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Standard Letters for

Building Contractors

Other books by David Chappell


The JCT Intermediate Building Contracts 2005
Third Edition
David Chappell
978-1-4051-4049-2
The JCT Minor Works Building Contracts 2005
Fourth Edition
David Chappell
978-1-4051-5271-6
The JCT Design and Build Contract 2005
Third Edition
David Chappell
978-1-4051-5924-1
Building Contract Claims
Fourth Edition
David Chappell, Vincent Powell-Smith and John Sims
978-1-4051-1763-0
Parriss Standard Form of Building Contract
Third Edition
David Chappell
978-0-632-02195-6
Building Contract Dictionary
Third Edition
David Chappell, Derek Marshall, Vincent Powell-Smith and Simon Cavender
978-0-632-03964-7
Standard Letters in Architectural Practice
Fourth Edition
David Chappell
978-1-4051-7965-2
Contractual Correspondence for Architects and Project Managers
Fourth Edition
David Chappell
978-1-4051-3514-6

Standard Letters for


Building Contractors
Fourth Edition

David Chappell
BA (Hons Arch), MA (Arch), MA (Law), PhD, RIBA
Building Contracts Consultant
David Chappell Consultancy Limited


C

1987, 1994, 2003, 2008 by David Chappell

Blackwell Publishing editorial ofces:


Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK
Tel: +44 (0)1865 776868
Blackwell Publishing Inc., 350 Main Street, Malden, MA 02148-5020, USA
Tel: +1 781 388 8250
Blackwell Publishing Asia Pty Ltd, 550 Swanston Street, Carlton, Victoria 3053, Australia
Tel: +61 (0)3 8359 1011
The right of the Author to be identied as the Author of this Work has been asserted in accordance
with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior
permission of the publisher.
Designations used by companies to distinguish their products are often claimed as trademarks. All
brand names and product names used in this book are trade names, service marks, trademarks or
registered trademarks of their respective owners. The Publisher is not associated with any product or
vendor mentioned in this book.
This publication is designed to provide accurate and authoritative information in regard to the
subject matter covered. It is sold on the understanding that the Publisher is not engaged in rendering
professional services. If professional advice or other expert assistance is required, the services of a
competent professional should be sought.
First published 1987 by The Architectural Press
Second edition published 1994 by Blackwell Scientic Publications
Third edition published 2003 by Blackwell Science
Fourth edition published 2008 by Blackwell Publishing Ltd.
ISBN-13: 978-1-4051-7789-4
Library of Congress Cataloging-in-Publication Data
Chappell, David.
Standard letters for building contractors / David Chappell. 4th ed.
p. cm.
Includes index.
ISBN-13: 978-1-4051-7789-4 (hardback : alk. paper)
1. Construction industryLaw and legislationGreat BritainForms.
2. Construction contractsGreat BritainForms. 3. Construction industryGreat
BritainRecords and correspondenceForms. I. Title.
KD2435.C43 2008
346.41 07869dc22
2007025763
A catalogue record for this title is available from the British Library
Set in 10/13 Palatino by Aptara Inc., New Delhi, India
Printed and bound in Singapore by Markono Print Media Pte Ltd
The publishers policy is to use permanent paper from mills that operate a sustainable forestry policy,
and which has been manufactured from pulp processed using acid-free and elementary chlorine-free
practices. Furthermore, the publisher ensures that the text paper and cover board used have met
acceptable environmental accreditation standards.
For further information on Blackwell Publishing, visit our website:
www.blackwellpublishing.com/construction

Contents

Preface to the Fourth Edition


Introduction
1

Tendering
Letters
1
To architect, requesting inclusion in list of tenderers
2
To architect, if no response to request for inclusion on list
of tenderers
3
To architect, agreeing to tender
4
To architect, if contractor unwilling to tender
5
To architect, if contractor asked to provide information prior
to inclusion on tender list
6
To architect, if the contractor is informed that the tender date
is delayed and is still willing to submit tender
7
To architect, if the contractor is informed that the tender date
is delayed and is unwilling to tender
8
To architect, acknowledging receipt of tender documents
9
To architect, regarding questions during the tender period
10
To architect, requesting extension of tender period
11
To architect, withdrawing qualication to tender
12
To architect, if conrming offer where the overall price is dominant
13
To architect, if withdrawing offer where the overall price
is dominant
14
To architect, if amending offer where the pricing document is
dominant
15
To architect, if tender accepted (a)
16
To architect, if tender accepted (b)
17
To architect, if tender accepted (c)
18
To architect, if purporting to accept tender
19
To architect, if another tender accepted
Contract Documents
Letters
20
To architect, returning contract documents
21
To architect, if mistakes in contract documents and previous
acceptance of tender

