* Now over 300 letters (30 more than last edition) * Fully updated with 2005 JCT contracts * Includes 2007 revisions to CDM Regulations and case law since 2003 * Model letters save time and money, and avoid legal mistakes * Includes free CD for use with PC or Mac.

Preface to the Fourth Edition xvii Introduction xix 1 Tendering 1Letters 1 To architect, requesting inclusion in list of tenderers 2 2 To architect, if no response to request for inclusion on list of tenderers 3 3 To architect, agreeing to tender 4 4 To architect, if contractor unwilling to tender 5 5 To architect, if contractor asked to provide information prior to inclusion on tender list 6 6 To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender 7 7 To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender 8 8 To architect, acknowledging receipt of tender documents 9 9 To architect, regarding questions during the tender period 10 10 To architect, requesting extension of tender period 11 11 To architect, withdrawing qualification to tender 12 12 To architect, if confirming offer where the overall price is dominant 13 13 To architect, if withdrawing offer where the overall price is dominant 14 14 To architect, if amending offer where the pricing document is dominant 15 15 To architect, if tender accepted (a) 16 16 To architect, if tender accepted (b) 17 17 To architect, if tender accepted (c) 18 18 To architect, if purporting to accept tender 19 19 To architect, if another tender accepted 20 2 Contract Documents 21Letters 20 To architect, returning contract documents 23 21 To architect, if mistakes in contract documents and previous 22 To architect, if mistakes in contract documents and no previous acceptance of tender 25 23 To architect, if contractor asked to commence before contract documents signed, but tender accepted 26 24 To architect, if contractor asked to commence before contract documents signed and tender not accepted 27 25 To architect, if contract not signed and certification due 28 3 Insurance and Other Project Planning Matters 29Letters 26 To architect, seeking approval to the names of insurers for employer’s liability 30 27 To architect, regarding contractor’s insurance (a) 31 28 To architect, regarding contractor’s insurance (b) 32 29 To employer, regarding contractor’s insurance (c) 33 30 To employer, within 21 days of acceptance of tender or renewal of insurance 34 31 To architect, after approval of insurers for employer’s liability 35 32 To architect, regarding professional indemnity insurance 36 33 To architect, if professional indemnity insurance is no longer available at commercially reasonable rates 37 34 To architect, if Joint Fire Code remedial measures are a variation 38 35 To architect, if Joint Fire Code remedial measures are a variation, but require emergency action 39 36 To employer, regarding employer’s insurance (a) 40 37 To employer, regarding employer’s insurance (b) 41 38 To employer, regarding employer’s insurance (c) 42 39 To employer, who fails to maintain insurance cover (a) 43 40 To employer, who fails to maintain insurance cover (b) 44 41 To architect and employer, if any damage occurs due to an insured risk (a) 45 42 To architect and employer, if any damage occurs due to an insured risk (b) 46 43 To architect, on receipt of letter of intent 47 44 To architect, if contractor asked to sign a warranty 48 45 To architect, on receipt of defective third party rights notice 49 46 To architect, on receipt of request for warranty 50 47 To architect, if contractor asked to supply a performance bond 51 48 To employer, if asked to execute a novation agreement 52 49 To architect, enclosing the construction phase plan 54 50 To architect, regarding person-in-charge or agent (a) 56 51 To architect, regarding the appointment of a site manager (b) 57 52 To architect, regarding consent to removal or replacement of site manager 58 53 To architect, if required to furnish names and addresses of operatives 59 54 To architect, if passes are required 60 55 To employer, regarding the employer’s representative 61 56 To employer, regarding the project manager 62 4 Operations on Site 63Letters 57 To employer, if possession not given on the due or the deferred date (a) 64 58 To employer, if possession not given on the due date (b) 66 59 To architect, if date for possession advanced 67 60 To employer, giving consent to the engagement of other persons 68 61 To employer, withholding consent to the engagement of other persons 69 62 To architect, regarding items in minutes of site meeting 70 63 To architect, enclosing master programme (a) 71 64 To architect, enclosing master programme (b) 72 65 To architect, enclosing revision to the master programme 73 66 To