Contract templates available to members
During May 2023 the Association launched 3 new contract templates, intended for use by registered designers and contractors as part of a suite of project documents issued to domestic clients.
The following variants are available from the members area of the website:
- Design only
- Build only
- Design and build
The contracts
Based on feedback from members and their clients during disputes, the Association is aware that many domestic clients are unfamiliar with the mechanics of a large value home improvement projects and require guidance through the process.
Through their work in resolving disputes on behalf of members and their client, the Association is aware of scenarios which commonly lead to disputes. These frequently concern project management and decisions associated with project variations and result from poor communication.
The resulting contracts have been laid out to resemble a manual or FAQ document, which can be used as a reference for both parties.
Whilst the Association has made every attempt to keep the number of pages for each contract to a minimum, they were also mindful of including sufficient detail to afford the member and their client clarity in the working relationship and protection from misunderstanding.
All 3 variations of the contract contain sections to identify each significant stage of the project including:
Definitions and Interpretation
Terms associated with the contract are explained in simple language, and what these terms mean in relation to the agreement.
Information about us and how to contact us
Contact details associated with client and contractor, including period of working.
Our agreement with you
How the client can formally confirm their acceptance of the documents presented by the contractor.
Our main obligations – to do the work
The terms under which the member is required to provide services.
Your main obligations – to pay us
The terms under which the client is required to pay the member.
Changes to the Order or these Terms
The circumstances under which a member may vary the terms of the contract.
Permissions
The permissions the member will consider before undertaking the project, unless otherwise stipulated, including planning permission, tree preservation order, building regulations, and confirmation that the client will be responsible for paying for costs associated with these.
The Services
The process by which the services will be carried out, starting with introduction of employees working on the project, to include progress updates and adherence to health and safety regulations throughout.
Access to the Site
Contains clauses that will protect the member, such as requirements the site will be free from hazards and obstructions, and the remedies if the contractor discovers these when work commences. Also highlights role of CDM in the project.
Materials
This section contains clauses which refer to specification and supply of materials. Variation of texture and colour of natural materials is highlighted for the benefit of both parties, as is the length of warranties associated with materials supplied, together with the terms associated with these.
If there is a problem with the Services
This section advises both parties how disputes should be resolved.
Price and payment
This section details how payment should be made, including how to pay, the value and frequency of staged payments and the consequences for missing payment deadlines.
Obligations and responsibilities for loss, damage and insurance
This section outlines the responsibilities of both parties, and the need for either party to provide suitable insurance for the duration of the project. Specific circumstances which may occur during the project are also covered.
Events outside our control & Suspension or frustration
This section specifies the events which may disrupt or even lead to the termination of the project, but for which the client and contractor cannot be held liable. For example, a pandemic.
Benefitting from your professionalism
Association members have proved to vetting officers their knowledge, skills and experience are worthy of the BALI accreditation, and it is these attributes that prospective clients seek.
Use of a contract is one way of demonstrating this professionalism which, together with project documents such as design drawings, specification and bill of quantities, will ensure the best chance of a mutually beneficial working relationship.
All three contracts are available free of charge to all accredited designer and contractor members.
To download a copy, visit the members section of the BALI website or click the link below: