Eraldo Architects Limited
On behalf of Mr and Mrs NAME
Project No: eD01
OFFER AND ACCEPTANCE
Conditions of Contract
Bills of Quantities
Eraldo Murphy Limited
71 Wright Street
Renfrew June 2009
OFFER TO EXCUTE THE WORKS
TO: Mr and Mrs name
Ladies and Gentlemen,
We Name CONSTRUCTION (SCO.) LTD, being the Contractor, hereby offer to execute and complete the Works of
all in accordance with the Drawings, Conditions of Contract and Bills of Quantities for the sum of:-
SIXTY TWO THOUSAND EIGHT HUNDRED AND EIGHTY SEVEN POUNDS. £62,887.00
We acknowledge that the offer is a negotiated price, and that it excludes all items of a non-fixed nature not specified in the bills of quantities. Items excluded are such and any specialist items; the tiling of the bathrooms, kitchen and toilet; floor finshes; and kitchen units: these being of a specialist nature and determined by the client as additional to the contractor.
ACCEPTANCE OF THE OFFER
I, …………………………………………of ADDRESS, being the client, accept the above offer in accordance with all the conditions referred to in these documents.
CONDITIONS OF CONTRACT
Contractors' 1 All contractors and sub-contractors employed
(i) Keep proper wage books and time sheets.
(ii) Be insured against all statutory and common law liabilities with an insurance company recognised, and shall not sub-let or sub-contract any part of the work unless the sub-lessee or sub-contractor is similarly insured.
Contract Provisions 2 All specifications issued by and all contracts made with the CLIENT shall embody the following provisions and conditions:-
(i) Names of sub-contractors to be intimated prior to them being employed on the works to determine personnel competence.
(ii) Extra Work - no contractor shall receive any payment or consideration and no engineer, architect, surveyor or other professional adviser on contracts shall receive any payment in commission or fees for any extra work over the estimated or contract price unless the extra work has been formally sanctioned by the client.
(iv) contractor shall not collude to the detriment of the client.
(v) Tax Certificate – the contractor is responsible for his own tax arrangements and payments.
Variations to Contract No payment shall be made in excess of the amount of the contract without being reported to and approved by the client.
Miscellaneous (i) Except where otherwise agreed, this contract shall be subject to Scots Law and to the jurisdiction of the Scottish Courts.
(ii) Except where otherwise agreed the Contractor shall not assign or sub-let the contract without the prior written consent of the Client.
(iii) The contractor shall comply with all the relevant health and safety legislation , and where applicable all fulfil all his CDM regulations Obligations.
GENERAL DESCRIPTION OF WORK
The works comprise a two storey side extension building in traditional treated timber framing, with a rendered masonry cladding finish. All to and forming part of the existing dwelling house with one story communal porch at front,
NAME OF PARTIES
client: Mr and mrs NAME
Architect: ) Eraldo Architects
Quantity ) Eraldo architects
The Contractor shall mean the person or persons whose offer is accepted for this contract by the client, and shall include his or their representatives, executors or assignees whom so ever.
The site is as shown on the layout plan accompanying these Documents.
The Contractor shall be held to have examined the site and to have fully acquainted himself as to local conditions, including social behaviour, accessibility of the site, the full extent and character of the operation, the nature of the ground, and any other factors affecting the execution of the contract. In regard to social behaviour the Contractor is recommended to refer to the crime profile held in the local Police Office. No extra will be allowed on account of any omission or error arising from lack of such knowledge.
DRAWINGS AND OTHER DOCUMENTS
The drawings from which the documents have been prepared and location drawings, accompanying the documents are listed below. The Contractor shall be held to have examined the various plans and drawings of the proposed work and shall also be held to have examined and satisfied himself on all documents and Conditions of Contract which shall regulate the Contract.
