Contractor Definition

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Sub contractor

GLOSSARY

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What does Contractor mean?

The company or individual carrying out the construction or engineering works

The contractor is employed to carry out the works in relation to a development. Depending on complexity or size of a project he in turn may "sub contract" some of the works to specialists in, for example, electrical engineering or plumbing

Construction

The company or individual carrying out the construction or engineering works

View the related checklists about Contractor

Preparing a building contract for signature—checklist

Preparing a building contract for signature—checklist This Checklist can be used when preparing a building contract for signature. It is designed to help avoid errors when preparing or checking construction documents before they are signed by the parties and completed. • Consistency with other documents From the outset, liaise with the member of the professional team responsible for preparing contract documents such as Preliminaries and Employer’s Requirements to ensure that these are consistent with the schedule of amendments and accurately reflect the intentions of the parties. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. • Details of the parties Include full details for all contracting parties—the full company name and address, plus the registered company number (if any) as company names may change in future. Confirm the details are correct at Companies House (if applicable). • Contract Particulars Review the Contract Particulars (where a JCT contract is being used), or Contract Data (where an NEC contract is used), or other relevant contract details section...

Drafting and negotiating a time of the essence clause—checklist

Drafting and negotiating a time of the essence clause—checklist This Checklist outlines key provisions and issues for consideration when drafting and negotiating time of the essence clauses. For a Precedent time of the essence clause together with detailed drafting notes, see Precedent: Time of the essence clause. For information on time of the essence, exceptions to the general rule and practical issues to be considered by customers and suppliers, see Practice Note: Time of the essence. Legal Issues General comments What to watch out for Nature of the term: condition, innominate term or warranty Time will be of the essence where the parties expressly stipulate that time will be of the essence. If time is of the essence, a delay may give rise to the right to terminate the contract and a right to recover damages.In the absence of express wording, for time to be of the essence it must be a condition of the contract. If the provision dealing with time is construed as an innominate term or a warranty, it...

Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

Payment in construction contracts (generic payer led)—flowchart

Payment in construction contracts (generic payer led)—flowchart This flowchart illustrates a generic, payer-led payment process under a construction contract between an employer and contractor. The process is compliant with the Housing Grants, Construction and Regeneration Act

CDM Regulations 2007—the role of contractors [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 came into force on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived].IntroductionContractors are those companies and individuals who actually carry out construction work. This hands-on’ role means that contractors are often those most at risk of suffering injury or otherwise damaging their health. The Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations) allow contractors to have a role in planning and managing the construction work. The Regulations apply alongside the general duty which is placed on employees to take reasonable care of their own health and safety and that of others which is set out at section 7 of the Health and Safety at Work etc. Act 1974 (HSWA 1974).Please note that any reference to the term ‘client’ in this note is synonymous with ‘employer’ as used...

Construction insolvency—how to spot problems and how to protect yourself—contractors

Spotting the early symptoms of employer insolvency•most importantly, a contractor needs to keep alert to the employer's financial status•the contractor should take heed of ongoing rumours about the employer's financial position (either in the press or by word of mouth)•look out for official announcements to shareholders/the stock market (for example, profit warnings)•note any surprising or uncommercial omissions from the project made by the employer•keep aware of the employer's non-payment or late payment of other parties on this project, or on other projects being carried out by the employer•clearly, if the employer suspends work on the scheme without any adequate explanation or without commercial rationale, this may be a sign that the employer is unwilling to finance further work•confirm suspicions by carrying out a Dun & Bradstreet search/report, which should disclose, for example, any unsatisfied court judgments against the employerIf the employer is insolvent, see Checklist: Contractor steps to take if employer becomes insolvent—checklist.Contractor methods of protecting itself in advanceThere are various ways in which a contractor can protect itself in...

Discover our 1115 Practice Notes on Contractor

Net contribution clauses (collateral warranty)

Net contribution 1

Re-measurement clause

Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i

Dive into our 363 Precedents related to Contractor

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B?

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B? The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that ‘A works with another nominated supplier B on our behalf’. ‘On our behalf’ indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which...

Do you have a straight forward contract for building works between a contractor and home owner?

Do you have a straight forward contract for building works between a contractor and home owner? We do not have a precedent contract in Lexis®PSL Construction that would suit these purposes. We suggest that an appropriate form of contract to use in these circumstances would be either: • JCT Building Contract and Consultancy Agreement for a Home Owner/Occupier,

See the 268 Q&As about Contractor

Construction adjudication–common themes and key takeaways

Construction analysis: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform’ ( Adjudication Report), confirms that adjudication continues to be a popular method of resolving disputes in the construction industry. In this article, Joseph Hale and Jennifer Fitzmaurice, partner and professional support lawyer at Eversheds Sutherland, consider the report and what the future might hold for statutory adjudication in the UK.

Corporate Crime weekly highlights—12 December 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the SFO’s call for compensation for whistleblowers in economic crime cases to aid their investigations. Also included is news of updated guidances from the FCDO and OFSI to reflect changes to OFSI enforcement powers, of the CMA consulting on draft consumer protection enforcement and unfair commercial practices guidances, of Spotlight on Corruption’s analysis of the NCA’s first Unexplained Wealth Order obtained last summer and of the SFO securing an additional 13-month prison sentence against already imprisoned Dr Gerald Martin Smith for obstructing the confiscation of his assets. All this, and more, in this week’s Corporate Crime highlights.

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