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Status Note amended March 2013

CONCODE

Guide to the JCT Agreement for minor works

1994

STATUS IN WALES

ARCHIVED

Guideto

the JCT Agreement forminor building works

up to & including Amendment no 2

London: HMSO

ITa EstatesAn Executive Agency of the Department of Health

0 Crown copyright 1994First published 1994

ISBN 0 11 321729 3

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About this publication

This publication provides guidance on

the ‘JCT Agreement for minor building

works’ published in 1980 for the Joint

Contracts Tribunal. It provides advice on

the amendments necessary to the

contract to comply with Government

and Departmental policy, as well as

good professional practice in respect of

the use of the contract by NHS trusts

and authorities.

Guidance on the ‘JCT Agreement for

minor building works’ is currently

contained in Part 1 Chapter 3 of

‘Concode’ (the NHS’s code of procedure

for building procurement).

The procedures to be adopted in the

selection and appointment of either

individual firms of consultants to design

and supervise the work, or contractors

to carry out the work will be the subject

of a future publication.

This guide is one of a series of

documents that will gradually phase out

the current version of ‘Concode’.

This document is not appropriate for use

by NHS trusts and authorities in

Scotland.

Contents

About this publication

1 Introduction 33page1.1 General1.6 Government and Departmental policy requirements1.9 Use in the NHS1.16 JCT Practice Notes

2 Examination and completion of theagreement page 5

2.1 General2.6 The agreement2.7 Recitals

2.8 First recital2.12 Second recital2.14 Third recital2.15 Fourth recital2.16 Fifth recital

2.17 Articles2.18 Article22.19 Article32.20 Article 4

2.2 1 Attestation2.23 Contract conditions

2.23 Clause 1 .0: intention of the parties2.24 Clause 2.0: commencement and completion2.30 Clause 3.0: control of the works2.37 Clause 4.0: payment2.50 Clause 5.0: statutory obligations2.54 Clause 6.0: injury, damage and insurance2.77 Clause 7.0: determination2.80 Clause 8.0: Supplementary Memorandum2.82 Clause 9.0: settlement of disputes-arbitration

Appendix I- JCT Agreement for minor buildingworks (1980 edition) with SupplementaryMemorandum-publisher’s amendments page 18

Appendix 2 -Value Added Tax page 19

Appendix 3 -Attestation page 2 1

Appendix 4 - liquidated and ascertaineddamages page 24

Appendix 5 - Sub-contractors page 25

Appendix 6 - Claims and their settlement page 26

Appendix 7 -Works insurance page 27

Appendix 8 -Contract conditions-checklist page 30

Bibliography page 32

Other publications in this series page 33

About NHS Estates page 34

1 .0 Introduction

General

1.1 The ‘JCT Agreement for minor building works’ ispublished for the Joint Contracts Tribunal (JCT)by:

RIBA Publications Ltd.Finsbury Mission,39 Moreland Street,London EC 1 V 8BB.

1.2 Extracts from the document have been reproducedwith the permission of the copyright holder: RIBAPublications 1980.

1.3 The ‘JCT Agreement for minor building works’ (theagreement) was first published in June 1968, was laterrevised, but is now wholly superseded by the January 1980edition with its ‘Supplementary Memorandum’. ‘PracticeNote Ml’ indicates the differences between the twoeditions.

1.4 Appendix 1 lists the published amendments to theagreement which have been considered and incorporatedin this guidance.

1.5 ‘Practice Note M2’ issued in August 1981 and revisedin September 1988 (which replaces the Head Note on theagreement issued in January 1980) describes the type ofwork for which the JCT considers the agreement issuitable.

Government and Departmental policy

requirements

1.6 Guidance on the implementation of Government andDepartmental policy on contract provisions as stated in‘Contracts and commissions for the NHS Estate - Policy’ isincluded in this guide.

Project director

1.7 NHS trusts and authorities must appoint a projectdirector for all projects on which the ‘JCT Agreement forminor building works’ is used. This may be a seniormember of management with responsibility for a numberof minor works contracts or an individual responsible for aspecific contract. The project director will be an officer ofthe NHS trust or authority who, where they are nottechnically qualified or experienced, will commissionsuitable professional support. When referring to guidanceproduced by Central Unit on purchasing, HM Treasury,

NHS trusts and authorities should substitute the term“project sponsor” for project director. NHS trusts andauthorities should refer to what is currently called the‘Capital Investment Manual’ for more details on the rolesand duties of the project director/sponsor.

Project manager

1.8 NHS trusts and authorities must appoint projectmanagers for all major capital schemes. However, forsmaller or less complex schemes, such as those on whichthe agreement will mainly be used, project managementduties could be carried out by a member of the designteam, for example architect, building surveyor etc. inaddition to their normal duties. In Wales, the detailedarrangements outlined in the Agency Agreement(WHC(89)2) are currently being reviewedand will shortly be the subject of further guidance.

Use in the NHS

1.9 The Department is in general agreement with theJCT’s views on the use of the agreement as set out in:

l ‘JCT Practice Note M2’;

l 'JCT Practice Note 20: deciding on the appropriate form of JCT main contract’.

1.10 The advice in JCT Practice Notes M2 and 20, andthe Department’s comments and recommendations set outhereinafter should be observed. It must be appreciatedthat the conditions in the agreement are extremely briefand do not contain fully detailed provisions (such as thosecontained in the JCT Standard Form of Building Contractand the JCT Intermediate Form of Building Contract)regarding procedures to be followed in the event of delaysand other matters that may arise.

1.11 Where the work is complex or where there is apossibility of numerous variations or significant disruptionof progress, the use of the JCT Standard Form of BuildingContract or the JCT Intermediate Form of BuildingContract may be more appropriate than the agreement.

1.12 The JCT advises that the agreement is generallysuitable for contracts up to the value of £100,000 at 1993prices. However, the Department sees no reason why itshould not be used for suitable contracts of a value inexcess of £100,000. The scope and extent of the worksmust be fully detailed in the tender documents and nodesign responsibility placed on the contractor.

Previous pageis blank

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1.0 Introduction

1.13 The agreement is not suitable:

a. for works where bills of quantities have beenprepared;

b. for works where the employer and/or the architect/contract administrator wish to nominate sub-contractors and/or suppliers;

c. for contracts of such extended duration that fulllabour, material and tax fluctuations would berequired;

d. for works of a complex nature or which involvecomplex services;

e. for contracts where the contractor has a designresponsibility.

1.14 When considering the suitability of the agreementfor building and engineering works, the following pointsshould be taken into account:

a. the estimated time scale in which the proposedworks are to be completed;

b. the estimated value of the works;

c. the relative complexity of the works;

d. the skill level required;

e. the financial and technical capacity of potentialcontractors;

f. the potential level of disruption.

1.15 Works for which the agreement may be suited are:

l single or few trade contracts, for exampleredecoration, re-roofing, rewiring;

l multiple trade contracts of a domestic character suchas small domestic or health building extensions,small new buildings;

l simple modernisation to buildings in reasonablestructural order.

All decisions on the use of the agreement must bedependant on the relevant circumstances.

JCT Practice Notes

1.16 JCT Practice Notes are published separately fromthe forms of contract and contain comment and guidanceon various aspects of the forms and their use. NHS trustsand authorities are recommended to instruct staff chargedwith the management of contracts to study them andapply the advice therein, except where they areincompatible with Government or Department policies.

1.17 The following JCT Practice Notes are of particularinterest to users of the agreement:

l ‘Practice Note 6: Value Added Tax’ (under revision byJCT);

l ‘Practice Note 20: deciding on the appropriate formof JCT main contract’;

l ‘Practice Note 23: a contract sum analysis’.

2.0 Examination and completion of the agreement

General

2.1 The agreement is examined in this section in the order of its parts andclauses, and guidance is given on its completion and amendment. It should benoted that not all the clauses are commented upon. A checklist has beenincorporated at Appendix 8.

2.2 Where the ‘JCT Agreement for minor building works’ is used, thespecification or other tender documents must state the revision date and JCTamendments to be incorporated. It must clearly set out all amendments that theemployer will make in the printed agreement when preparing the document forexecution by himself and the contractor.

2.3 It should be noted that within the agreement, the NHS trust or authority isdescribed as “the employer”.

2.4 Amendments to the agreement arise from two sources:

a. JCT amendments to the agreement: the tender documents should statewhich JCT amendments, if any, are to be incorporated. The amendmentscontain guidance on the content and instructions on use. The Departmentrecommends that generally the page(s) of the amendment(s) should be cutout and attached to the agreement; the amendment(s) should be initialledby or on behalf of the parties;

b. employer amendments to the agreement: these must be made in black inkand insertions must be typed. Each amendment must be initialled by thecontractor and the employer when executing the contract. It is goodpractice for each amendment to be identified for initialling by the parties.

2.5 It is important that the execution of the contract documents is carried outprior to the contractor being given possession of the site. The original of theexecuted contract is retained by the employer in safe-keeping and a certifiedtrue copy shall be provided by the employer to the contractor free of charge.

The agreement

2.6 The addresses of registered offices will normally be the addresses to whichnotices, instructions, etc will be sent. If either party wishes to have documents,communications etc delivered to addresses other than those entered in theagreement, then this should be clearly stated in the contract documents.

Recitals

2.7 The recitals are statements which explain and set out the purpose of thecontract and the facts upon which the contract is based.

First recital

2.8 Insert an adequate description to identify the work to be carried out, thelocation of the project and the name of the organisation administering thecontract on behalf of the employer. A full description of the works must begiven in the tender and contract documents.


