Standard Letters for Building Contractors

David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 50 years' experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last twenty years, as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Professor and Senior Research Fellow in Architectural Practice and Management Research at The Queen's University Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely.

• Preface to the Fourth Edition xviiIntroduction xix1 Tendering 1Letters1 To architect, requesting inclusion in list of tenderers 22 To architect, if no response to request for inclusion on list of tenderers 33 To architect, agreeing to tender 44 To architect, if contractor unwilling to tender 55 To architect, if contractor asked to provide information prior to inclusion on tender list 66 To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender 77 To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender 88 To architect, acknowledging receipt of tender documents 99 To architect, regarding questions during the tender period 1010 To architect, requesting extension of tender period 1111 To architect, withdrawing qualification to tender 1212 To architect, if confirming offer where the overall price is dominant 1313 To architect, if withdrawing offer where the overall price is dominant 1414 To architect, if amending offer where the pricing document is dominant 1515 To architect, if tender accepted (a) 1616 To architect, if tender accepted (b) 1717 To architect, if tender accepted (c) 1818 To architect, if purporting to accept tender 1919 To architect, if another tender accepted 202 Contract Documents 21Letters20 To architect, returning contract documents 2321 To architect, if mistakes in contract documents and previous22 To architect, if mistakes in contract documents and no previous acceptance of tender 2523 To architect, if contractor asked to commence before contract documents signed, but tender accepted 2624 To architect, if contractor asked to commence before contract documents signed and tender not accepted 2725 To architect, if contract not signed and certification due 283 Insurance and Other Project Planning Matters 29Letters26 To architect, seeking approval to the names of insurers for employer’s liability 3027 To architect, regarding contractor’s insurance (a) 3128 To architect, regarding contractor’s insurance (b) 3229 To employer, regarding contractor’s insurance (c) 3330 To employer, within 21 days of acceptance of tender or renewal of insurance 3431 To architect, after approval of insurers for employer’s liability 3532 To architect, regarding professional indemnity insurance 3633 To architect, if professional indemnity insurance is no longer available at commercially reasonable rates 3734 To architect, if Joint Fire Code remedial measures are a variation 3835 To architect, if Joint Fire Code remedial measures are a variation, but require emergency action 3936 To employer, regarding employer’s insurance (a) 4037 To employer, regarding employer’s insurance (b) 4138 To employer, regarding employer’s insurance (c) 4239 To employer, who fails to maintain insurance cover (a) 4340 To employer, who fails to maintain insurance cover (b) 4441 To architect and employer, if any damage occurs due to an insured risk (a) 4542 To architect and employer, if any damage occurs due to an insured risk (b) 4643 To architect, on receipt of letter of intent 4744 To architect, if contractor asked to sign a warranty 4845 To architect, on receipt of defective third party rights notice 4946 To architect, on receipt of request for warranty 5047 To architect, if contractor asked to supply a performance bond 5148 To employer, if asked to execute a novation agreement 5249 To architect, enclosing the construction phase plan 5450 To architect, regarding person-in-charge or agent (a) 5651 To architect, regarding the appointment of a site manager (b) 5752 To architect, regarding consent to removal or replacement of site manager 5853 To architect, if required to furnish names and addresses of operatives 5954 To architect, if passes are required 6055 To employer, regarding the employer’s representative 6156 To employer, regarding the project manager 624 Operations on Site 63Letters57 To employer, if possession not given on the due or the deferred date (a) 6458 To employer, if possession not given on the due date (b) 6659 To architect, if date for possession advanced 6760 To employer, giving consent to the engagement of other persons 6861 To employer, withholding consent to the engagement of other persons 6962 To architect, regarding items in minutes of site meeting 7063 To architect, enclosing master programme (a) 7164 To architect, enclosing master programme (b) 7265 To architect, enclosing revision to the master programme 7366 To architect, requesting information 7467 To architect, if insufficient information on setting out drawings 7568 To architect, requesting information that setting out is correct 7669 To architect, if information received late 7770 To architect, if information not received in accordance with the information release schedule 7871 To architect, if design fault in architect’s or consultant’s drawings 7972 To architect, if a design fault in architect’s or consultant’s drawings which the architect refuses to correct 8073 To architect, if contractor providing contractor’s design documents 8174 To architect, who fails to return the contractor’s drawings in due time 8275 To architect, if architect returns contractor’s design document marked ‘C’ 8376 To architect, if architect confirms a comment on documents marked ‘C’ 8477 To architect, if contractor providing contractor’s design documents 8578 To architect, if contractor providing levels and setting out information 8679 To architect, who returns contractor’s drawings with comments 8780 To architect, if discrepancy found between documents 8881 To architect, if discrepancy within the Employer’s Requirements 8982 To architect, if discrepancy within the Contractor’s Proposals 9083 To architect, if discrepancy found between Employer’s Requirements and Contractor’s Proposals 9184 To architect, if alleging that contractor should have checked the design 9285 To employer, pointing out design error in Employer’s Requirements 9386 To architect, requesting directions to integrate the design 9487 To architect, noting divergence between statutory requirements and other documents (a) 9588 To architect, noting divergence between statutory requirements and other documents (b) 9689 To architect, if emergency compliance with statutory requirements required 9790 To architect, if a change in statutory requirements after base date 9891 To architect, if development control decision after base date 9992 To employer (not being a local authority), objecting to the nomination of a replacement architect 10093 To employer (not being a local authority), objecting to the nomination of the employer as replacement architect 10194 To employer, if replacement architect not appointed 10295 To employer, objecting to the nomination of a replacement quantity surveyor 10396 To architect, regarding directions issued on site by the clerk of works 10497 To architect, regarding instructions issued on site by the clerk of works 10598 To architect, if clerk of works defaces work or materials 10699 To architect, if numerous ‘specialist’ clerks of works visiting site 107100 To architect, if clerk of works instructs operatives direct 108101 To quantity surveyor, submitting a Schedule 2 quotation 109102 To architect, regarding verification of vouchers for daywork 110103 To employer, if disagreement over whether work is a variation or included in the contract 111104 To architect, requiring the specification of the clause empowering an instruction (a) 112105 To architect, requiring the specification of the clause empowering an instruction (b) 113106 To architect, confirming an oral instruction 114107 To architect, requesting confirmation of an oral instruction 115108 To architect, if oral instruction not confirmed in writing 116109 To architect, objecting to exclusion of person from the Works (a) 117110 To employer, objecting to exclusion of person from the Works (b) 118111 To architect, objecting to instruction varying obligations or restrictions 119112 To architect, withholding consent to instruction altering the design of the Works 120113 To architect, if attempting to vary the Contractor’s Proposals 121114 To architect, on receipt of 7 day notice requiring compliance with instruction (a) 122115 To architect, on receipt of notice requiring compliance with instruction (b) 124116 To architect, if instruction will affect the contractor’s designed portion 126117 To architect withholding consent, if instruction will affect the contractor’s design 127118 To architect, removal of unfixed materials 128119 To architect, if materials are not procurable 129120 To architect, if wishing to substitute materials or goods 130121 To architect, after failure of work or materials or goods 131122 To architect, if contractor objects to complying with a clause 3.15.1 instruction 132123 To architect, after work opened up for inspection 133124 To architect, if excavations ready for inspection 134125 To architect, if issuing an instruction after ordering removal of defective work 135126 To architect, if issuing instruction for opening up after ordering removal of defective work 136127 To architect, if issuing instruction for removal of defective work 137128 To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner 138129 To architect, if work to be covered up 139130 To architect, if antiquities found 1405 Payment 142Letters131 To architect, enclosing interim application for payment (a) 143132 To architect, enclosing interim application for payment (b) 144133 To quantity surveyor, submitting valuation application 145134 To architect, if quantity surveyor fails to respond to the valuation application 146135 To architect, if interim certificate not issued 147136 To architect, if certificate insufficient 148137 To employer, if payment not made in full and no withholding notice issued 149138 To architect, regarding copyright if payment withheld 150139 To employer, if the advance payment is not paid on the due date 151140 To architect, if valuation not carried out in accordance with the priced activity schedule 152141 To architect, if contractor not asked to be present at measurement 153142 To architect, requesting payment for off-site materials 154143 To employer, giving 7 days notice of suspension 155144 To employer, if payment in full has not been made within 7 days despite notice of suspension 156145 To employer, requesting interest on late payment 157146 To employer, requesting retention money to be placed in a separate bank account 158147 To employer, if failure to place retention in separate bank account 159148 To architect, enclosing all information for preparation of final certificate 160149 To architect, enclosing final account 161150 To employer, disputing the final account 162151 To architect, if final