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24

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Contents
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23
24
25

To architect, if mistakes in contract documents and no


previous acceptance of tender
To architect, if contractor asked to commence before contract
documents signed, but tender accepted
To architect, if contractor asked to commence before contract
documents signed and tender not accepted
To architect, if contract not signed and certication due

Insurance and Other Project Planning Matters


Letters
26 To architect, seeking approval to the names of insurers for
employers liability
27 To architect, regarding contractors insurance (a)
28 To architect, regarding contractors insurance (b)
29 To employer, regarding contractors insurance (c)
30 To employer, within 21 days of acceptance of tender or
renewal of insurance
31 To architect, after approval of insurers for employers liability
32 To architect, regarding professional indemnity insurance
33 To architect, if professional indemnity insurance is no longer
available at commercially reasonable rates
34 To architect, if Joint Fire Code remedial measures are a variation
35 To architect, if Joint Fire Code remedial measures are a
variation, but require emergency action
36 To employer, regarding employers insurance (a)
37 To employer, regarding employers insurance (b)
38 To employer, regarding employers insurance (c)
39 To employer, who fails to maintain insurance cover (a)
40 To employer, who fails to maintain insurance cover (b)
41 To architect and employer, if any damage occurs due to an
insured risk (a)
42 To architect and employer, if any damage occurs due to an
insured risk (b)
43 To architect, on receipt of letter of intent
44 To architect, if contractor asked to sign a warranty
45 To architect, on receipt of defective third party rights notice
46 To architect, on receipt of request for warranty
47 To architect, if contractor asked to supply a performance bond
48 To employer, if asked to execute a novation agreement
49 To architect, enclosing the construction phase plan
50 To architect, regarding person-in-charge or agent (a)
51 To architect, regarding the appointment of a site manager (b)
52 To architect, regarding consent to removal or replacement of
site manager

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26
27
28
29

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42
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Contents
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56
4

To architect, if required to furnish names and addresses of


operatives
To architect, if passes are required
To employer, regarding the employers representative
To employer, regarding the project manager

Operations on Site
Letters
57 To employer, if possession not given on the due or the
deferred date (a)
58 To employer, if possession not given on the due date (b)
59 To architect, if date for possession advanced
60 To employer, giving consent to the engagement of other persons
61 To employer, withholding consent to the engagement of
other persons
62 To architect, regarding items in minutes of site meeting
63 To architect, enclosing master programme (a)
64 To architect, enclosing master programme (b)
65 To architect, enclosing revision to the master programme
66 To architect, requesting information
67 To architect, if insufcient information on setting out drawings
68 To architect, requesting information that setting out is correct
69 To architect, if information received late
70 To architect, if information not received in accordance with
the information release schedule
71 To architect, if design fault in architects or consultants
drawings
72 To architect, if a design fault in architects or consultants
drawings which the architect refuses to correct
73 To architect, if contractor providing contractors design
documents
74 To architect, who fails to return the contractors drawings in
due time
75 To architect, if architect returns contractors design
document marked C
76 To architect, if architect conrms a comment on documents
marked C
77 To architect, if contractor providing contractors design
documents
78 To architect, if contractor providing levels and setting out
information
79 To architect, who returns contractors drawings with comments
80 To architect, if discrepancy found between documents
81 To architect, if discrepancy within the Employers Requirements

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viii

Contents
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To architect, if discrepancy within the Contractors Proposals