Commentary

2.9 In accordance with footnote (a) of the agreement, delete the discipline ofthe person not selected by the employer to administer the contract.

Notes/amendments

2.10 Insert the numbers of the drawings (including any revision suffix ifappropriate) included with the tender documents or annex a list if the space isinadequate. The drawings, specification and schedules which comprise the“contract documents” must be signed by the contractor and the employer andbe attached to the executed agreement.

2.11 The drawings, specification and/or schedules must be sufficient toadequately indicate the full scope and extent of the works and set out anyobligations or restrictions imposed by the employer.

Second recital

2.12 The second recital refers to the contractor having priced the specificationor the schedules, or having provided a schedule of rates. Delete documents notbeing used in accordance with footnote (b) and information must be consistentwith that in the first recital.

2.13 The decision as to what documents should be prepared by the employerand priced by the contractor depends largely on the nature of the work to becarried out. It is important to the satisfactory financial management of thecontract that sufficiently detailed information on the rates and prices used by thecontractor in calculating the sum inserted in Article 2 of the form is available forvaluing variations and the expenditure of any provisional sums, and the makingof payments. If it is envisaged that provisional sums and variation instructions arelikely to be issued on a minor works contract at the time of preparing the tenderdocuments, then the importance of obtaining adequate price information withinthe tender documents is increased.

Third recital

2.14 The third recital states that the contract documents have been signed byor on behalf of both parties. If the contractor has provided a schedule of rates,this is not required to be signed by both parties as it is not a contract documentas defined in the first recital.

Fourth recital

2.15 The fourth recital provides for the appointment of a quantity surveyorshould one be required in connection with the contract. Whilst the JCT StandardForm of Building Contract (1980 edition) specifies the duties of a quantitysurveyor, there are no further references to a quantity surveyor in theconditions of the agreement nor are there any provisions of any kindwhich impose duties on a quantity surveyor in connection with theagreement. Where a quantity surveyor is not appointed, the tenderdocuments should state that the function of the quantity surveyor will beexercised by the architect/contract administrator. The names and addresses ofother organisations that may be involved in the execution of the works shouldbe given in the tender documents, for example mechanical and electrical serviceengineers and structural engineers.

Delete either “the architect” or “thecontract administrator”.See Footnote (a) of the agreement

Delete references to “drawings”,“specification” and “schedules“where not appropriate

See footnote (b) of the agreement

Delete references to “drawings”,“specification” and “schedules”where not appropriate. (See firstrecital of the agreement)See footnote (b) of the agreement

See clauses 3.6 and 3.7 of theagreement

See clauses 4.1, 4.2 and 4.3 of theagreement

Schedules of rates should be clearlyendorsed to establish that it is theschedule for the purposes of clause3.6: variations

See first recital of the agreement

The appointment of a quantitysurveyor is at the employer’sdiscretion. The decision will dependon the nature of the work to becarried out and the professionaldiscipline of the person appointed asthe architect/contract administratorEither insert the name of theappointed quantity surveyor ordelete the fourth recital. Seefootnote (b) of the agreement


Commentary Notes/amendments

Fifth recital

2.16 Amendment MW9: 1995 introduced an additional fifth recitalconcerning the Construction (Design and Management) Regulations 1994,However, Amendment MW4: 1987 also introduced a fifth recital for usewhen a guarantee/warranty is to apply in respect of the Works. If theprocedures for the selection of tenderers have been correctly followed, itshould not be necessary to obtain a separate guarantee/warranty on theperformance of the contractor executing the works.

Articles

2.17 The articles incorporate the conditions and other contract documentsby reference.

Article 2

2.18 Insert the contract sum (excluding Value Added Tax - VAT) in wordsand figures. The contract sum will normally be the tender sum unless it hasbeen varied by agreement of the parties; for example where the NHS trustor authority varies the work in the tender before the contract is executedCopies of the accepted tender and supporting documents returned with itby the contractor together with copies of any letters and documents varyingthe tender sum or the conditions upon which the tender was invited, shouldbe bound into the contract specification and/or schedules. These becomepart of the contract documents.

Article 3

2.19 Insert the name of the organisation administering the contract onbehalf of the employer.

Article 4

2.20 Delete the alternative not required dependent upon the professionaldiscipline of the president or vice-president selected by the employer as theappointor of the arbitrator. This appointment will occur if the employer andcontractor are unable to agree on a person as the arbitrator in the event ofany dispute or difference. The discipline selected by the employer willdepend on the nature of the work to be carried out.

Attestation

2.21 This page of the agreement provides for signatures if the agreementis to be executed under hand.

See fifth recital and Part E of the‘Supplementary Memorandum’ to theagreement in AmendmentMW4: 1987.

NHS trusts and authorities shouldnormally delete the fifth recital andPart E of the ‘SupplementaryMemorandum’ to the agreement.However, if it is used it should berenumbered recital number 6, andrecital number 6 contained in the‘Supplementary Memorandum’ shouldbe renumbered as recital number 7.

See ‘Supplementary Memorandum’Part B - Value Added Tax

See paragraphs 2.50 and 2.69, andAppendix 2 for further informationon Value Added Tax

Delete either “of the Royal Institute ofBritish Architects” or “of the RoyalInstitution of Chartered Surveyors”

See footnote (b 3) of of the agreement

See page 2 of the agreement.

BPT 19/1: Amendment No 2: Minor Works Agreement

8


2.22 This page provides a space for execution as a deed. NHS trusts andauthorities are recommended to obtain specific legal advice when the partiesexecuting the contract as a deed do not conform to the categories identifiedin the JCT’s ‘Note to users’.

Contract conditions

Clause 1.0: intention of the parties

Clause 1.1: contractor’s obligation

2.23 The terms of the contractor’s obligation should be noted. Thisobligation does not require the contractor to undertake or be responsible fordesign, selection of materials or goods, or satisfaction of any performancespecification. All these matters must be fully determined by the architect/contract administrator and set out in the contract documents(or later instructions).

Clause 2.0: commencement and completion

Clause 2.1: commencement and completion

2.24 The date for completion may be stated as a period of consecutiveweeks (inclusive of holidays) after the date for commencement.

Clause 2.2: extension of contract period

2.25 It is very important for NHS trusts and authorities to ensure that thecontractor has the site available on the date fixed for commencement. Failureby the employer to make the site available is a breach of contract. His ability toapply liquidated damages will be compromised and it is a reason for thecontractor to determine the contract (clause 7.2.2).

2.26 This clause should be amended to remind the contractor that noextensions of time will be granted for circumstances that should have beenforeseen at the time of tender.

Insert the following additional sentenceat the end of clause 2.2 on page 5 ofthe agreement.

“save that the Contractor shall not beentitled to any extension of time byany circumstance that the Contractorcould reasonably be expected to haveforeseen at the date of tender that adelay caused by that circumstance waslikely to occur.”

Insert the dates stated in the tenderdocuments or agreed with thecontractor (as the case may be)

The contractor should not be requiredto prepare and submit any drawings.Every drawing necessary for thecarrying out of the works (other thanany “shop drawings” that thecontractor may choose to prepare forhis own convenience) must beprovided for him by thearchitect/contract administrator

See page 3 of the agreement

The JCT has issued a ‘Note to users:attestation (NTU 12/90)’ regardingattestation of contracts as deedsincluding specimen forms of wording(see Appendix 3)

NHS trusts and authorities are advisedto ensure that all important contractsare executed under seal to providethem with the maximum protectionavailable (see Appendix 3). Theirstanding orders or standing financialinstructions should refer to this.



Clause 2.3: Damages for non-completion

2.27 Information on the methods of assessment of the rate for liquidateddamages can be found in Appendix 4. When calculating the rate ofliquidated damages, the NHS trust or authority’s director of finance shouldbe asked if there are any demonstrable special revenue features of theproject which would warrant a sum differing from that based upon the lossof amenities method.

Insert the rate of liquidated damagesper day as stated in the tenderdocuments

See Appendix 4 for further informationon liquidated and ascertained damages

Clause 2.5: defects liability

2.28 When the works include engineering work or landscaping, it may beconsidered necessary to specify a period of 12 months in order to providethe employer with a defects liability period through one complete climaticyear. This period should never extend beyond 12 months, On no accountshould any attempt be made to specify different periods for “building”," engineering” and ” landscaping” works. There must be only one periodand this will apply to the whole of the works.

If the defects liability period stated inthe tender documents is other thanthree months delete “three months”and insert the appropriate period inaccordance with footnote (c)

2.29 The Department recommends a period of six months when the worksdo not involve any “engineering” or " landscaping” work.

Clause 3.0: control of the works

Clause 3.1: assignment

2.30 The agreement must be amended to provide for the possible futuretransfer by the client NHS trust or authority of its rights and liabilities underthe agreement to another NHS trust or authority without the consent of thecontractor.

Insert the following additional sentencein clause 3.1 on page 4 of theagreement:


“However, the Contractor’s consentshall not be required to the assignmentof this contract by the Employer toanother health authority or NHS trust. "

2.31 If a contract is assigned to another NHS trust or authority, thecontractor must be immediately informed.

Clause 3.2: sub-contracting

2.32 This clause provides for the contractor to sub-contract a part, or parts,of the works if he wishes to do so, provided he obtains the consent of thearchitect/contract administrator.

2.33 In order to protect the employer from the consequences of thenegligence of sub-contractors, the agreement should be amended.

