Building Contract for a homeowner/occupier who has not appointed a consultant to oversee the work.
About the Homeowner Contract for use in Scotland 2021:
- One copy of this contract should go to the customer and one to the contractor.
- This contract is for a homeowner/occupier who has not appointed a consultant to administer the contract. The customer deals directly with the contractor.
- 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 homeowner and the contractor. See Rules for Adjudication (HO/Adj/Scot)
- 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.
- Guidance Notes are included within the contract.
-
Part 1 (The arrangements for the work) covers:
the work to be done, planning permission and building warrant, 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, health and safety, changing the work details, extending the working period, payment, contractor’s continuing responsibility, bringing the contract to an end, right to cancel, insolvency, other rights and remedies, and law of the contract.
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 here
Appropriate Use:
Use this contract if you, the customer, deal directly with a builder working on your home. This contract is not generally suitable for large projects where you may need to employ a consultant to act for you.
For use in Scotland. Not for use in England and Wales.
Important Note: if you need a consultant to be involved during the work, the building contract will not be suitable. In this case you should use the Homeowner Contract with Consultant for use in Scotland.
Publisher: SBCC
Format: Paperback
ISBN: 9781909432512
SBCC Code: SBC593
Short Code: HO/Scot 2021
Publication Date: February 2025