Current version: HO/C and HO/CA 2021
Previous version: HO/C and HO/CA 2005 (revised July 2009; revised March 2015), HO/C and HO/CA 2001
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The pack contains:
- Building contract for a home owner/occupier who has appointed a consultant to oversee the work (two copies - one each for the customer and the contractor).
- Consultancy agreement for a home owner/occupier appointing a consultant to provide consultancy services in relation to building work (two copies - one each for the customer and the consultant).
- Guidance Notes.
Building contract for a home owner/occupier who has appointed a consultant to oversee the work (HO/C)
- This contract is for a home owner/occupier who has appointed a consultant to administer the contract on their behalf.
- It is suitable for small domestic building work, such as extensions and alterations.
- This is a consumer contract for a residential occupier; therefore it is excluded from the provisions of the Construction Act. However the contract does provide for adjudication in the event of a dispute between the home owner and the contractor. See Rules for Adjudication (HO/Adj) and explanatory notes.
- The works are carried out for an agreed lump sum (including VAT), which can be paid in a single payment on completion, or agreed interim payments.
- Part 1 (The arrangements for the work) covers:
- the work to be done, planning permission, building regulations and party walls, using facilities on the premises, price, payment, the working period, product guarantees, insurance, working hours, occupation and security of the premises, and disputes.
- Part 2 (The conditions) covers:
- contractor’s responsibilities, customer’s responsibilities, the consultant’s roles, health and safety, changing the work details, extending the working period, certifying finished work and making good, payment, contractor’s continuing responsibility, bringing the contract to an end, right to cancel, insolvency, other rights and remedies, law of the contract.
Consultancy agreement for a home owner/occupier appointing a consultant in relation to building work (HO/CA)
- This agreement is for use between a home owner/occupier and a consultant (e.g. architect, engineer or surveyor) who is to provide services.
- It covers a range of services that the consultant can provide, such as producing designs and detailed specifications for the work, applying for planning permission and building regulations approval, and inspecting the building work while it is being done.
- This agreement is designed for use with the Building Contract for a home owner/occupier who has appointed a consultant. It may however be used independently of this contract but care must be taken to ensure it is compatible with the building contract.
- This is a consumer agreement for a residential occupier, therefore it is excluded from the provisions of the Construction Act. However the agreement provides for adjudication in the event of a dispute between the home owner/occupier and the consultant. See Rules for Adjudication (HO/Adj) and explanatory notes
- Part 1 (The consultant's services) covers:
- the services, consultant's fees, insurance, disputes.
- Part 2 (The conditions) covers:
- consultant’s responsibilities, customer’s responsibilities, changing the services, paying the consultant's fee, consultant’s continuing responsibility, copyright, bringing this agreement to an end, right to cancel, other rights and remedies, law of the agreement.
- The Construction (Design and Management) Regulations 2015 (CDM 2015) apply to both domestic and commercial clients. Domestic clients should refer to guidance produced by the HSE, Want construction work done safely? (INDG411(rev1)), which can be downloaded for free from www.hse.gov.uk/pubns/indg411.pdf.
About this type of contract
ISBN : 9780414098282
Edition : 2016