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THE NATIONAL FEDERATION OF DEMOLITION CONTRACTORSFORM OF DIRECT CONTRACT 2007 EDITIONCONTENTSPageForm of 0.31.32.33.34.35.36.DefinitionsGeneral ProvisionsExecution of WorksProgress of Works, Extension of Time and Loss and ExpenseVariations and Provisional SumsSub-lettingFair Wages and Construction Industry Scheme (CIS)Legislation and Codes of PracticeLocal and Other Authorities Notices and FeesProtection, Completion of Works and Handing Back the SiteContractors Third Party Liability InsuranceDamage to Surrounding Property – Joint Names InsuranceLoss and Damage to Works (Including Original Structure) and MaterialsTrespass and NuisanceHazardous Materials, Contaminated Materials or SubstancesContingenciesOwnership of Materials RecoveredFacilities for Other WorksProtection of FootpathPrecautions Against Fire RiskDamage to Plant and MaterialDamage to Adjoining PropertyProvision of Storage FacilitiesVesting of MaterialsPaymentRelease of Retention Money and Final AccountDetermination by EmployerDetermination by ContractorAdjudicationArbitrationService of NoticeFluctuationsSignage and AccreditationCopyrightLaw of ContractContracts (Rights of Third Parties) Act 1999Page 1 19202222222223242424 National Federation ofDemolition Contractors Limited
ARTICLES OF AGREEMENTAn Agreement made onof2000BETWEENwhose registered address is(“the Employer”)Andwhose registered address is(“the Contractor”)Whereby it is agreed as follows:1.In consideration of payment of the Contract Sum the Contractor shall carryout and complete the Works in accordance with the Conditions of Contractand the Contract Documents as identified in Appendix 1.2.The Contract Sum is (positive/negative) exclusiveof VAT (a negative figure denotes a Nett credit to the Employer)3.The Employer nominates to act as its duly authorised representative(“the Employers Representative”)The Employers Representative shall be authorised to receive and issue allapplications, notices, consents, orders, instructions requests, statementsand for otherwise acting on behalf of the Employer under the contractunless contrary written notice is received from the Employer4.The Site including the other areas available for the Contractor to carry outthe Works are as defined in Appendix 25.The Date of Possession of the Site shall be6.The Date of Completion of the works shall beor such other date as determined under the provisions of the Contract7.(1) In the event that the Contractor does not reach Practical Completion of theWorks on or by the Date of Completion the Employer shall be entitled todeduct liquidated and ascertained damages at the rate of per . or part thereof for the period when the Works arenot Practically Complete up to a maximum value of (2) In the event that the Contractor Completes the Works before the Date ofCompletion an early completion bonus of .per .shall be paid to the Contractor by the Employer in addition to the ContractSum.Page 2 DFC2006 National Federation ofDemolition Contractors Limited
8.(1) The Contractor shall take out and maintain the following insurances in theminimum sums stated below:Clause 11(a)(i) insurance (Employers Liability) - Applies/Does not applyClause 11(a)(ii) insurance (Public Liability) - Applies/Does not applyClause 12 Insurance (Damage to Property) - Applies/Does not apply(min)(min)(min)(2) The Employer shall take out and maintain the following insurances in theminimum sums stated below:Clause 13 insurance - Applies/Does not apply9.(min)The Contract Sum shall/shall not be subject to retention pursuant to Clause25(b) of the Conditions of Contract (where no deletion shown the ContractSum will not be subject to retentions)EXECUTION UNDER HANDSigned on behalf of the Employer by .(Print Name)SignatureIn the Presence ofWitness nameSignatureWitness AddressSigned on behalf of the Contractor by .(Print Name)SignatureIn the Presence ofSignatureWitness nameWitness AddressPage 3 DFC2006 National Federation ofDemolition Contractors Limited
EXECUTION AS A DEEDExecuted as a deed by the Employer actingby (insert names of Signatories)Director:SignatureDirector/Company Secretary:SignatureExecuted as a deed by the Employer actingby (insert names of Signatories)Director:SignatureDirector/Company Secretary:SignatureNote: The above attestation clauses must be completed to meet particular casePage 4 DFC2006 National Federation ofDemolition Contractors Limited