To architect, if discrepancy found between Employers
Requirements and Contractors Proposals
To architect, if alleging that contractor should have checked
the design
To employer, pointing out design error in Employers
Requirements
To architect, requesting directions to integrate the design
To architect, noting divergence between statutory
requirements and other documents (a)
To architect, noting divergence between statutory
requirements and other documents (b)
To architect, if emergency compliance with statutory
requirements required
To architect, if a change in statutory requirements after base date
To architect, if development control decision after base date
To employer (not being a local authority), objecting to the
nomination of a replacement architect
To employer (not being a local authority), objecting to the
nomination of the employer as replacement architect
To employer, if replacement architect not appointed
To employer, objecting to the nomination of a replacement
quantity surveyor
To architect, regarding directions issued on site by the clerk
of works
To architect, regarding instructions issued on site by the clerk
of works
To architect, if clerk of works defaces work or materials
To architect, if numerous specialist clerks of works visiting site
To architect, if clerk of works instructs operatives direct
To quantity surveyor, submitting a Schedule 2 quotation
To architect, regarding verication of vouchers for daywork
To employer, if disagreement over whether work is a
variation or included in the contract
To architect, requiring the specication of the clause
empowering an instruction (a)
To architect, requiring the specication of the clause
empowering an instruction (b)
To architect, conrming an oral instruction
To architect, requesting conrmation of an oral instruction
To architect, if oral instruction not conrmed in writing
To architect, objecting to exclusion of person from the Works (a)
To employer, objecting to exclusion of person from the Works (b)
To architect, objecting to instruction varying obligations
or restrictions

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Contents
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130
5

To architect, withholding consent to instruction altering the


design of the Works
To architect, if attempting to vary the Contractors Proposals
To architect, on receipt of 7 day notice requiring compliance
with instruction (a)
To architect, on receipt of notice requiring compliance with
instruction (b)
To architect, if instruction will affect the contractors
designed portion
To architect withholding consent, if instruction will affect the
contractors design
To architect, removal of unxed materials
To architect, if materials are not procurable
To architect, if wishing to substitute materials or goods
To architect, after failure of work or materials or goods
To architect, if contractor objects to complying with a
clause 3.15.1 instruction
To architect, after work opened up for inspection
To architect, if excavations ready for inspection
To architect, if issuing an instruction after ordering removal
of defective work
To architect, if issuing instruction for opening up after
ordering removal of defective work
To architect, if issuing instruction for removal of defective work
To architect, if wrongly issuing instruction following failure
to carry out the work in a proper and workmanlike manner
To architect, if work to be covered up
To architect, if antiquities found

Payment
Letters
131 To architect, enclosing interim application for payment (a)
132 To architect, enclosing interim application for payment (b)
133 To quantity surveyor, submitting valuation application
134 To architect, if quantity surveyor fails to respond to the
valuation application
135 To architect, if interim certicate not issued
136 To architect, if certicate insufcient
137 To employer, if payment not made in full and no
withholding notice issued
138 To architect, regarding copyright if payment withheld
139 To employer, if the advance payment is not paid on the due date
140 To architect, if valuation not carried out in accordance with
the priced activity schedule
141 To architect, if contractor not asked to be present at measurement

ix

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153

Contents
142 To architect, requesting payment for off-site materials
143 To employer, giving 7 days notice of suspension
144 To employer, if payment in full has not been made within
7 days despite notice of suspension
145 To employer, requesting interest on late payment
146 To employer, requesting retention money to be placed in a
separate bank account
147 To employer, if failure to place retention in separate bank account
148 To architect, enclosing all information for preparation of nal
certicate
149 To architect, enclosing nal account
150 To employer, disputing the nal account
151 To architect, if nal certicate not issued on the due date (a)
152 To architect, if nal certicate not issued on the due date (b)
153 To architect, if nal certicate not issued on the due date (c)

Extensions of Time
Letters
154 To architect, if delay occurs, but no grounds for extension of time
155 To architect, when cause of delay ended if no grounds for
extension of time
156 To architect, if delay occurs giving grounds for extension
of time (a)
157 To architect, if delay occurs giving grounds for extension
of time (b)
158 To architect, providing further particulars for extension of time (a)
159 To architect, providing further particulars for extension of time (b)
160 To architect, if requesting further information in order to
grant extension of time
161 To architect, if unreasonably requesting further information
in order to grant an extension of time
162 To architect, if extension of time is insufcient
163 To architect, who is not willing to reconsider an insufcient
extension of time
164 To architect, if extension of time not properly attributed
165 To architect, if extension of time not granted within
time stipulated
166 To architect, if slow in granting extension of time
167 To architect, if review of extensions not carried out (a)
168 To architect, if review of extensions not carried out (b)
169 To architect, if no nal decision on extensions of time (c)
170 To architect, who alleges that contractor is not using best
endeavours
171 To architect, if non-completion certicate or notice wrongly
issued

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