Insert the following additionalparagraph after clause 3.2 on page 4of the agreement:

“The Contractor shall be responsiblefor the materials and workmanship ofany portion of the Works sub-let, andshall indemnify the Employer againstall claims, proceedings, costs andexpenses arising from negligence onthe part of the sub-contractors. ”

BPT 1911: Amendment No 2: Minor Works Agreement

9

2.34 The agreement does not provide for the nomination of sub-contractors, however they can be named by the architect/contractadministrator. If NHS trusts and authorities are considering the option ofnaming sub-contractors or manufacturers/suppliers, they must include thewords “or equivalent” after the named firm.

Clause 3.4: exclusion from the works

2.35 In order to remind the contractor of his duties under health, safetyand welfare legislation it is recommended that NHS trusts and authoritiesmake this amendment to clause 3.4.

Clause 3 6: Variations

2.36 In accordance with footnote (d), delete “priced specification”,“schedules” or “schedule of rates” as appropriate to be consistent withcompletion of the first and second recitals on page 1 of the agreement (see paragraphs 2.10 and 2.12).

Clause 4.0: payment

Clause 4.1: correction of inconsistencies

2.37 Make deletions as appropriate to be consistent with the deletionsalready made in the first and second recitals on page 1 of the agreement(see paragraphs 2.10 and 2.12).

2.38 It is important to observe the provision in the second sentence of this clause: the contract drawings, specification, etc may be used to placeadditional obligations on the contractor but not to “override, modify or affectthe application or interpretation of ... the conditions”. As a result of this, anyamendments to the conditions which the employer must make because ofGovernment and Department policies must be made to the agreement itselfand be initialled by both parties. Statements should also have been included inthe tender documents to the effect that the amendments will be made. It isnot sufficient to recite amendments in the tender documents alone.

Delete “the contract drawings”, “thecontract specification” or “theschedules”

See footnote (d) of the agreement

See first and second recitals of theagreement

See footnote (d) of the agreement

See first and second recitals of theagreement

Insert the following additionalparagraph at the end of clause 3.4 onpage 4 of the agreement:

“The provisions of this clause will beapplied by the Architect/ContractAdministrator in cases of breach ofhealth, safety and welfare legislation“

See ‘Practice Note M2’ and Appendix 5for further information on naming sub-contractors

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Commentary

Clause 4.2: progress payments and retention

2.39 In order to comply with Government policy on the prompt payment ofsub-contractors, NHS trusts and authorities must amend the agreement.

Notes/amendments

2.40 The Department recommends (following the recommendations of the“Banwell Report” and NHS practice since 1966) that this retention percentage isinserted into the contract.

2.41 Contractors who are accustomed to working in the private sector mayrequest that the employer should place the retention in a separate bank accountso designed as to identify the money as being held in trust for the contractor. AsNHS building is financed from public funds, it is contrary to Governmentaccounting rules to take funds earlier than they are required. Any request fromcontractors that retention should be banked or otherwise set aside shouldtherefore be rejected. The acceptance by the employer of the obligation torelease retention (clause 4.3) as an eventual charge on public funds givessufficient safeguard to contractors’ interests.

Clause 4.3: penultimate certificate

2.42 The Department recommends that for contracts estimated at tender stageto be up to f 1 million in value, the retention percentage should be 3%.

Clause 4.4: final certificate

2.43 The final certificate cannot be issued until after the expiry of the defectsliability period stated in clause 2.5 and the issue of the certificate under clause2.5 that defects etc, have been made good.

Insert the following additionalparagraph in clause 4.2 on page 5 ofthe agreement:

“Where the Contractor enters into asub-contract with a sub-contractoror supplier for the purpose ofperforming the contract, he shallcause a term to be included in suchsub-contract which requires paymentto be made to the supplier or sub-contractor within a period notexceeding 30 days from receipt of avalid invoice as defined by the sub-contract conditions."

For contracts for minor works, theretention percentage should be 3%.Therefore in accordance withfootnote (e) delete “5%” and insert“3%”

See paragraph 2.40

See clause 2.5: defects liabilityperiod, and certificate of makinggood defects

If the defects liability period in clause2.5 has been amended from 3months, then the period stated inline 1 clause 4.4 for the contractorto complete all documentationnecessary for the computation of theamount to be finally certified, shouldbe changed to the same period

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Commentary

2.44 In order to ensure that the retention outstanding after the issue of the“penultimate certificate” is retained until the end of the defects liability period asstated in clause 2.5, NHS trusts and authorities should amend line 1 clause 4.4to show the same period where it has been changed from “three months”.

Notes/amendments

Ownership of materials on-site: retention of title clauses

2.45 In order to provide additional safeguards for NHS trusts and authorities inthe event of the contractor becoming insolvent after having received paymentfor unfixed materials on-site, the contract should be amended to incorporate thisclause.

Fluctuations

2.46 Clauses 4.5 and 4.6 cover what are referred to in other JCT StandardForms of Contract as fluctuations, that is, changes in certain costs outwith thecontrol of the contractor. There are, however, no provisions for changes inlabour and material costs, so a contract let on the agreement can never allowfull fluctuations. It will either be fixed price or will allow limited fluctuations, forexample Government tax changes etc, as described below.

Clause 4.6: fixed price contract

2.47 If this deletion is made then the provisions of clause 4.6 alone operateand the contract becomes “fixed price”, that is to say, no fluctuations whateverare taken into account in calculating sums payable to the contractor.

Clause 4.5: limited fluctuations con tract

2.49 If clause 4.5 is not deleted, limited fluctuations become payable in thatthe sums to be paid to the contractor are adjusted to take account of changesafter the “date of tender” in the levels of statutory contributions, levies andtaxes payable by the contractor. The conditions which apply to the changes incontributions, levies and taxes are those set out in Part A of the ‘SupplementaryMemorandum’ referred to in the clause.

2.49 Part A of the ‘Supplementary Memorandum’ contains all the provisionsnecessary for the operation of clause 4.5 but requires some particulars to beestablished and agreed before the tender is accepted:

insert the following additional clauseafter clause 4.6 on page 5 of theagreement:

“Ownership of materials on-site

See clauses 4.5 and 4.6

Fixed price contractDelete clause 4.5

Limited fluctuations contractDo not delete clause 4.5

See clause A4.6.1 of ‘SupplementaryMemorandum’ for definition of“date of tender”

See Part A of the ‘SupplementaryMemorandum’

12

a. clause A2.1 requires a list (which should be submitted by thecontractor as part of his tender) to be attached to the contractdocuments of fuels on which he requires any change in the typesand rates of duty and tax that may be in force at the time of tender;

b. ‘Supplementary Memorandum’ clauses A4.4.4.1 and A4.4.4.2contain provisions whereby, in cases where the contractor is indefault over completion of the works by the date for completionstated in clause 2.1 or any later date fixed in accordance with clause2.2, the adjustment made under clause 4.5 should be “frozen” atthe rates operating at the date when the contractor should havecompleted the works. The provisions are, however, dependent uponclause 2 being used unamended and upon the architect/contractadministrator having options for an extension of the contract periodunder that clause;

c. the adoption by the JCT of this definition clearly expresses their viewthat for minor works, the submission of the tender and theexecution of the agreement should be separated by only a shortperiod (ideally not exceeding ten days) NHS trusts and authoritiesshould endeavour to ensure that their procedures permit timing ofthis order wherever possible so as to permit the operation of clause4.5 as the JCT intended. Any inordinate delay in executing theagreement could afford the contractor entitlement to the amount offluctuations calculated under this clause.

Clause 5.0: statutory obligations

Clause 5.2: Value Added Tax (VAT)

2.50 It is important to note that tender sums, contract sums and the sumspayable under interim and final certificates are always exclusive of VAT.When obtaining tenders, NHS trusts and authorities may ask tenderers toprovide an assessment of the VAT for which they may be liable in respect ofthe works. The calculation and payment of VAT is made under separate butconcurrent procedures which are set out in part B of the ‘SupplementaryMemorandum’ referred to in the clause.

Clause 5.3: Statutory Tax Deduction Scheme

2.51 NHS trusts and authorities are reminded of Government policy thatalthough they are not contractors, they may observe the spirit of thelegislation and provide the necessary annual returns to the Inland Revenue.

See ‘Supplementary Memorandum’,Part C and paragraph 2.70

See ‘Supplementary Memorandum’,Part B

See paragraphs 2.18 and 2.69 andAnnex B for further information onVAT

See clause A2.1 of the ‘SupplementaryMemorandum’

The Department recommends thatwhere clause 4.5 is left in, fuelsshould be included and NHS trustsand authorities should therefore ensurethat the contract documents contain astatement to this effect

See clauses A4.4.4. 1 and A4.4.4.2 ofthe ‘Supplementary Memorandum’

See clause A4.6.1 of the‘Supplementary Memorandum’ –definition of “date of tender” – thedate ten days before the date whenthe agreement is executed by theparties

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Clause 5.70: Data Protection Act

2.52 As NHS trusts and authorities are subject to the legislation on dataprotection (including the penalties for the contravention thereof), they mustensure that all contractors they employ indemnify them against anycontravention of the provisions of the Data Protection Act 1984, or anystatutory modification or re-enactment thereof relating to data protection,NHS trusts and authorities should therefore include this additional clause inthe agreement.

Clause 5.11: Race Relations Act

2.53 As NHS trusts and authorities are subject to the legislation on racialdiscrimination (including the penalties for the contravention thereof) and arerequired to remind the contractor of the need to comply with the provisionsof the Race Relations Act 1976, or any statutory modification or re-enactment thereof relating to discrimination in employment, this additionalclause should be included in the agreement. It should be noted howeverthat the onus of complying with the requirements of the legislation will restwith the contractor.