architect, requesting information 74 67 To architect, if insufficient information on setting out drawings 75 68 To architect, requesting information that setting out is correct 76 69 To architect, if information received late 77 70 To architect, if information not received in accordance with the information release schedule 78 71 To architect, if design fault in architect’s or consultant’s drawings 79 72 To architect, if a design fault in architect’s or consultant’s drawings which the architect refuses to correct 80 73 To architect, if contractor providing contractor’s design documents 81 74 To architect, who fails to return the contractor’s drawings in due time 82 75 To architect, if architect returns contractor’s design document marked ‘C’ 83 76 To architect, if architect confirms a comment on documents marked ‘C’ 84 77 To architect, if contractor providing contractor’s design documents 85 78 To architect, if contractor providing levels and setting out information 86 79 To architect, who returns contractor’s drawings with comments 87 80 To architect, if discrepancy found between documents 88 81 To architect, if discrepancy within the Employer’s Requirements 89 82 To architect, if discrepancy within the Contractor’s Proposals 90 83 To architect, if discrepancy found between Employer’s Requirements and Contractor’s Proposals 91 84 To architect, if alleging that contractor should have checked the design 92 85 To employer, pointing out design error in Employer’s Requirements 93 86 To architect, requesting directions to integrate the design 94 87 To architect, noting divergence between statutory requirements and other documents (a) 95 88 To architect, noting divergence between statutory requirements and other documents (b) 96 89 To architect, if emergency compliance with statutory requirements required 97 90 To architect, if a change in statutory requirements after base date 98 91 To architect, if development control decision after base date 99 92 To employer (not being a local authority), objecting to the nomination of a replacement architect 100 93 To employer (not being a local authority), objecting to the nomination of the employer as replacement architect 101 94 To employer, if replacement architect not appointed 102 95 To employer, objecting to the nomination of a replacement quantity surveyor 103 96 To architect, regarding directions issued on site by the clerk of works 104 97 To architect, regarding instructions issued on site by the clerk of works 105 98 To architect, if clerk of works defaces work or materials 106 99 To architect, if numerous ‘specialist’ clerks of works visiting site 107 100 To architect, if clerk of works instructs operatives direct 108 101 To quantity surveyor, submitting a Schedule 2 quotation 109 102 To architect, regarding verification of vouchers for daywork 110 103 To employer, if disagreement over whether work is a variation or included in the contract 111 104 To architect, requiring the specification of the clause empowering an instruction (a) 112 105 To architect, requiring the specification of the clause empowering an instruction (b) 113 106 To architect, confirming an oral instruction 114 107 To architect, requesting confirmation of an oral instruction 115 108 To architect, if oral instruction not confirmed in writing 116 109 To architect, objecting to exclusion of person from the Works (a) 117 110 To employer, objecting to exclusion of person from the Works (b) 118 111 To architect, objecting to instruction varying obligations or restrictions 119 112 To architect, withholding consent to instruction altering the design of the Works 120 113 To architect, if attempting to vary the Contractor’s Proposals 121 114 To architect, on receipt of 7 day notice requiring compliance with instruction (a) 122 115 To architect, on receipt of notice requiring compliance with instruction (b) 124 116 To architect, if instruction will affect the contractor’s designed portion 126 117 To architect withholding consent, if instruction will affect the contractor’s design 127 118 To architect, removal of unfixed materials 128 119 To architect, if materials are not procurable 129 120 To architect, if wishing to substitute materials or goods 130 121 To architect, after failure of work or materials or goods 131 122 To architect, if contractor objects to complying with a clause 3.15.1 instruction 132 123 To architect, after work opened up for inspection 133 124 To architect, if excavations ready for inspection 134 125 To architect, if issuing an instruction after ordering removal of defective work 135 126 To architect, if issuing instruction for opening up after ordering removal of defective work 136 127 To architect, if issuing instruction