Homeowner Contract with Consultant for use in Scotland 2021 Edition

Building contract for a homeowner / occupier who has appointed a consultant to oversee the work.

About the Homeowner Contract (with Consultant) and Consultancy Agreement for use in Scotland 2021:

• This document is made up of two parts, HO/C/Scot and HO/CA/Scot. One copy of the contract (HO/C/Scot) should go to the customer and one to the contractor. One copy of consultancy agreement (HO/CA/Scot) should go to the customer and one to the consultant.
• Guidance Notes are included within the contract and consultancy agreement.

HO/C/Scot 2021

• This contract is for a homeowner/occupier who has appointed a consultant to administer the contract on their behalf.
• 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 home owner 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.
• Part 1 (The arrangements for the work) covers:
  the work to be done, planning permission, building regulations and party walls, 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, the consultant’s roles, health and safety, changing the work details, extending the working period, certifying finished work and making good, payment, contractor’s continuing responsibility, bringing the contract to an end, right to cancel, insolvency, other rights and remedies, law of the contract.

HO/CA/Scot 2021

• This agreement is for use between a homeowner/occupier and a consultant (e.g. architect, engineer or surveyor) who is to provide services.
• It covers a range of services that the consultant can provide, such as producing designs and detailed specifications for the work, applying for planning permission and building regulations approval, and inspecting the building work while it is being done.
• This agreement is designed for use with the Building Contract for a homeowner/occupier who has appointed a consultant. It may however be used independently of this contract, but care must be taken to ensure it is compatible with the building contract.
• This is a consumer agreement for a residential occupier, therefore it is excluded from the provisions of the Construction Act. However, the agreement provides for adjudication in the event of a dispute between the home owner/occupier and the consultant. See Rules for Adjudication (HO/Adj/Scot).
• Part 1 (The consultant's services) covers:
  the services, consultant's fees, insurance, disputes.
• Part 2 (The conditions) covers:
  consultant’s responsibilities, customer’s responsibilities, changing the services, paying the consultant's fee, consultant’s continuing responsibility, copyright, bringing this agreement to an end, right to cancel, other rights and remedies, law of the agreement.
• 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 for:

This contract is for work to be carried out by a building contractor for a home owner/occupier (the customer) who has appointed a consultant.

For use in Scotland. Not for use in England and Wales.

Important note:

If you don't want the consultant to deal directly with the builder, the building contract will not be suitable. In this case you should use the SBCC Homeowner Contract for Use in Scotland.