CONDITIONS OF CONTRACT1.Definitions:(a)In the Conditions of Contract and in the Articles of Agreement, unlessstated to the contrary the following expressions shall have the meaningsassigned to them below:i.ii.ArticleAsbestos Containing MaterialsCondition Precedentiii.iv.ContingenciesContract Documentsv.vi.vii.viii.Contract SumDate of PossessionDate of CompletionHazardous Substances.ix.Industry Good Practicex.Normal Working Hoursxi.Practical Completionxii.Practically CompletePage 5 DFC2006An article in the Articles of AgreementShall mean any material or substancewhich contains asbestosMeans that if the clause referred to isnot complied with fully the entitlementarising under that clause is foregone bythe party seeking to enforce it.Shall mean as detailed in Clause 16Shall mean the Articles of Agreement,the Conditions of Contract, thosedocuments identified as the ContractDocuments in Appendix 1Shall mean the sum stated in Article 2Shall mean the date noted in Article 5Shall mean the date noted in Article 6Shall mean any material or substancewhich is required to be removed bymeans of a special process and ordisposed of in accordance with thelegislationrelatingtohazardousmaterials as current at the time of theWorksShall mean the accepted practice of acompetentdemolitioncontractorcarrying out works of a similar natureShall mean the hours specified in theContract Documents during whichContractor is allowed to work but notincluding weekends, Christmas day,accepted trade holidays applicable tothe Contractor and statutory publicholidaysShall mean the stage when the Workshave been Practically CompleteShall mean Completion of the Workssubject only to the existence of minordefects and/or omissions which arecapable of being made good withoutmaterially interfering with the beneficialuse and enjoyment of the Works andwhich it would be unreasonable toinclude in a schedule of minor snaggingitems National Federation ofDemolition Contractors Limited
xiii.Provisional Sumxiv.Provisional Sum Workxv.Public Service Installationsxvi.Specialist sub-contractorxvii.Statutory Undertakersxviii.The Contractxix.xx.The SiteWorks2.3.Shall mean an item designated in theContract Documents to estimateapproximately the cost of works yet tobe particularisedShall mean work instructed to becarried out in respect of ProvisionalSum itemsShall mean but shall not be limited toany installation providing electricity,mains gas, telecommunications, watermains , signalling, roads, railway or thelikeMeans a sub-contractor who providesservices of a specialist nature that in theopinion of the Contractor is required tocarry out elements of the WorksShall mean any authorised body whoprovides, maintains or is responsible forPublic Service InstallationsShall mean these conditions and theContract DocumentsSee Article 4Shall mean the scope of the work to beprovided as specified in the ContractDocumentsGeneral Provisions(a)Save where it is expressly agreed or stated in the Contract Documents theContract Sum is calculated on the basis that:(i)there are no requirements as to working outside Normal Working Hours(ii)Contingencies are not encountered that result in delay or delays to thenatural progress of the Works and/or give rise to the requirement to workoutside Normal Working Hours(b)The Clause headings in the Conditions of Contract shall not be deemed tobe part thereof and are not to be taken into consideration in theinterpretation or construction of the Contract. If any discrepancy arisesbetween the Conditions of Contract and that which is contained elsewherein the Contract the Conditions of Contract shall prevail.Execution of the Works(a)The Contractor shall carry out and complete the Works and provideeverything necessary for the proper execution of the Works in accordancewith the Contract, Industry Good Practice and the relevant statutes andregulations, save as excepted by the unforeseen presence of HazardousMaterials, Asbestos Containing Materials and prohibition on access to theSite.Page 6 DFC2006 National Federation ofDemolition Contractors Limited
(b)The Employer retains responsibility for:(i)the Site being and remaining available and accessible to theContractor for the duration of the Works(ii) the obtaining and paying for all necessary consents or accessesrequired for the Works4.(c)The Employer shall to the best of his knowledge notify the Contractor of allPublic Service Installations and other installations upon, under, adjacent orsubjacent to the Site and the location thereof. The safety of all suchinstallations if accurately and completely notified shall be the responsibilityof the Contractor. Damage to any Public Service Installation and otherinstallations not so notified by the Employer occurring in the execution ofthe Works and not attributable to negligence of the Contractor shall be atthe risk of the Employer who shall indemnify the Contractor against allclaims in respect thereof.