Insert the following additional clauseafter clause 5.9 on page 6 of theagreement:

“Data protection

5.10 If during the subsistence of thisContract the contractor, or anyemployee, servant or agent of them, isfurnished by the Employer with, orotherwise obtains (with or without theknowledge or consent of theEmployer), access to confidential,personal or commercial data owned orheld by the Employer upon anymedium either in relation to theEmployer’s own affairs or those ofothers and at any time either directlyor indirectly discloses, copies or makesimproper use of any such data to athird party, or allows a third partyunauthorised access to them, or if theContractor or any sub-contractor, orany employee or agent of them, isresponsible for, or causes the loss,damage or destruction of, all or anysuch data, the contractor shall be liablein damages for any loss or damagesuffered by the Employer and shallindemnify the Employer against all orany claims, proceedings, costs orexpenses to which the Employer maybe or become liable at the suit of anythird party in respect thereof. ”

Insert the following additional clauseafter clause 5.10 (see above) on page6 of the agreement:

“Race relations

5.11 The Contractor shall notunlawfully discriminate within themeaning and scope of the provisionsof the Race Relations Act 1976 or anystatutory modification or re-enactmentthereof relating to discrimination inemployment. The Contractor shall takeall reasonable steps to ensure theobservance of the provisions of thepreceding paragraph of all servants,employees or agents of the Contractorand all Sub-Contractors. ”

BPT 19/1: Amendment No 2: Minor Works Agreement

14

2.0 Examination and completion of theagreement

Commentary

Clause 6.0: injury, damage and insurance

2.54 Attention is drawn to the Government policy on insurance with regard tobuilding and engineering contracts contained in ‘Contracts and commissions for theNHS estate - Policy’.

Clause 6.2: injury or damage to property

2.55 The sum that the employer should state for insurance cover must depend onthe particulars (for example value, location, extent of risk, etc) of each contract. It istherefore not possible for the Department to recommend a sum that has generalapplicability.

2.56 Clause 6.2 shall be amended where clauses 6.3B and 6.3C apply.

Clause 6.3: insurance of the works

2.57 In order to ensure that contracts awarded by the NHS correctly implementGovernment policy, NHS trusts and authorities should observe the followingguidance and make the stated amendments to the agreement where necessary.

2.58 NHS trusts have been provided with Departmental approval to make theirown decisions on insurance matters.

2.59 The insurance options available to NHS trusts and authorities are as shown inAppendix 7.

2.60 Clause 6.3A: insurances of the works by the Contractor-fire etc

2.61 New works- contractor takes out joint names insurances: this option isavailable for use by all NHS trusts and authorities.

2.62 Where clause 6.3A applies:

In assessing the percentage, NHS trusts and authorities should take into account therange of professional design consultants (both NHS trusts and authorities’ ownofficers and private consultants) engaged on the contract. The cost of their services,with allowances for their expenses and VAT, should be expressed as a percentage tobe applied to the full reinstatement value of the works.

Notes/amendments

It is recommended that a minimumsum off I million be inserted.

Where clauses 6.3B and 6.3C applyamend clause 6.2 as follows:

Line 1 after “shall“ insert “subject toclauses 6.3B and 6.3C”

Line 5, after “real or personal” insert“including loss or damage by fire,lightning, explosion, storm, tempest,flood, bursting or overflowing of watertanks, apparatus or pipes, earthquake,aircraft and other aerial devices orarticles dropped therefrom, riot andcivil commotion. ”

In England see EL(90)195 ‘Insurancearrangements from April 1991’; inWales, guidance on the arrangementsis given in the letter AHS1559 dated19 February 1993

Delete clause 6.3B entirely inaccordance with footnote (j)

Insert percentage to cover professionalfees.See footnote (k) of the agreement

BPT19/1 : Amdt. No. 1: Minor Works Agmt 15


Commentary

2.63 In respect of Insurance cover for fire or explosion resulting from acts ofterrorism, NHS trusts and authorities should insert these additional clauses into theAgreement. NHS trusts and authorities should refer to the ‘JCT Guide on TerrorismCover’. Appendix 7 contains details of the name and address of the reinsurancecompany providing the terrorism cover.

2.64 Where an NHS trust or authority has an existing contract on which terrorismcover has been withdrawn, the model form of agreement at Appendix 7, with theseamendments appended thereto, may be used to amend the contract to ensure thatterrorism cover is provided.

Notes/amendments

Insert at the end of Clause 6.3A onpage 7 of the agreement:

“Terrorism cover, non-availability

6.3A.1 If the insurers named in theJoint Names Policy notify theContractor or the Employer (the“Insurers’ Notification“) that, witheffect from a date stated by the insurers(the “Effective Date”) terrorism coverwill cease and will no longer beavailable, the contractor shallimmediately so inform the Employer orthe Employer shall immediately soinform the Contractor.

Employer’s options

6.3A.2 The Employer, after receipt ofthe Insurers’ Notification but before theEffective Date, shall give notice to theContractor in writing:

.2.1 that on and from the EffectiveDate clause 6.3A.1 shall apply inrespect of physical loss or damageto work executed and/or sitematerials due to fire or explosioncaused by terrorism;

or

.2.2 that on a date stated by theEmployer in his notice (which dateshall be after the date of theInsurers’ Notification and on orbefore the Effective Date) theemployment of the Contractorunder this Contract shall be and isdetermined; and that upon suchdetermination the provisions ofthis Contract which require anyfurther payment or any release ofretention to the Contractor shallnot apply and the provisions ofclause 7.3.3 (except any direct lossandlor damage caused to theContractor by the determination)shall thereupon apply

6.3A.3 Where clause 6.3A.2.1applies, if work executed and/or sitematerials suffer physical loss or damagedue to fire or explosion caused byterrorism the Contractor shall with duediligence restore such work damaged,replace or repair any such site materialswhich have been lost or damaged,remove and dispose of any debris and

16


Commentary

2.65 Clause 6.4A.4 provides for the payment to the Contractor of any increases inthe annual insurance premium for the terrorism cover.

2.66 The selection of the option in clause 6.4A.5 means that an NHS trust orauthority IS carrying the risk of damage from fire or explosion caused by terrorismitself without insuring. Therefore NHS trusts or authorities should carefully considerthe implications of such a decision before pursuing the selection of this option.

2.67 To enable an NHS trust or authority to check that the Contractor has takenout the terrorism cover, clause 6.4 should be amended as shown.

2.68 Clause 6.3B Insurance of the Works and any existing structures by employer -fire etc

2.69 Works in/to existing structures - employer takes out joint names insurance:this option is only available for use by NHS trusts as a result of the issue of EL(90)195dated 2 October 1990 in England and the letter AHS 1559 dated 19 February 1993in Wales.

Notes/amendments

proceed with the carrying out of theWorks; and the restoration,replacement or repair of such loss ordamage and (when required) theremoval and disposal of debris shall betreated as if they were a Variationrequired by an instruction of theArchitect under clause 3.6. TheEmployer shall not reduce any amountpayable to the Contractor pursuant toclause 6.3A.3 by reason of any act orneglect of the Contractor or of any sub-contractor which may have, or isalleged by the Employer to have,contributed to the physical loss ordamage to which this clause refers.

Premium rate changes - terrorism cover

6.4A.4 If the rate on which thepremium is based for terrorism coverrequired under the Joint Names Policyto which clause 6.3A refers is varied atany renewal of the cover the ContractSum shall be adjusted by the netamount of the difference in thepremium paid by the Contractor ascompared to the premium that wouldhave been paid but for the change inthe rate.

6.4A.5 The Employer may, in lieu ofany adjustment of the Contract Sumunder clause 6.3A.4, instruct theContractor not to renew the terrorismcover under the Joint Names Policy towhich clause 6.3A refers, and state thatfrom the Effective Date the provisionsin clause 6.3A.3 shall apply if workexecuted andlor site materials sufferphysical loss or damage by fire orexplosion caused by terrorism. ”

Clause 6.4, line 5 - after “out” 6.3Ainsert

“(including the provision of a copy ofthe cover certificate in respect ofterrorism cover).”

Delete clause 6.3A entirely inaccordance with footnote (j). Seeparagraph 2.57.

BPT19/1: Amdt. No. 1: Minor Works Agmt


Commentary

2.70 In respect of Insurance cover for fire or explosion resulting from acts ofterrorism, NHS trusts and authorities should insert these additional clauses in theagreement. NHS trusts and authorities should refer to the ‘JCT Guide on TerrorismCover’. Appendix 7 contains details of the name and address of the reinsurancecompany providing the terrorism cover.

2.71 Where an NHS trust or authority has an existing contract on which terrorismcover has been withdrawn the model form of agreement at Appendix 7 with theseamendments appended thereto may be used to amend the contract to ensure thatterrorism cover is provided.

Notes/amendments

Insert at the end of Clause 6.3B onpage 7 of the agreement:

“Terrorism cover - existing structuresand contents-non-availability -Employer’5 options

6.3B.1 If the insurers named in theJoint Names Policy notify the Employeror the Contractor (the “Insurer’sNotification”) that, with effect from adate stated by the insurers (the“Effective Date”), terrorism cover underthe Policy will cease and will no longerbe available, the Employershallimmediately so inform the Contractoror the Contractor shall immediately soinform the Employer. The Employer,after receipt of the Insurer’sNotification but before the EffectiveDate, shall give notice to the Contractorin writing:

either

.1.1 that on and from the EffectiveDate clause 6.3B.2 shall apply ifloss or damage occurs to thestructures and/or the contents dueto fire or explosion caused byterrorism,.

or

.1.2 that on a date stated by theEmployer in his notice (which dateshall be after the date of theInsurer’s Notification and on orbefore the Effective Date) theemployment of the Contractorunder this contract shall be and isdetermined.