No. Title Scale
AL01 LOCATION AND SITE PLAN 1:1250,200
AL02 PLANS AND ELEVATIONS: EXISTING 1:100
AL03 PLANS AND ELEVATIONS: PROPOSED 1:100
AL04 GROUND FLOOR PLAN DETAIL LAYOUT 1:50
AL05 UPPERFLOOR PLAN DETAIL LAYOUT 1:50
AL06 FOUNDATION LAYOUT 1:50
AL07 GROUND FLOOR JOIST LAYOUT 1:50
AL08 UPPER FLOOR JOIST LAYOUT 1:50
AL09 ROOF TRUSS LAYOUT 1:50
AA10 CROSS SECTION 1:50
AA11 TRUSS DETAILS 1:50
AA12 STAIRCASE DETAILS 1:25,5
AD13 DOOR THRESHOLD DETAIL 1:5
AD20 FOUNDATIONS DETAILS: GENERAL 1:20
AD21 EXTERNAL WALL TIE DOWN DETAIL 1:20
AD22 EAVES TIE DOWN DETAIL 1:5
AD23-1 DWARF WALL SOLE PLATE DETAIL 1:5
AD24 FOUNDATION DETAIL 1:10
AD28 TIMBER FRAME AT EXTERNAL DOOR DETAIL 1:10
AD30 TYPICAL WALL /FLOOR RESTRAININ STRAP DET 1:10
AD32-3 WINDOW:EAVES AND CILL DETAIL 1:5
Ad35 new wall to existing connection detail 1:5
AD37 ROOF ADJOINING DETAILS 1:5
AD38-1 EXERNAL WALL STRAP DETAIL A 1:5
AD38-2 EXERNAL WALL STRAP DETAIL 8 1:5
AD31 TYPICAL WALL RESTRAININGG STRAP DETAIL 1:10
AD44 LEAN TO ROOF DETAIL F 1:5
AD45 BEARING BEAM DETAIL AT CORRIDOR TOILET 1:5
AD46 LEAD VALLEY DETAIL 1:5
AD50 SHALLOW DRAINAGE DETAILS 1:5
AD53 LINTOL SCHEDULE DETAILS 1:20
AD55 WALL PROTECTION SLEEVE DETAIL 1:10,20
AG100 U VALUE CALCULATIONS 1:5
A, The Contractor shall comply with all relevant legislation and without prejudice to the foregoing generality he shall be deemed to have allowed in his Offer for the following items where applicable:-
Plant, tools and vehicles/Safety, health and welfare in respect of all workpeople/National Insurance Acts/Holidays with pay and sickness and injury schemes/Transport for workpeople/Safeguarding the works, materials and plant against damage and theft, including providing watching service/Maintenance of public and private roads and footpaths/Complying with police regulations/ reasonable facilities to any Contractors or Departments of the Local authority engaged in work on site outwith this contract/Protecting existing services/Providing water for the works/Providing temporary lighting and power and lighting for hoardings, etc./Complying with the provisions of the Control of Pollution Act 1974, particularly Sections 60 and 61, relative to noise control/complying with the special requirements with regard to prevention of Pollution of Watercourses/complying where applicable in all respects with the requirements of the Construction (Design and Management) Regulations 1994 (CDM) including the development of the Health and Safety Plan.
b Temporary Works (where applicable)
The Contractor shall be deemed to have made his own assessment and allow in his offer for the following items where applicable:-
Temporary Roads/Temporary storage enclosures, sheds, offices, messrooms, sanitary accommodation and other temporary buildings for the Contractor's own use/Rates on temporary buildings/Telephone facilities/Temporary fencing, hoarding, fans, planked footways, guard rails, gantries and the like as may be necessary for protecting the public/Temporary infilling to doors and windows, etc./General scaffolding/Protecting the works from inclement weather/Providing temporary equipment, fuel and attendance to dry out the buildings/Removing all rubbish and debris and cleaning the works internally and externally.
All instructions and information contained in the Specification and drawings and Description of Works/Quantities will be deemed to have been taken into consideration in pricing the whole of these documents.
Unless otherwise stated in the clause or item, the Contractor shall be deemed to have allowed in his rates generally for any unpriced clauses or items within the price.
c Disposal of Materials
The Contractor is responsible for the removal of waste and surplus site material all in compliance with the Environmental Protection (Duty of Care) Regulations 1991.
f Identification of Contractor's Personnel
The Contractor is asked to be prudent in the identification of his personnel.
To avoid the danger of others impersonating his personnel on site. It is advisable that
(a) the Company's name and address and the telephone numbers of its head office and site office, be carried by all personnel.
(b) the bearer's name, and
(c) a note of authorisation subscribed by the Company's Managing Director or similar senior manager.
In order that the means of identification is not misused, either during or at the completion of the Contract, the Contractor shall initiate such measures as will eliminate any misuse.
Carry out and complete the works
All in accordance with the description/specification/ drawings, forming the documents
All materials and workmanship shall be of the best quality of their respective kinds and shall be in accordance with the current relevant British Standard or Code of Practice where such exist. All materials to be used in the work are subject to the Architect's approval of samples and the approved samples shall form the standard of quality for all such material used in the work. Where goods or materials of a particular manufacture are stated, the price shall be held to include for those particular goods or materials. Similar goods or materials of a different manufacture may be used in the works if approved in writing during the Contract by the Architect. The term 'or other approved' shall therefore be implied wherever proprietary goods or materials are specified. The works shall be executed to the entire satisfaction of the Architect who shall have full power to examine the workmanship and materials employed and to reject and order the removal of any materials and to reject and order the re-execution of any work he may consider to be improper, defective or unsatisfactory, at the Contractor's expense.
CONTRACT PARTICULARS: Insurances, defects liability, payments and retentions
Commencement and completion
The works maybe commenced within one week from acceptance and shall be completed within 16 weeks from acceptance.
Defects Liabilities: 12 months
Payments: Payments will only be issued for completed and passed inspected works; maximum every second week, or where otherwise agreed, and shall include for all unfixed materials on site. nothing in this clause shall excempt the contractor from his liability insurances.
Penultimate certificate 99%
Ultimate certificate: 100%
Injury damage and insurance
Injury or damage to property
The insurance cover to which this Clause applies shall, for any one occurrence or series of occurrences arising out of one event, be not less than £1,000,000.
Signed (the client)...........................dated...........
signed (the contractor........................dated…............