certificate not issued on the due date (a) 163152 To architect, if final certificate not issued on the due date (b) 164153 To architect, if final certificate not issued on the due date (c) 1656 Extensions of Time 166Letters154 To architect, if delay occurs, but no grounds for extension of time 167155 To architect, when cause of delay ended if no grounds for extension of time 168156 To architect, if delay occurs giving grounds for extension of time (a) 169157 To architect, if delay occurs giving grounds for extension of time (b) 170158 To architect, providing further particulars for extension of time (a) 171159 To architect, providing further particulars for extension of time (b) 172160 To architect, if requesting further information in order to grant extension of time 173161 To architect, if unreasonably requesting further information in order to grant an extension of time 174162 To architect, if extension of time is insufficient 175163 To architect, who is not willing to reconsider an insufficient extension of time 176164 To architect, if extension of time not properly attributed 177165 To architect, if extension of time not granted within time stipulated 178166 To architect, if slow in granting extension of time 179167 To architect, if review of extensions not carried out (a) 180168 To architect, if review of extensions not carried out (b) 181169 To architect, if no final decision on extensions of time (c) 182170 To architect, who alleges that contractor is not using best endeavours 183171 To architect, if non-completion certificate or notice wrongly issued 184172 To employer, if liquidated damages wrongfully deducted 185173 To employer, if damages repaid without interest 1867 Loss and/or Expense 187Letters174 To architect, applying for payment of loss and/or expense (a) 188175 To architect, applying for payment of loss and/or expense under the supplemental provisions (b) 189176 To architect, applying for payment of loss and/or expense (c) 190177 To architect, applying for payment of expense (d) 191178 To architect, giving further details of loss and/or expense (a) 192179 To architect or quantity surveyor, enclosing details of loss and/or expense (b) 193180 To quantity surveyor, providing information for calculation of expense (c) 194181 To architect, if ascertainment delayed (a) 195182 To architect, if ascertainment delayed (b) 196183 To architect, if ascertainment too small 197184 To employer, regarding a common law claim 198185 To employer, regarding a common law claim 1998 Termination, Arbitration, Adjudication and Completion 200Letters186 To employer or architect, if default notice served 201187 To employer or architect, if default notice served justly 203188 To employer, if premature termination notice issued 204189 To employer who terminates after notification of cessation of terrorism cover 205190 To employer, giving notice of default before termination 206191 To employer, terminating employment after default notice 207192 To employer, terminating employment on the employer’s insolvency 208193 To employer, where either party may terminate 209194 To employer, terminating if suspension has not ceased after notice 210195 To employer, terminating employment after damage by insured risk 211196 To employer, giving notice of intention to refer a dispute to adjudication 212197 To nominating body, requesting nomination of an adjudicator 213198 To adjudicator, enclosing the referral 214199 To employer, if the adjudicator’s decision is in your favour 215200 To employer, requesting concurrence in the appointment of an arbitrator 216201 To appointing body, if there is no concurrence in the appointment of an arbitrator 217202 To architect, if practical completion of the Works or a section imminent 218203 To architect, if completion certificate wrongly withheld (a) 219204 To architect, if completion statement wrongly withheld (b) 220205 To employer, consenting to early use 221206 To employer, consenting to partial possession (a) 222207 To employer, consenting to partial possession (b) 223208 To employer, issuing written statement of partial possession 224209 To employer, refusing consent to partial possession 225210 To architect, after receipt of schedule of defects 226211 To architect, when making good of defects completed 227212 To architect, returning drawings, etc. after final payment if requested 2289 Sub-Contractors 229Letters213 To employer, requesting consent to assignment 230214 To employer, if asked to consent to assignment 231215 To sub-contractor, assessing competence under the CDM Regulations 232216 To a designer, assessing competence under the CDM Regulations 233217 To architect, requesting consent to sub-letting 234218 To employer, requesting consent to addition of persons to clause 3.8 list 235219 To employer, giving consent to addition of person to clause 3.8 list 236220 To sub-contractor: letter of intent 237221 To sub-contractor, regarding part of the construction phase plan 238222 To sub-contractor, enclosing part of the construction phase plan 239223 To domestic sub-contractor, requiring a warranty if not noted in the invitation to tender 240224 To domestic sub-contractor, requiring a warranty if not noted in the contract documents 241225 To architect, if domestic sub-contractor refuses to provide a warranty which was not originally requested 242226 To architect, objecting to a named person (a) 243227 To architect, objecting to a nominated sub-contractor (b) 244228 To architect, if contractor unable to enter into a sub-contract