Job Book 9th Edition - Book - Page 260
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Stage 5 > Construction: Supplementary Material: 5/SM1
Signing the Building Contract
The form of Building Contract containing the Articles of Agreement is normally
sent first to the contractor, accompanied by the drawings listed in the Recitals and
the other contract documents as appropriate. Indicate where the contractor is to
sign (usually in the lower set of spaces). Documents returned by the contractor
should be examined carefully to see that they have been completed properly,
as requested in the covering letter.
The documents should then be passed to the employer, with a covering letter
asking the employer to date the Articles. Documents returned from the employer
should be examined carefully to see that they have been completed properly.
Signing confirmed
Instead of signing separately, the parties may agree to meet at some convenient
place and complete the execution of the Building Contract in each other’s
presence.
If the Building Contract is to be executed as a simple contract, only the signatures
of both parties are necessary. The signatures of witnesses – desirable, although
not a legal necessity – confirm the existence of the agreement.
If the Building Contract is to be executed as a deed then appropriate wording
should be used for the attestation clause. Special wording may be required
depending on the memorandum or standing orders of an authority or corporate
body.
The manner of execution of the main contract does not necessarily mean that
subcontracts or collateral agreements have to be similarly executed. However,
thought should be given to this matter so as to avoid confusion and unnecessary
complications and costs.
It is sometimes stated in the contract conditions who is to have custody of the
original contract documents – usually the employer. The documents should be
kept in a secure fireproof place. Copies of the contract documents should be
suitably endorsed, for example: ‘This is a certified copy of the Agreement dated . . .
between . . . and . . .’ and signed by the architect. A set is given to the contractor;
the architect would be wise to keep another complete set safe in the office.