6.3B.2 Where clause 6.3B.1.1 applies,the Employer shall continue to requirethe Works to be carried outnotwithstanding that the existingstructures and/or the contents thereofowned by him or for which theEmployer is responsible suffer loss ordamage due to fire or explosion causedby terrorism; provided that clause6.3B.1.2 shall not be construed so as toimpose an obligation on the Employerto reinstate the existing structure aftersuch loss or damage caused byterrorism.

17a


Notes/amendments

6.38.3 Where under clause 6.3B. 1.2the employment of the Contractorunder this Contract is determined,upon such determination the provisionsof this Contract which require anypayment or any release or any furtherrelease of Retention to the Contractorshall not apply and the provisions ofclause 7.3.3 (except any direct loss and/or damage caused to the Contractor bythe determination) shall apply.

Terrorism cover - non-availability

6.3B.4 If the insurers named in theJoint Names Policy notify the Employeror the Contractor (the “Insurer’sNotification”) that, with effect from adate stated by the insurers (the“Effective Date") terrorism cover willcease and will no longer be available,the Employer shall immediately soinform the Contractor or the Contractorshall immediately so inform theEmployer.

Employer’s options

6.3B.5 The Employer, after receipt ofthe Insurer’s Notification but before theEffective Date, shall give notice to theContractor in writing:

either

.5.1 that on and from the EffectiveDate clause 6.3B.6 shall apply inrespect of physical loss or damageto work executed and sitematerials due to fire or explosioncaused by terrorism,.

or

.5.2 that on a date stated by theEmployer in his notice (which dateshall be after the date of theInsurer’s Notification and on orbefore the Effective Date) theemployment of the Contractorshall be and is determined, andthat upon such determination theprovisions of this Contract whichrequire any further payment or anyrelease or any further release ofRetention to the Contractor shallnot apply and the provisions ofclause 7.3.3 (except any direct lossandlor damage caused to theContractor by the determination)shall thereupon apply.

BPT 19/1 : Amdt. No. 1: Minor Works Agmt 17b


Commentary

2.72 To enable the NHS trust or authority to check that the Contractor has takenout the terrorism cover, clause 6.4 should be amended as shown.

2.73 6.3B/6.3C: self-insurance of works by the Employer - fire etc

2.74 Works in/to existing structures - employer self-insures: this option is availableto NHS trusts and authorities and involves them in carrying the risk themselveswithout taking out insurance. It was originally introduced for use by the NHS tocomply with Government policy on insurance of existing buildings; however, NHStrusts must now make their own decisions on whether to insure or not.

2.75 As the Employer is self-insuring without taking out insurance, the Employer iscarrying the risk of damage resulting from fire or explosion resulting from an act ofterrorism except where the Contractor’s negligence may have contributed to suchloss or damage, in which case the provision of clause 6.3C applies.

Notes/amendments

6.3B.6 Where clause 6.3B.5.1 applies,if work executed andlor site materialssuffer physical loss or damage due tofire or explosion caused by terrorismthe Contractor shall with due diligencerestore such work damaged, replace orrepair any such site materials whichhave been lost or damaged, removeand dispose of any debris and proceedwith the carrying out of the Works; andthe restoration, replacement or repairof such loss or damage and (whenrequired) the removal and disposal ofany debris shall be treated as if theywere a Variation required by aninstruction of the Architect underclause 3.6. The Employer shall notreduce any amount payable to theContractor pursuant to clause 6.3B.6 byreason of any act or neglect of theContractor or any sub-contractor whichmay have, or is alleged by the Employerto have, contributed to the physical lossor damage to which this clause refers. ”

Clause 6.4 line 10 - after “out” insert

“(including the provision of a copy ofthe cover certificate in respect ofterrorism cover)”

Delete clause 6.3A entirely inaccordance with footnote (j)

Delete the first paragraph of clause6.3B and insert the following:

“Subject to the provisions of clause6.3C, the existing structures (togetherwith the contents thereof owned by theEmployer and for which he isresponsible) and the works and allunfixed materials and goods intendedfor, delivered to, placed on or adjacentto the works and intended therefor(except temporary buildings, plant,tools and equipment owned or hired bythe Contractor or any sub-contractor)shall be at the risk of the Employer asregards loss or damage by fire,lightning, explosion, storm, tempest,flood, bursting or overflowing of watertanks, apparatus or pipes, earthquake,aircraft and other aerial devices orarticles dropped therefrom, riot andcivil commotion except in respect ofany loss or damage for which theContractor is liable under clause 6.2. ”

17c

Commentary


2.76 Where the NHS trusts and authorities are self-insuring, it is recommendedthat they make the Contractor responsible for the theft of site materials andvandalism. Accordingly these amendments should be made to the agreement.

Clause 7.0: Determination

2.77 Under the provisions of this clause there are two notices required before thecontract can be determined by either party, that is, the Employer or the Contractor.

2.78 An initial notice is required informing the party who is in breach of contract ofthe nature of the default and instructing them to end the default within 7 days.

2.79 Should the default continue after 7 days a further notice is issueddetermining the contract.

Clause 8.0: Supplementary Memorandum

2.80 The “Supplementary Memorandum” is printed within the agreement (pages10 to 14). Parts A to C of the “Supplementary Memorandum”, which do not applyto a particular contract, should be deleted.

Notes/amendments

Insert after clause 6.35 on page 7 of theagreement the following additionalclause 6.3C:

“Loss or damage caused by negligence

6.3C Notwithstanding the matters setout in clause 6.3B for which theEmployer bears the risk, under thisclause the Employer may have recourseagainst the Contractor if the loss ordamage to the works or unfixedmaterials and goods or to the existingstructures and their contents owned bythe Employer or for which he isresponsible is caused by the negligenceof the Contractor, his servants oragents or of any sub-contractor, hisservants or agents employed upon or inconnection with the works or any partthereof, including their failure to takeprecautions to prevent such loss ordamage to the works or existingstructures or extensions, to minimiseany such loss or damage or to act uponinstructions issued by the Architect/Contract Administrator in relation tothese matters. ”

Delete the last sentence of clause 6.4“Where clause 6.3B hereof ... at allmaterial times. ”

Clause 6.3C, line 15, see paragraph2.74 of this guidance - after “thereof”insert: “or is due to theft of sitematerials or vandalism ”

Employer determines contract - seeclause 7.2.1

Contractor determines contract - seeclause 7.3.1

Delete those parts of “SupplementaryMemorandum” that are not requiredfor a specific contract

BPT 19/1 : Amdt. No. 1: Minor Works Agmt 17d


Commentary

2.81 NHS trusts and authorities should note the following in respect of theprovisions of the “Supplementary Memorandum”:

a. A5 (Fluctuations):guidance on fluctuations has been included elsewhere;

b. Value Added Tax (VAT): guidance on VAT has been included elsewhere;

c. Statutory Tax Deduction Scheme, Finance (No 2) Act 1975: guidance onStatutory Tax Deduction Scheme has been included elsewhere.

Clause 9.0: settlement of disputes - arbitration

2.82 Attention is drawn to the guidance contained in Appendix 6 regarding claimsand settlement.

2.83 If arbitration is unavoidable, NHS trusts and authorities should be aware thatthe JCT Arbitration Rules (clause 9.5) contain time limits and NHS trusts andauthorities should note that failure by the NHS trust or authority, or their agent, tocomply with time limits incorporated in these rules may affect the NHS trust orauthority’s situation adversely. The Department’s view is that clause 9.5 should applyand not be deleted (footnote (L.2)), as it is in the interest of all parties that anydispute should be settled as soon as possible.

Notes/amendments

Percentage addition should be Nil

See paragraphs 2.46 to 2.49 for furtherinformation on fluctuations

See paragraphs 2.18 and 2.50 andAppendix 2 for further information onValue Added Tax

See paragraph 2.51 for furtherinformation on statutory tax deductionscheme

See Appendix 6 for further informationon claims and settlement

See JCT Arbitration Rules (clause 9.5)

Clause 9.5 should not be deleted

17e

Appendix 1

JCT Agreement for minor building works (1980 edition) with Supplementary

Memorandum

Publisher’s amendments

Amendment No./Date

MW1: 1985

MW2: 1986

MW3: 1987

MW4: 1987

MW5: 1988

MW6: 1989

Reprint of Agreement; 1990

MW7: 1991

MW8: 1994

MW9: 1995

Contents

Amendments to clauses 5.4 and 8.1 regarding fair wagesand inclusion in Part D of ‘Supplementary Memorandum’.