(d)The Contractor shall be entitled to add to the Contract Sum and recoverfrom the Employer the cost of meeting the reasonable requirements ofStatutory Undertakers as to the execution or recovery of the cost of Worksaffected thereby. Including the protection and storage pending removal ofequipment of theirs on the Site, the proper sealing off, diversions orseverance upon or outside the Site of installations, services passing overunder or through the Site. PROVIDED that no such additional cost shall bemade hereunder for work expressly included in the Works, or for expensesprovided for under Clause 9 which have been paid by the Employer.Progress of the Works, Extension of Time, and Loss and Expense(a)Save as affected by any Contingency the Works shall be commenced uponthe date specified in Article 5 of the Agreement or within seven daysthereafter.(b)The Works shall be executed diligently and be completed by the Date ofCompletion.(c)Upon it becoming reasonably apparent that the completion of the Works islikely to be delayed by reasons beyond the control of, or which could notreasonably have been foreseen by the Contractor, or by variations asinstructed under Clause 5, the Contractor shall, within a reasonable time,give written notice to the Employer of the causes and the affect of suchdelay on the Date of Completion. Provided always that the Contractor shalluse his reasonable endeavours to prevent delay in the progress of theWorks, the Date of Completion shall be deemed to be extended by thelength of the delay notified by the Contractor and a new Date of Completionshall thereby be fixed.(d)If the Contractor has or is likely to suffer any loss and expense as a resultof the delay referred to at Clause 4 (c) above or otherwise, for which hewould not be reimbursed by a payment under any other provision of thisContract he shall give written notification to the Employer when thisbecomes apparent or within a reasonable time thereof.Page 7 DFC2006 National Federation ofDemolition Contractors Limited
(e)56.7.As soon as he is able to, the Contractor shall ascertain the amount of anysuch loss and expense and provide the Employer with copies of anycalculations and supporting evidence as the Employer may reasonablyrequire and the amount so ascertained and evidenced shall be added to theContract Sum.Variations and Provisional Sums(a)The Employer shall have power by notice in writing to order the Contractorto alter, amend, omit, add to or otherwise vary the Works. Provided that nosuch variation shall, except with the consent of the Contractor or except asrelates to Provisional Sums, be such as will together with any variationsalready ordered involve a net decrease in the Contract Sum payable to theContractor.(b)The Employer shall unless expressly otherwise provided in theseConditions issue instructions in regard to the expenditure of all ProvisionalSums set out in the Contract. Such instructions shall be issued in due timeand shall be valued in accordance with Clause 5 hereof.(c)Except where the value of variations or Provisional Sum Work so ordered isexpressly agreed between the parties the said value shall be determined byreference to the work involved using where relevant the prices containedwithin the Contract.(d)The provisions of these Conditions shall, mutatis mutandis, apply to allalterations, additions, omissions, or other variations ordered hereunder asthey apply to the Works but, without prejudice to the generality of theforegoing, a reasonable additional time shall be allowed for extra workordered or required unless expressly otherwise agreed. Any additional timeallowed shall be used to calculate a revised Date of Completion underClause 4 above.Sub-Letting(a)The Contractor shall be entitled at his discretion to sub-let any part or partsof the Works, which in the opinion of the Contractor ought to be delegatedto a Specialist Sub-contractor, provided always that the Contractor shall notbe entitled to sub-let the whole Works without the written consent of theEmployer.(b)Sub-letting all or part of the Works shall not relieve the Contractor from anyliability or obligation under the Contract. The Contractor shall beresponsible for the acts defaults and neglects of any Sub-contractor hisagents or servants or operatives as fully as if they were the acts defaults orneglects of the Contractor, his agent, servants or operatives.Fair Wages and Construction Industry Scheme [CIS](a)The Contractor shall in the execution of the Contract observe and performthe conditions of the Working Rule Agreement for the time being in forceand issued by authority of the Demolition Industry Conciliation Board.Page 8 DFC2006 National Federation ofDemolition Contractors Limited