for removal of defective work 137 128 To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner 138 129 To architect, if work to be covered up 139 130 To architect, if antiquities found 140 5 Payment 142Letters 131 To architect, enclosing interim application for payment (a) 143 132 To architect, enclosing interim application for payment (b) 144 133 To quantity surveyor, submitting valuation application 145 134 To architect, if quantity surveyor fails to respond to the valuation application 146 135 To architect, if interim certificate not issued 147 136 To architect, if certificate insufficient 148 137 To employer, if payment not made in full and no withholding notice issued 149 138 To architect, regarding copyright if payment withheld 150 139 To employer, if the advance payment is not paid on the due date 151 140 To architect, if valuation not carried out in accordance with the priced activity schedule 152 141 To architect, if contractor not asked to be present at measurement 153 142 To architect, requesting payment for off-site materials 154 143 To employer, giving 7 days notice of suspension 155 144 To employer, if payment in full has not been made within 7 days despite notice of suspension 156 145 To employer, requesting interest on late payment 157 146 To employer, requesting retention money to be placed in a separate bank account 158 147 To employer, if failure to place retention in separate bank account 159 148 To architect, enclosing all information for preparation of final certificate 160 149 To architect, enclosing final account 161 150 To employer, disputing the final account 162 151 To architect, if final certificate not issued on the due date (a) 163 152 To architect, if final certificate not issued on the due date (b) 164 153 To architect, if final certificate not issued on the due date (c) 165 6 Extensions of Time 166Letters 154 To architect, if delay occurs, but no grounds for extension of time 167 155 To architect, when cause of delay ended if no grounds for extension of time 168 156 To architect, if delay occurs giving grounds for extension of time (a) 169 157 To architect, if delay occurs giving grounds for extension of time (b) 170 158 To architect, providing further particulars for extension of time (a) 171 159 To architect, providing further particulars for extension of time (b) 172 160 To architect, if requesting further information in order to grant extension of time 173 161 To architect, if unreasonably requesting further information in order to grant an extension of time 174 162 To architect, if extension of time is insufficient 175 163 To architect, who is not willing to reconsider an insufficient extension of time 176 164 To architect, if extension of time not properly attributed 177 165 To architect, if extension of time not granted within time stipulated 178 166 To architect, if slow in granting extension of time 179 167 To architect, if review of extensions not carried out (a) 180 168 To architect, if review of extensions not carried out (b) 181 169 To architect, if no final decision on extensions of time (c) 182 170 To architect, who alleges that contractor is not using best endeavours 183 171 To architect, if non-completion certificate or notice wrongly issued 184 172 To employer, if liquidated damages wrongfully deducted 185 173 To employer, if damages repaid without interest 186 7 Loss and/or Expense 187Letters 174 To architect, applying for payment of loss and/or expense (a) 188 175 To architect, applying for payment of loss and/or expense under the supplemental provisions (b) 189 176 To architect, applying for payment of loss and/or expense (c) 190 177 To architect, applying for payment of expense (d) 191 178 To architect, giving further details of loss and/or expense (a) 192 179 To architect or quantity surveyor, enclosing details of loss and/or expense (b) 193 180 To quantity surveyor, providing information for calculation of expense (c) 194 181 To architect, if ascertainment delayed (a) 195 182 To architect, if ascertainment delayed (b) 196 183 To architect, if ascertainment too small 197 184 To employer, regarding a common law claim 198 185 To employer, regarding a common law claim 199 8 Termination, Arbitration, Adjudication and Completion 200Letters 186 To employer or architect, if default notice served 201 187 To employer or architect, if default notice served justly 203 188 To employer, if premature termination notice issued 204 189 To employer who terminates after notification of cessation of terrorism cover 205 190 To employer, giving notice of default before termination 206 191 To employer, terminating employment after default notice 207 192 To employer, terminating employment on the employer’s