Contract Documents Definition

Case studies

"LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients."

SBP Law

Access all documents on Contract Documents

GET ACCESS NOW

GLOSSARY

Published by a ��Ƶ Construction expert

What does Contract Documents mean?

The documents that, together, comprise the building contract are often collectively referred to as the contract documents. The contract documents will usually include the conditions of contract, the employer’s requirements, the contractor’s proposals, the specification and the contract sum analysis or bills of quantities.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

Sustainable procurement—checklist

Sustainable procurement—checklist STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Checklist considers the necessary components for sustainable public procurement, outlining key considerations in relation to elements of the technical specification, selection and award criteria and performance requirements. Drafting the technical specification X Is the specification clear...

Discover our 5 Checklists on Contract Documents

Sustainable procurement—private sector

Sustainable procurement—private sector What is sustainable procurement? According to the UN Global Marketplace definition: procurement is sustainable when it integrates requirements, specifications and criteria that are compatible and in favour of the protection of the environment, social progress and supports economic development, namely by seeking resource efficiency, improving the quality of products and services and ultimately optimising costs. ISO 20400 on Sustainable Procurement, published in April 2017, reviewed and confirmed in 2023, defines sustainable procurement as ‘procurement that has the most positive environmental, social and economic impacts possible over the entire life cycle.’ For more information on ISO 20400, see Practice Note: The use of standards in sustainable procurement. Essentially, sustainable procurement involves embedding environmental, economic and social criteria into supply chain due diligence frameworks and contractual documents, with an aim of motivating suppliers to offer more sustainable products and services. It means looking at the impacts of the product and service on the environment and society over its entire lifecycle from creation to disposal. Sustainable procurement...

FIDIC contracts 2017—price

FIDIC contracts 2017—price Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red and Pink Books are remeasurement contracts, whereas the Yellow, Silver and Gold Books are lump sum fixed price contracts. This Practice Note looks at how the Contract Price in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) is calculated, and the ways in which it can be adjusted. For a review of price in the 1999 editions of the Red, Yellow and Silver Books, and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—price. Remeasurement In remeasurement contracts, an initial estimate of the value of the works is determined by measuring the quantity of each work item (which will be set out in a document referred to as a bill of quantities) and multiplying it by the agreed rate for that particular item. This calculation is then made again at the end...

Discover our 18 Practice Notes on Contract Documents

Letter of intent—construction—employer friendly

Letter of intent—construction—employer friendly From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on the [insert form of proposed contract], as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not...

Contract cover sheet

Contract cover sheet [Insert commercial sensitivity status, eg ‘confidential’, ‘privileged and confidential’, ‘restricted’, etc] For internal use only: not to send externally This document is a summary of the main terms of the contract for quick reference only. Do not use it as a basis for making business or legal decisions without checking the terms of the underlying contract and consulting with [insert contract owner or relevant team, eg Legal Department]. Internal overview Contract reference: [Insert contract reference] Title of contract: [Insert contract title] Date: [Insert contract date] Description: [Insert description of contract] Internal business customer and department: [Insert name of internal business customer and department][Insert contact details of internal business customer] Contract manager: [Insert name of contract manager][Insert contact details of contract manager] Contract value: [Insert value of contract] Approval required: [yes OR no] [Insert details of level of approval required] Approval obtained: [yes OR no] [Insert details of obtained approval] Key review dates: [Insert details of any key review dates] Contracting...

Dive into our 21 Precedents related to Contract Documents

Under the standard JCT D&B contract, is there a duty on the contractor to integrate its works with the existing works/structure? For example, if existing works cause a fault in the contractor's works, is there a duty to integrate which means that the contractor is liable?

Under the standard JCT D&B contract, is there a duty on the contractor to integrate its works with the existing works/structure? For example, if existing works cause a fault in the contractor's works, is there a duty to integrate which means that the contractor is liable? There is no express provision in the JCT Design and Build (D&B) contract (either the 2011 or 2016 edition) requiring the contractor to integrate its works with any existing works/structures. Under clause 2.1.1 of the JCT D&B, the contractor is required to carry out the works in a proper and workmanlike manner. The works are also to be carried out in accordance with the Contract Documents—which includes (among others) the Employer’s Requirements (ERs) which are the documents showing and describing the employer’s requirements for the design and construction of the works it wants the contractor to carry out, and the Contractor’s Proposals (CPs) which are the contractor’s response to the ERs showing its proposals for the design and construction of...

What impact does the standstill period have on the preferred supplier? What steps if any can they take during the standstill period?

What impact does the standstill period have on the preferred supplier? What steps if any can they take during the standstill period? The Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) apply only to a ‘contracting authority’. The definition of a ‘contracting authority’ includes • central government • local authorities • associations formed by one or more contracting authority, and • bodies governed by public law (such as housing associations) See Practice Note: Introduction to public contracts procurement for more information. When a contracting authority reaches its decision on contract award, under PCR 2015, SI 2015/102 it must hold a standstill period. This is a mandatory period between notification of a contract award decision and entering into the contract, allowing unsuccessful tenderers the opportunity to: • seek further information from the contracting authority, and • consider whether their rights have been prejudiced during the procurement process If the unsuccessful bidders believe that their rights have been prejudiced they can apply to have the contract award decision ...

See the 15 Q&As about Contract Documents

'Surmise and micawberism'—court rejects jurisdictional and natural justice challenges to adjudication enforcement (LAPP Industries v 1st Formations)

Construction analysis: The Technology and Construction Court (TCC) rejected a set of jurisdictional and natural justice challenges to an adjudicator's decision, emphasising that such challenges will succeed in only the plainest cases. Among other points, the court found that where a matter relevant to the adjudicator's jurisdiction necessarily 'overlapped' with the adjudicator's decision on the substantive issues, that matter could not be considered at the enforcement stage.

AI in Construction Disputes

Construction analysis: The significant development in the capabilities of artificial intelligence (AI) in recent years may have a significant impact on construction disputes. Paddy Mockler of Philip Lee consider various potential uses of AI, its benefits in construction disputes as well as the risk it may pose.

Read the latest 4 News articles on Contract Documents

Top

Trial

��Ƶ

GLOSSARY