Amendment to clause 6 regarding injury, damage andinsurance provisions (incorporated in revision, January 1987)

Amendments to clause 7 regarding determination

Inclusion of a fifth recital regarding optionalguarantee/warranty scheme and consequent additions toclause 8 and new Part E to the ‘SupplementaryMemorandum’

Amendment to Article 4 and inclusion of new clause 9.0:settlement of disputes - arbitration, deletion of clause 5.4:fair wages and redrafting of clauses 2.2, 2.3, and 3.6(incorporated in revision, October 1988)

Amendments to VAT provisions (incorporated in revision,September 1989)

Amendment to clause 2.3 to remove any reference to “partof a week”

Miscellaneous amendments (incorporated in revision,January 1992)

Miscellaneous amendments (incorporated in revision,March 1994)

Construction (Design and Management) Regulations 1994(CDM Regulations)

BPT 19/1 : Amendment No 2: Minor Works Agreement

18

Appendix 2

Value Added Tax

1. On 1 April 1989, charges introduced by the FinanceAct 1989 came into force whereby zero-rating wasremoved from certain types of supply made in connectionwith building works. As VAT legislation is extremelycomplex, what follows is not intended to be a summary ofthe main changes which are likely to affect NHS trusts andauthorities, but rather a brief indication of what thesechanges are. For detailed guidance and information on thechanges and their effects on specific contracts, NHS trustsand authorities should consult the Finance Act 1989, theCustoms and Excise leaflets listed in paragraph 5 and HMCustoms and Excise (local VAT enquiry office).

2. In respect of the construction of new buildings, asfrom 1 April 1989 zero-rating only applies to suppliesmade in connection with buildings constructed as“dwellings” or “for use solely for a residential purpose or arelevant charitable purpose”. The definition of “aresidential purpose” can be found in VAT Leaflet701/39/89, page 8, notes (3). With regard to protectedbuildings (listed buildings and scheduled monuments),approved alterations may only be zero-rated whereproperty is either a protected dwelling or other qualifyingbuilding (VAT Leaflet 708/l/90, page 14, note 3 listsqualifying buildings). In all other cases, such alterations arestandard-rated. Demolitions and civil engineering worksare standard-rated unless they form part of a contract forthe construction of dwellings or other buildings that arezero-rated.

3. In respect of supplies made under contracts already letprior to 1 April 1989, the following transitional rules applywhen deciding upon the application of VAT in respect ofthe construction of new buildings:

a. in the case of work done under contracts that wereentered into and were legally binding prior to 21June 1988, work done before 21 June 1993 will bezero-rated and work done after that date will bestandard-rated;

b. where a contract was entered into between 21 June1988 and 31 March 1989, work carried out prior to31 March 1989 can be zero-rated but work doneafter that date is standard-rated, where the propertyto be constructed is such that zero-rated “does notapply”.

4. Where buildings are to be used for qualifying andnon-qualifying purposes, contractors will have to standard-rate the non-qualifying element and zero-rate the

qualifying element by means of a fair and reasonableapportionment of the total price for the contract.

5. The following leaflets produced by HM Customs andExcise provide guidance on the application of VAT in theconstruction industry:

a VAT Leaflet 701/39/89 (1 August 1989) VAT LiabilityLaw;

l VAT Leaflet 708/2/90 (1 August 1990) ConstructionIndustry;

l VAT Leaflet 708/4/90 (1 May 1990) Construction:VAT Certificates for Residential or Charity Buildings;

l VAT Leaflet 708/1/90 (1 July 1990) ProtectedBuildings (Listed Buildings and ScheduledMonuments);

l VAT Notice 742A (1 January 1990) PropertyDevelopment;

l VAT Notice 742B (1 January 1990) PropertyOwnership.

6. In respect of the situation regarding VAT liability inrespect of construction work, the following should benoted:

directors of finance of health authorities in Englandwere informed in EL (90) P64 by the Departmentthat their liability for VAT in respect of constructionwork within the definition of capital spending inEL (89) MB62 will be provided for by an increase incapital allocation in lieu of the refund arrangementsused previously. In Wales, health authorities wereinformed in letters to directors of finance dated 30November 1990. Therefore capital allocations nowinclude provisions for VAT liabilities;

NHS trusts must include appropriate allowances forany VAT liability on construction work in their“business case”.

NHS trusts and authorities should therefore include theirestimated/actual VAT liability in the appropriate returns atall stages of what is currently referred to as the ‘CapitalInvestment Manual’ to ensure that the total costs areshown.

7. Tenders should always be invited on the basis of theirbeing exclusive of VAT for which the NHS trust or authoritymay become liable to pay to the contractor in respect ofthe work, and this should be made clear in the tender

19

Appendix 2

documents. As this procedure provides the authority withno indication of the amount of VAT that may arise, it ispermitted to ask tenderers to give (with their tenders) aprovisional indication of the amount of VAT that theywould seek to recover from the NHS trust or authority iftheir tenders were accepted.

8. If such an indication is asked for, it should be clearlystated in the tender documents that the indication is notto be included in the tender sum, is not binding on eitherparty and that no account will be taken of it by the NHStrust or authority when deciding which tender (if any )should be accepted. Similar provision should be madewhen tenders are invited for nominated sub-contracts.

20

Appendix 3

Attestation

Extent and duration of liability of firms

General

1. The extent and duration of liability of firms is governedby:

a. Limitation Act 1980;

b. Latent Damage Act 1986;

c. Section 130, Companies Act 1989;

d. Section 1, Law of Property (Miscellaneous Provisions)Act 1989.

Definitions

2. The following are definitions of terms used in subsequentparagraphs:

a. Cause of Action - defective design or defectiveconstruction;

b. Cause of Action Accrues - damage.

Liability under contract

3. Attestation completed as a simple contract (formerly“under hand”) - claims become statute-barred six yearsfrom the date when the cause of action accrues.

4. Attestation completed as a deed - claims becomestatute-barred twelve years from the date when the causeof action accrues.

5. Where the attestation of the contract document iscompleted “as a deed”, all secondary and relatedcontracts should be executed as a deed.

Liability under “Tort”

6. In accordance with the provisions of the Latent DamageAct 1986, the limitation period varies according tocircumstances as follows:

a. proceedings must be commenced six years from thedate from which the cause of the action accrued;

b. the period is extended three years from the date onwhich the plaintiff knew or ought to have known thefacts about the damage where the facts relevant to thecause of action were not known at the time the actionaccrued;

c. all negligence claims involving latent defects ordamage brought more than fifteen years after thebreach of duty are barred.

Recommendations for NHS trusts and authorities

7. In order to provide themselves with the maximumprotection available, NHS trusts and authorities shouldcomplete the attestation “as a deed”.

8. See the following pages of this appendix for furtherinformation on the completion of the attestation of JCTcontracts (JCT Note to Users “Attestation”).

BPT 19/1 : Amdt. No. 1: Minor Works Agmt 21

Appendix 3

JCT contracts, sub-contracts andtender documents

Note to UsersAttestation

JCT forms of Contract and Sub-Contract and other agreements contain attestation provisionswhich provide for them to be entered into either 'under hand’ i.e. by signature of, or on behalf of,the parties (a simple contract) or ‘under seal’ i.e. complying with the formalities for executing theagreement with the seals of the parties (a specialty). Different limitation periods under theLimitation Act 1980 apply to simple contracts and to contracts which are a specialty.

The law relating to sealing documents, including contracts, has been changed by the provisions ofthe Law of Property (Miscellaneous Provisions) Act 1989 (c.34) and the Companies Act 1989 (c.40)which came into force at the end of July 1990. The Tribunal is therefore reviewing all the attestationprovisions in its documents.

If parties wish to enter into a JCT Contract, Sub-Contract or other agreement in what would havebeen termed as entering into the Contract Sub-Contract or agreement ‘under seal’, they shouldobtain advice on how this should be effected so that it is correctly executed as a specialty.

Where existing JCT forms of tender for subcontracts or works contracts have been or are beingused, items which refer to the main contract or to the sub-contract or works contract as beingexecuted ‘under hand/under seal’ should be treated as referring to the relevant contractagreement as being executed as a simple contract (formerly ‘under hand’)/as a deed (formerly‘under seal’).

Forms of wording for execution as a deed which have been prepared for inclusion in future reprintsof the JCT Standard Form of Building Contract and other JCT forms of main contract are printed onthe reverse of this Note. Users should check that the wording is adapted, if necessary, to suit theparticular contract, subcontract or agreement being entered into. Below is an example ofexecution as a deed by a subcontractor, being an individual:

Peter Carpenter trading as[A2] AND AS A DEED BY THE SUB-CONTRACTOR P . C . J o i n e r s

hereinbefore mentioned namely

IA3)

whose signature is here subscribed

[A4) in the presence of:

Norma Brown (Mrs)93 Long StreetAshford, Hants.

Further copies of this sheet are available free on receipt of an addressed envelope byRIBA Publications at the address below.

Issued by the Joint Contracts TribunalSeptember 1990, Revised December 1990Published by RIBA Publications LtdFinsbury Mission, 39 Moreland Street, London EC1V 8BB

22

Notes [A1] AS WITNESS THE HANDS OF THE PARTIES HERETO

[A1] For Agreementexecuted under hand andNOT as a deed

[A1] Signed by or on behalf of the Employer

in the presence of:

[A1] Signed by or on behalf of the Contractor

in the presence of:

[A2] For Agreementexecuted as a deed underthe law of England andWales by a company orother body corporate:insert the name of theparty mentioned andidentified on page 1 andthen use either [A3] and[A4] or [A5]If the party is an individualsee note [A61.

[A3] For use if the party isusing its common seal,which should be affixedunder the party’s name.

[A2]

[A3]

EXECUTED AS A DEED BY THE EMPLOYERhereinbefore mentioned namely

by affixing hereto its common seal

[A4] in the presence of:

* O R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

[A5] acting by a director and its secretary*subscribed:

signatures are here

namely

[ S i g n a t u r e ] -

a n d

[A2] AND AS A DEED BY THE CONTRACTORhereinbefore mentioned namely

[A3] by affixing hereto its common seal

[A4] in the presence of:See reverse for example ofexecution of a subcontract asa deed by a subcontractorbeing an individual, inaccordance with note [A6].