insolvency 208 193 To employer, where either party may terminate 209 194 To employer, terminating if suspension has not ceased after notice 210 195 To employer, terminating employment after damage by insured risk 211 196 To employer, giving notice of intention to refer a dispute to adjudication 212 197 To nominating body, requesting nomination of an adjudicator 213 198 To adjudicator, enclosing the referral 214 199 To employer, if the adjudicator’s decision is in your favour 215 200 To employer, requesting concurrence in the appointment of an arbitrator 216 201 To appointing body, if there is no concurrence in the appointment of an arbitrator 217 202 To architect, if practical completion of the Works or a section imminent 218 203 To architect, if completion certificate wrongly withheld (a) 219 204 To architect, if completion statement wrongly withheld (b) 220 205 To employer, consenting to early use 221 206 To employer, consenting to partial possession (a) 222 207 To employer, consenting to partial possession (b) 223 208 To employer, issuing written statement of partial possession 224 209 To employer, refusing consent to partial possession 225 210 To architect, after receipt of schedule of defects 226 211 To architect, when making good of defects completed 227 212 To architect, returning drawings, etc. after final payment if requested 228 9 Sub-Contractors 229Letters 213 To employer, requesting consent to assignment 230 214 To employer, if asked to consent to assignment 231 215 To sub-contractor, assessing competence under the CDM Regulations 232 216 To a designer, assessing competence under the CDM Regulations 233 217 To architect, requesting consent to sub-letting 234 218 To employer, requesting consent to addition of persons to clause 3.8 list 235 219 To employer, giving consent to addition of person to clause 3.8 list 236 220 To sub-contractor: letter of intent 237 221 To sub-contractor, regarding part of the construction phase plan 238 222 To sub-contractor, enclosing part of the construction phase plan 239 223 To domestic sub-contractor, requiring a warranty if not noted in the invitation to tender 240 224 To domestic sub-contractor, requiring a warranty if not noted in the contract documents 241 225 To architect, if domestic sub-contractor refuses to provide a warranty which was not originally requested 242 226 To architect, objecting to a named person (a) 243 227 To architect, objecting to a nominated sub-contractor (b) 244 228 To architect, if contractor unable to enter into a sub-contract with named person (a) 245 229 To architect, if unable to enter into sub-contract with named person in accordance with particulars (b) 246 230 To architect, if some listed sub-contractors will not tender 247 231 To architect, if contractor enters into a sub-contract with named person 248 232 To architect, if contractor enters into contract with named person 249 233 To sub-contractor, regarding insurance 250 234 To sub-contractor that fails to maintain insurance cover 251 235 To sub-contractor, enclosing drawings 252 236 To sub-contractor, if asked to consent to assignment 253 237 To sub-contractor that sub-lets without consent 254 238 To sub-contractor, giving consent to sub-letting 255 239 To sub-contractor, if no person-in-charge 256 240 To sub-contractor, requiring compliance with direction 257 241 To sub-contractor that fails to comply with direction 258 242 To sub-contractor, if contractor dissents from alleged oral direction 259 243 To sub-contractor that wrongly confirms an oral direction 260 244 To sub-contractor that confirms an oral direction which was given 261 245 To sub-contractor, if non-compliant work allowed to remain 262 246 To sub-contractor, if defective work opened up 263 247 To sub-contractor, inspection after failure of work 264 248 To sub-contractor, after failure of work 265 249 To sub-contractor, accepting Schedule 2 quotation 266 250 To sub-contractor, rejecting Schedule 2 quotation 267 251 To sub-contractor, if necessary to measure work 268 252 To sub-contractor, fixing a new period for completion 269 253 To sub-contractor, fixing a new period for completion after practical completion of the sub-contract works 270 254 To sub-contractor, if no extension of time due 271 255 To sub-contractor, if claim for extension of time is not valid 272 256 To sub-contractor, if sub-contract works not complete by due date (a) 273 257 To sub-contractor, if sub-contract works not complete within the period for completion (b) 274 258 To sub-contractor, requesting further information in support of a financial claim 275 259 To sub-contractor, applying for payment of loss and/or expense (a) 276 260 To sub-contractor, applying for payment of loss