction contracts.
- Contract conditions.
- Contract documents.
- Contract execution.
- Contract negotiation.
- Contracts under seal v under hand.
- Essentials of a contract.
- FIDIC.
- Intermediate Building Contract.
- Joint Contracts Tribunal.
- Named specialist work.
- NEC3.
- Period for reply.
- Procurement route.
- Sub-contract.
- Z clauses.
[edit] External references
- ‘The JCT 05 Standard Building Contract’ (2nd ed.), NDEKUGRI, I., RYCROFT, M., Butterworth-Heinemann (2009)
Featured articles and news
The Health and Safety Executive at 50
And over 200 years of Operational Safety and Health.
Thermal imaging surveys a brief intro
Thermal Imaging of Buildings; a pocket guide BG 72/2017.
Internally insulating a historical building
An experimental DIY approach using mineral thermal lime plaster.
Tree species selection for green infrastructure: A guide for specifiers.
50 million new trees over 25 years.
Art of Building CIOB photographic competition public vote
The last week to vote for a winner until 10 January 2025.
The future of the Grenfell Tower site
Principles, promises, recommendations and a decision expected in February 2025.
20 years of the Chartered Environmentalist
If not now, when?
Journeys in Industrious England
Thomas Baskerville’s expeditions in the 1600s.
Top 25 Building Safety Wiki articles of 2024
Take a look what most people have been reading about.
Life and death at Highgate Cemetery
Balancing burials and tourism.
The 25 most read articles on DB for 2024
Design portion to procurement route and all between.
The act of preservation may sometimes be futile.
Twas the site before Christmas...
A rhyme for the industry and a thankyou to our supporters.
Plumbing and heating systems in schools
New apprentice pay rates coming into effect in the new year
Addressing the impact of recent national minimum wage changes.