[A6] If executed as a deedby an individual, insert thename at [A2], delete thewords at [A3], substitute * O R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - -

‘whose signature is heresubscribed’ and insert the [A5} acting by a director and its secretary* /two directors* whose signatures are hereindividual’s signature. Theindividual MUST sign inthe presence of a witnesswho attests the signature.Insert at [A41 the signatureand name of the witness.

subscribed:n a m e l y

[ S i g n a t u r e ] D I R E C T O RSealing by an individual isnot required. andOther attestation Clausesare required under the lawof Scotland. [ S i g n a t u r e ] SECRETARY*/DIRECTOR*

23

Appendix 4

Liquidated and ascertained damages This list is not meant to be comprehensive.

1. The agreement contains a provision to enable theemployer to recover liquidated and ascertained damages inthe event that the contractor does not complete the worksby the completion date. Liquidated and ascertaineddamages must be a genuine pre-estimate of thedamage likely to be sustained by the employer. Therate must be carefully assessed by the NHS trust orauthority for each project in the light of its particularcircumstances and it is likely that it will include some or allof the following:

2. Clause 2.3 of the agreement requires the rate ofliquidated damages to be stated as a specific sum ofmoney per period of delay. The amount of liquidateddamages should be stated as £ . . . per day.

3. NHS trusts and authorities should note that anarbitrarily fixed penalty is not acceptable.

4. The architect/contract administrator should extendthe date for completion of the works stated in the

l additional costs arising from extra time spent byagreement (clause 2.3) for reasons beyond the control of

administrative, professional, supervisory and otherthe contractor so that the contract does not become “at

staff in the management of the contract;large”. Prior to the recovery of liquidated damages by theemployer, the architect/contract administrator must issue a

l direct losses and expenses arising from the necessity ‘Certificate of Non-Completion’.to rent or use alternative accommodation while anew/refurbished/repaired building is not available; 5. It is Government policy that the deduction of

l loss of revenue;liquidated damages following unjustified delay in thecompletion of a project by the contractor should be

l loss of amenities for providing healthcare (that is pursued vigorously.since health building schemes mostly provideadditional facilities, there is a loss of the expectedamenities when the scheme is not completed ontime).

BPT 19/1 : Amendment No 2: Minor Works Agreement

24

Appendix 5

Sub-contractors

1. Clause 3.2 of the agreement provides for thecontractor to sub-let a part or parts of the works if hewishes to do so, provided he obtains the consent of thearchitect/contract administrator.

2. Selection of sub-contractors by the architect/contractadministrator is not specifically provided for in theagreement in that there are no references to prime costsums for specialist work and no references to nominatedsub-contracts, but paragraph 5 of ‘Practice Note M2’expresses the view that it is acceptable for persons orcompanies to be named by the architect/contractadministrator to carry out specialist work as domestic sub-contractors.

3. The use of this procedure by the architect/contractadministrator in no way alters the obligation on him tocomplete the design and to provide full drawings,specifications, etc for the work to be carried out by thenamed sub-contractor and to include these in the contractdocuments as though the work was to be carried out bythe contractor himself. This is necessary because thecontractor will need to obtain his own quotation from thenamed sub-contractor and use this in preparing his owntender and in pricing the specification schedule/scheduleof rates required of him under the contract.

4. ‘Practice Note M2’ envisages that only one firm isnamed for each type of specialist work. This proceduresuffers from two disadvantages. Firstly, there is no pricecompetition in respect of the specialist work (all thecontractors tendering would obtain quotations only fromthe single named firm). Secondly, in the event of thenamed firm not performing satisfactorily as a sub-contractor, the contractor would argue that the sub-contractor was not of his choice but was imposed on himby the employer.

5. It is therefore suggested that, where a particular typeof specialist work is significant in importance or value tothe works as a whole, the tender documents could,instead of naming only one firm, give a list of three ormore firms whom the contractors tendering mayapproach. This procedure will be recognised as beingsimilar to that provided under clause 19.3 of the JCTStandard Form of Building Contract, 1980 edition (withquantities) and is seen as largely eliminating thedisadvantage of naming only one firm.

6. It is also important to appreciate that the sub-contractors (where chosen by the contractor or named bythe architect/contract administrator) are under the controlof the contractor and that all communications betweenthe architect/contract administrator and sub-contractorsmust be made through the contractor.

7. ‘Practice Note M2’ also suggests that specialist workcan be the subject of a direct contract between theemployer and a specialist firm. This approach may beappropriate in some cases but it must be accepted that itinvolves the NHS trust or authority not only in conductingan additional tendering process and the execution of anadditional contract, but also in the additional task of co-ordinating the work under the two contracts to the mutualsatisfaction of both contractors. Furthermore, it will benecessary to include a clause in both contracts to theeffect that other work will be in progress on the site at thesame time. Such a clause should be modelled on clauses29.1 and 29.3 of the JCT Standard Form of BuildingContract, 1980 edition (without quantities), and inserted inthe agreement as clause 3.8 and headed “work notforming part of the contract”. The specifications for bothcontracts must contain information as to the workscomprised in the other contract.

25

Appendix 6

Claims and their settlement

1. NHS trusts and authorities have a duty to manage allcontracts to obtain the best value for money and to avoidsituations which may give rise to claims for additionalpayments. Circumstances which give rise to claims foradditional payments from contractors include late deliveryof design information, variation instructions, failure of theemployer (the NHS trust or authority) over matters forwhich he is responsible etc. NHS trusts and authoritiesshould always seek an explanation for claims for additionalpayment.

2. Claims from contractors are received and examined bythe architect/contract administrator. When the architect/contract administrator has made his ascertainment orinterim ascertainment, the additional payment due will becertified by him in an “interim or final payment certificate”and should be paid by the NHS trust or authority withinthe time limits set by the conditions of contract. NHS trustsor authorities are recommended to appoint a quantitysurveyor to assist the architect/contract administrator inascertaining claims.

3. Where the contractor is not prepared to accept thearchitect's/contract adminstrator’s ascertainment of the loss

and/or expense under the terms of the contract, thecontractor may consider going to arbitration or to court,particularly if the dispute hinges on a point of law or theinterpretation of the wording in the contract.

4. As soon as an NHS trust or authority learns that thereis the prospect of arbitration or litigation, it should takefirm control of the situation as such proceedings can easilybecome protracted, consume a lot of resources, lead toheavy outgoings in payments to professional consultantsand in various legal expenses. The NHS trust or authority’sobjective should be to minimise this additional expense byreaching as favourable a settlement as can be obtained inthe interest of saving public money while allowing thecontractor his due where he has a justifiable case.

5. NHS trusts and authorities are reminded of the policyin respect of the settlement of claims for extra-contractualmatters and commercial settlements:

a. extra-contractual matters: the financial limitdelegated to NHS trusts and authorities is £5,OOO.Any extra-contractual claims valued above thisdelegated limit should be referred to the Department(in England through NHS Estates);

b. commercial settlements: as commercial settlementsare extra-contractual then a. above applies.

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Appendix 7

Works insurance-options available under clause 6.3

Clause 6.3a Clause 6.3b Clause 6.3b and 6.3c

New buildings

Contractor insures

Existing structures

Employer insures

Existing structures

Employer self insures

NHS authoritiesNHS trusts

YES NO YESYES YES YES

1. Self insurance is where the NHS trust or authority is taking the risk without insuring.

2. NHS trusts must ensure that any decision that they make in respect of works insurance is compatible with their overall estatesinsurance policy. Particular attention should be given to:

l notifying their existing insurers (if they are not self insuring) of their intentions;

l ensuring that they are not insuring the works twice, that is, taking out additional cover for the works under the contractwhere they already have an overall estates insurance policy that provides cover.

Terrorism Insurances - Incorporation of Contract Amendments into Existing Contracts

The Model Supplementary Agreement on the following pages can be used for the incorporation of the amendments in respect ofterrorism cover into existing contracts, and has been reproduced with the permission of the copyright holder:

RIBA Publications Ltd.,Finsbury Mission,34 Moreland Street,London EC1V 8BB

Name and Address of Insurance Company Providing Terrorism Cover

Pool Reinsurance Co. Ltd.,51 Gresham Street,London EC2V 7HQTel 0171 216 7534


*(See Footnote)

*(See Footnote)

Model Supplementary Agreement

This Agreement

is made the

BETWEEN

day of 19

of/whose registered office is situated at

(“the Employer”)

of/whose registered office is situated at

(“the Contractor”)

pursuant and supplemental to an agreement made on the JCT

[state Form of Contract] (“the Main Contract”) dated

between the Employer and the Contractor for the carrying out and completion of works (“theWorks”) as described therein,

(address)

Whereas

(A) The Main Contract contains provisions in regard to the insurance of the Works, of materialsand goods on site and *(if applicable) of any existing structures and contents.

(B) The Employer and the Contractor wish to amend and modify those insurance provisions inthe manner hereinafter set out in order to describe more specifically their respective rightsand obligations in the event that insurance cover for physical loss and/or damage to theWorks, materials and goods on site (‘Site Materials’) and *(where applicable) any existingstructures and contents due to fire or explosion caused by terrorism is not, or ceases to be,available.

(C) At the date hereof the Works have not achieved Practical Completion.