and/or expense (b) 277 261 To sub-contractor, giving notice of an interim payment 278 262 To sub-contractor, enclosing payment 279 263 To sub-contractor, giving withholding notice 280 264 To adjudicator, enclosing written statement 281 265 To sub-contractor if adjudicator appointed, but there is no dispute 282 266 To adjudicator, if there is no dispute 283 267 To sub-contractor, if sub-contractor has wrongly sent 7 day notice of intention to suspend performance of obligations 284 268 To sub-contractor, if sub-contractor has correctly sent 7 day notice of intention to suspend performance of obligations 286 269 To sub-contractor, requesting documents for calculation of the final sub-contract sum 287 270 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (a) 288 271 To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (b) 289 272 To sub-contractor, enclosing final payment 290 273 To employer, giving notice of the named sub-contractor’s default 291 274 To sub-contractor, giving notice of default before termination 292 275 To sub-contractor, giving notice before determination 293 276 To architect, if termination of named person’s employment possible 294 277 To sub-contractor, terminating employment after default notice (a) 295 278 To sub-contractor, determining the sub-contract after notice (b) 296 279 To sub-contractor, determining the sub-contract without prior notice 297 280 To sub-contractor, terminating employment after termination of the main contract 298 281 To sub-contractor, termination on insolvency 299 282 To sub-contractor, if cessation of terrorism cover notified 300 283 To sub-contractor, notifying the employer’s election after cessation of terrorism cover notified 301 284 To sub-contractor that serves a default notice (a) 302 285 To sub-contractor that serves a default notice before determination (b) 303 286 To sub-contractor that serves notice of termination (a) 304 287 To sub-contractor that serves notice of determination (b) 306 288 To architect, if employment of named person terminated 308 289 To architect, if employment of named person terminated under ICSub/NAM/C clause 7.4, 7.5 or 7.6 309 290 To architect, if contractor instructed to carry out named person’s work after termination of named person’s employment 311 291 To architect, if contractor decides to sub-let after termination of named person’s employment 312 292 To employer, if money recovered after termination of named person’s employment 313 293 To sub-contractor, requesting details for the health and safety file 314 294 To sub-contractor, if contractor dissents from date of practical completion 315 295 To sub-contractor, notifying practical completion after earlier dissent 316 296 To sub-contractor, enclosing schedule of defects 317 297 To sub-contractor, directing that some defects are not to be made good 318 298 To sub-contractor, if deduction made under main contract for inaccurate setting out 319 299 To architect, if action threatened because of named person’s design failure 320 300 To sub-contract architect, engineer or other consultant, regarding professional indemnity insurance 321 301 To sub-contract architect, engineer or other consultant, if late in providing information 322 302 To sub-contract architect, engineer or other consultant, if action threatened because of design failure 323 303 To sub-contract architect, engineer or other consultant, at the end of a successful project 324 Index 325

Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send. This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations. The letters are for use with the following contracts: JCT Standard Building Contract (SBC),JCT Intermediate Building Contract (IC) and 'with contractor's design' (ICD),JCT Minor Works Building Contract (MW) and 'with contractor's design' (MWD),JCT Design and Build Contract (DB),JCT Standard Building Sub-Contract Conditions (SBCSub/C) and 'with sub-contractor's design' (SBCSub/D/C),JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C),JCT Intermediate Sub-Contract Conditions (ICSub/C) and 'with sub-contractor's design' (ICSub/D/C), andJCT Design and Build Sub-Contract Conditions (DBSub/C). There are also letters for use with GC/Works/1 and its subcontract. All of the letters in the book are available for download and use at the following url https://www.wiley.com/legacy/wileychi/chappell1/, along with details of how to access the material.

Preface to Fourth Edition. Introduction. 1. TENDERING. 2. CONTRACT DOCUMENTS. . 3. INSURANCE AND OTHER PROJECT PLANNING MATTERS. . 4. OPERATIONS ON SITE. . 5. PAYMENT. . 6. EXTENSIONS OF TIME. . 7. LOSS AND/OR EXPENSE. . 8. TERMINATION, ARBITRATION, ADJUDICATION AND COMPLETION. . 9. SUB-CONTRACTORS. Index