with named person (a) 245229 To architect, if unable to enter into sub-contract with named person in accordance with particulars (b) 246230 To architect, if some listed sub-contractors will not tender 247231 To architect, if contractor enters into a sub-contract with named person 248232 To architect, if contractor enters into contract with named person 249233 To sub-contractor, regarding insurance 250234 To sub-contractor that fails to maintain insurance cover 251235 To sub-contractor, enclosing drawings 252236 To sub-contractor, if asked to consent to assignment 253237 To sub-contractor that sub-lets without consent 254238 To sub-contractor, giving consent to sub-letting 255239 To sub-contractor, if no person-in-charge 256240 To sub-contractor, requiring compliance with direction 257241 To sub-contractor that fails to comply with direction 258242 To sub-contractor, if contractor dissents from alleged oral direction 259243 To sub-contractor that wrongly confirms an oral direction 260244 To sub-contractor that confirms an oral direction which was given 261245 To sub-contractor, if non-compliant work allowed to remain 262246 To sub-contractor, if defective work opened up 263247 To sub-contractor, inspection after failure of work 264248 To sub-contractor, after failure of work 265249 To sub-contractor, accepting Schedule 2 quotation 266250 To sub-contractor, rejecting Schedule 2 quotation 267251 To sub-contractor, if necessary to measure work 268252 To sub-contractor, fixing a new period for completion 269253 To sub-contractor, fixing a new period for completion after practical completion of the sub-contract works 270254 To sub-contractor, if no extension of time due 271255 To sub-contractor, if claim for extension of time is not valid 272256 To sub-contractor, if sub-contract works not complete by due date (a) 273257 To sub-contractor, if sub-contract works not complete within the period for completion (b) 274258 To sub-contractor, requesting further information in support of a financial claim 275259 To sub-contractor, applying for payment of loss and/or expense (a) 276260 To sub-contractor, applying for payment of loss and/or expense (b) 277261 To sub-contractor, giving notice of an interim payment 278262 To sub-contractor, enclosing payment 279263 To sub-contractor, giving withholding notice 280264 To adjudicator, enclosing written statement 281265 To sub-contractor if adjudicator appointed, but there is no dispute 282266 To adjudicator, if there is no dispute 283267 To sub-contractor, if sub-contractor has wrongly sent 7 day notice of intention to suspend performance of obligations 284268 To sub-contractor, if sub-contractor has correctly sent 7 day notice of intention to suspend performance of obligations 286269 To sub-contractor, requesting documents for calculation of the final sub-contract sum 287270 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (a) 288271 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (b) 289272 To sub-contractor, enclosing final payment 290273 To employer, giving notice of the named sub-contractor’s default 291274 To sub-contractor, giving notice of default before termination 292275 To sub-contractor, giving notice before determination 293276 To architect, if termination of named person’s employment possible 294277 To sub-contractor, terminating employment after default notice (a) 295278 To sub-contractor, determining the sub-contract after notice (b) 296279 To sub-contractor, determining the sub-contract without prior notice 297280 To sub-contractor, terminating employment after termination of the main contract 298281 To sub-contractor, termination on insolvency 299282 To sub-contractor, if cessation of terrorism cover notified 300283 To sub-contractor, notifying the employer’s election after cessation of terrorism cover notified 301284 To sub-contractor that serves a default notice (a) 302285 To sub-contractor that serves a default notice before determination (b) 303286 To sub-contractor that serves notice of termination (a) 304287 To sub-contractor that serves notice of determination (b) 306288 To architect, if employment of named person terminated 308289 To architect, if employment of named person terminated under ICSub/NAM/C clause 7.4, 7.5 or 7.6 309290 To architect, if contractor instructed to carry out named person’s work after termination of named person’s employment 311291 To architect, if contractor decides to sub-let after termination of named person’s employment 312292 To employer, if money recovered after termination of named person’s employment 313293 To sub-contractor, requesting details for the health and safety file 314294 To sub-contractor, if contractor dissents from date of practical completion 315295 To sub-contractor, notifying practical completion after earlier dissent 316296 To sub-contractor, enclosing schedule of defects 317297 To sub-contractor, directing that some defects are not to be made good 318298 To sub-contractor, if deduction made under main contract for inaccurate setting out 319299 To architect, if action threatened because of named person’s design failure 320300 To sub-contract architect, engineer or other consultant, regarding professional indemnity insurance 321301 To sub-contract architect, engineer or other consultant, if late in providing information 322302 To sub-contract architect, engineer or other consultant, if action threatened because of design failure 323303 To sub-contract architect, engineer or other consultant, at the end of a successful project 324Index 325