(D) The site of the Works is located on the mainland of the United Kingdom.

Footnote

28

* If there are no existing structures and contents to beinsured, delete the references thereto.

Now it is hereby agreed

that in consideration of the mutual obligations entered into between the Employer and theContractor hereunder:

1 The amendments and modifications set out and annexed hereto shall, from the date hereof,be incorporated into and form part of the provisions of the Main Contract.

2 For the avoidance of doubt the said amendments and modifications shall have no effect onthe respective rights and obligations of the Employer and the Contractor which haveaccrued from the date of the Main Contract to the date hereof.

Execution and Attestation [Deed/Hand - as Main Contract].[Set out below]

29

Appendix 8

Contract conditions - checklist

Clause ref. Action Information

Agreement Insert Employer’s name/address contractor’s name/address

First recital Insert Description of work

Name of person/firm nominated as architect/contractadministrator

Delete The architect or the contract administrator - whichever is notselected

References to drawings/specification/schedules as applicable

Second recital Delete References to drawings/specification/schedules as applicable

Third recital Check Ensure that all contract documents have been signed by bothparties prior to the contractor being given possession of thesite

Para refs

2.6

2.8

2.8

2.9

2.10

2.12, 2.13

2.14

Fourth recital Insert/delete

Article 2 Insert

Article 3 Insert

Name of quantity surveyor. Where no quantity surveyor - deletethis recital

Contract sum (words and figures) excluding VAT

Name of person/firm nominated as architect/contractadministrator

2.15

2.18

2.19

Article 4 Delete

Attestation Insert

Clause 2.0 Insert

Clause 2.2 Insert

Clause 2.3 Insert

Clause 2.5 Delete/insert

Clause 3.1 Insert

Clause 3.2 Insert

Clause 3.4 Insert

Clause 3.6 Delete

Clause 4.1 Delete

RIBA or RICS as applicable

Employer/contractor’s signature - under hand or as a deed

Date for completion

Additional sentence

Rate of liquidated and ascertained damages

Three months defects liability period if not applicable, insertappropriate period

Additional sentence

Additional clause

Additional paragraph

References to priced schedules/schedules/schedules of rates asapplicable

References to priced schedules/schedules/schedules of rates asapplicable

2.20

2.21,2.22

2.24

2.26

2.27

2.28, 2.29

2.30, 2.31

2.33

2.35

2.36

2.37, 2.38

30

Clause 4.2 Insert Additional paragraph 2.39

Clause 4.2

Clause 4.3

Delete/insert

Delete/insert

Delete 5%. Insert 3% 2.40

Delete 97.5%. Insert 98.5% 2.42

Clause 4.4 Delete/insert Three months defects liability period if not applicable, insertappropriate period

2.43, 2.44

Clause 4.5 Delete Clause 4.5 is not required for fixed price contract 2.47

Clause 4.6 Clauses 4.5 and 4.6 are required for a limited fluctuations 2.48contract 2.49

Clause A2.1 List of fuels submitted by contractor with tender 2.49aSupplementaryMemorandum

Clause 4.7 Insert Additional clause 4.7 2.45

Clause 5.2 Check VAT liabilities 2.50

Clause 5.3 Check Whether complying with spirit of the legislation 2.51

Clause 5.6 Insert New clause - Data Protection Act 2.52

Clause 5.7 Insert New clause - Race Relations Act 2.53

Clause 6.2 Insert Appropriate sum for Insurance cover 2.55

Clause 6.3 Select Appropriate option for works insurance 2.57 to 2.76

If clause 6.3A used insert percentage to cover professional fees 2.62

Clause 6.4 Check Contractor’s Insurance (including terrorism cover)

or

provide Evidence of employer’s Insurance (including copy of covercertificate in respect of terrorism cover)

Clause 8.0 Delete Parts of ‘Supplementary Memorandum’ not required 2.78

Clause 9.5 Retain Do not delete clause 9.5 2.81


Bibliography

Concode

Contracts and commissions for the NHS estate - Policy1993, HMSO. ISBN 0 11 321425 4

JCT publications

JCT Agreement for minor building works 1980. JointContracts Tribunal for the Standard Form of Building Contract1994, JCT/BECIncorporating amendments MW1-MW8, Practice Note M2and supplementary memorandum

Contract Administration Guide - MW80. Joint ContractsTribunal for the Standard Form of Building Contract 1991,JCTISBN 0 94 787769 X

Practice Note 6 - Value Added Tax. Joint Contracts Tribunalfor the Standard Form of Building Contract (under revision)

Practice Note 20: deciding on the appropriate form of JCTmain contract. Joint Contracts Tribunal for the Standard Formof Building Contract 1987, JCT/BEC

Practice Note 23: a contract sum analysis. Joint ContractsTribunal for the Standard Form of Building Contract 1987,JCT/BEC

Guide to Terrorism Cover: Amendments: Provisions in JCTforms on insurance of the Works and of the existingstructures and contents for physical loss or damage due tofire or explosion caused by terrorism

32

Other publications in this series

Given below are details of other documents in the Concodeseries which are either published by HMSO or in preparation.Information is correct at time of publication of this document.

Contracts and commissions for the NHS estate: Policy, 1993

Agreement for the appointment of project managers forcommissions for construction projects in the National HealthService, 1992

Guide to the Agreement for the appointment of architects,surveyors and engineers for commissions in the NationalHealth Service, 1993

Guide to the Agreement for the appointment of projectmanagers for commissions for construction projects in theNational Health Service, 1993

Agreement for the appointment of architects, surveyors andengineers for commissions in the NHS Vol 1: Schemeparticulars, memorandum of agreement, 1993

Vol 2: Conditions of appointment, provision for fees andexpenses, specimen certificates, definitions, 1993

Vol 3: Supplementary annexure, 1993

Volumes 1, 2 and 3 combined, 1993

Contracts and commissions for the NHS estate: Contractprocedures, 1994

Guide to procedures for commissioning building andengineering consultants, 1994

Guide to the JCT Agreement for minor building works, 1994

Documents published by HMSO can be purchased fromHMSO Bookshops in London (post orders to PO Box 276,SW8 5DT). Edinburgh, Belfast, Manchester, Birmingham andBristol or through good booksellers.

Enquiries (but not orders) should be addressed to:NHS Estates, Publications and Marketing Unit, Department ofHealth, 1 Trevelyan Square, Boar Lane, Leeds LS1 6AE.

NHS Estates is a non-profit-making Executive Agency of theDepartment of Health.

The price of this publication has been set to make somecontribution to the costs incurred by NHS Estates in itspreparation.

BPT19/1: Amdt. No. 1: Minor Works Agmt 33

About NHS Estates

NHS Estates is an Executive Agency of the Department ofHealth and is involved with all aspects of health estatemanagement, development and maintenance. The Agencyhas a dynamic fund of knowledge which it has acquiredduring 30 years of working in the field. Using this knowledgeNHS Estates has developed products which are unique inrange and depth. These are described below. NHS Estates alsomakes its experience available to the field through itsconsultancy services.

Enquiries about NHS Estates should be addressed to: NHSEstates, Marketing and Publications Unit, Department ofHealth, 1 Trevelyan Square, Boar Lane, Leeds LS1 6AE.Telephone 0113 254 7000.

Some other NHS Estates products

Activity DataBase - a computerised system for defining theactivities which have to be accommodated in spaces withinhealth buildings. NHS Estates

Design Guides-complementary to Health Building Notes,Design Guides provide advice for planners and designersabout subjects not appropriate to the Health Building Notesseries. HMSO

Estatecode - user manual for managing a health estate.Includes a recommended methodology for property appraisaland provides a basis for integration of the estate intocorporate business planning. HMSO

Works Information Management System - acomputerised information system for estate managementtasks, enabling tangible assets to be put into the context ofservicing requirements. NHS Estates

Health Building Notes-advice for project teams procuringnew buildings and adapting or extending existing buildings.HMSO

Health Guidance Notes - an occasional series ofpublications which respond to changes in Department ofHealth policy or reflect changing NHS operationalmanagement. Each deals with a specific topic and iscomplementary to a related HTM. HMSO

Health Technical Memoranda -guidance on the design,installation and running of specialised building servicesystems, and on specialised building components. HMSO

Health Facilities Notes - debate current and topical issuesof concern across all areas of healthcare provision. HMSO

Encode-shows how to plan and implement a policy ofenergy efficiency in a building. HMSO

Firecode - for policy, technical guidance and specialistaspects of fire precautions. HMSO

Capital Investment Manual Database - software supportfor managing the capital programme. Compatible withCapital Investment Manual. NHS Estates

Model Engineering Specifications-comprehensive adviceused in briefing consultants, contractors and suppliers ofhealthcare engineering services to meet Departmental policyand best practice guidance. NHS Estates

Quarterly Briefing -gives a regular overview on theconstruction industry and an outlook on how this may affectbuilding projects in the health sector, in particular the impacton business prices. Also provides information on new andrevised cost allowances for health buildings. Published fourtimes a year; available on subscription direct from NHSEstates. NHS Estates

Items noted “HMSO“ can be purchased from HMSOBookshops in London (post orders to PO Box 276, SW85DT). Edinburgh, Belfast, Manchester, Birmingham andBristol or through good booksellers.

NHS Estates consultancy service

Designed to meet a range of needs from advice on theoversight of estates management fuctions to a much fullercollaboration for particularly innovative or exemplaryprojects.

Enquiries should be addressed to: NHS Estates ConsultancyService (address as above).

34