8.9.(b)Where the Employer is a Local Authority the Contractor agrees to complywith the Fair Wages Regulations as generally applicable to LocalAuthorities at the time of contracting(c)If the Contractor is or becomes entitled to be paid without the statutory taxdeduction, he shall provide the Employer with evidence to that effect.(d)At all times the Parties will comply with current fiscal regulations applicableto the construction industry, including the CIS.Legislation and Codes of Practice(a)The Contractor shall comply with the legislation currently in force asapplicable to the Demolition Industry and shall execute the Works inaccordance with British Standard Code of Practice for Demolition BS.6187:2000 and any amendments thereto or successors thereof.(b)The Employer warrants that the Contract shall be prepared and carried outin accordance with the Construction (Design & Management Regulations)1994 (“the CDM Regs”), and (without prejudice to the generality of theforegoing) the Employer shall appoint those parties it is required to appointin accordance with the CDM Regs including any updates revisions oramendments thereto or successors thereof.(c)Whereas the Works are to include any construction works , and/orearthworks, and/or asbestos removal works these works shall be carriedout in compliance with the Contract Documents and the relevant legislationcurrent at the time of contracting.Local and Other Authorities Notices and Fees(a)The Employer warrants and undertakes at his own expense that:(i)He has or will in due time, give all notices necessary to comply withthe requirements of any applicable EU Regulations, or Directives;Acts of Parliament; Regulations and/or Bye-Laws of any LocalAuthority; National or Public Service Utility Company or Authority;affected by the Works, or from whose system any installations on thesite will be disconnected and in particular, that he has obtained everylicence permission or authority required for the execution of theWorks, and that he will pay the fees or charges payable by law undersuch Acts, Regulations, Directives and/or Bye-Laws in respect of theWorks, or any disconnections as aforesaid or will reimburse theContractor any amounts of loss and expense incurred by theContractor unless provision for such loss and expense was expresslyincluded in the Contract Sum.(ii) Without Prejudice to the generality of the foregoing the Employer willobtain the consents, and accesses referred to in Clause 3(b) or willreimburse the Contractor any amounts of loss and expense incurredin obtaining the consents and accesses unless provision for such lossand expense was expressly included in the Contract SumPage 9 DFC2006 National Federation ofDemolition Contractors Limited
10. Protection, Completion of Works and Handing Back the Site(a)The Contractor shall as from the date upon which the Site is handed overto the Contractor and until the Site shall be taken back by the Employer,be responsible for and take reasonable and proper steps for protecting theSite, and for providing and maintaining any necessary temporary fencing,barriers, boarding or fans for the safety of the public.(b) The Contractor shall notify the Employer in writing of the date, when in hisopinion the Works are Practically Complete. If not dissented from in writingby the Employer within 7 days of receipt of the Contractor's written notice,Practical Completion for all purposes of the Contract shall be deemed tohave taken place on the date so notified.(c)The Employers’ right to levy Liquidated Damages as set out at Article 7 ofthe Articles of Agreement is subject to the following Condition Precedents:(i)the failure by the Contractor to Practically Complete the works by theDate of Completion or by any later Date of Completion fixed by theapplication of Clause 4 of the Conditions; and(ii) the issue by the Employer to the Contractor of a written notice statingthat the Contractor has not Practically Completed the Works by theDate of Completion and of his intention to deduct LiquidatedDamages, such notice to be given no later than seven days from ofthe issue by the Contractor of a notice of Practical Completionrequired by Clause 10(b) of these Conditions.(d) It is expressly declared and agreed that no liability for safety or securitymeasures on or adjacent to the Site shall attach to the Contractor beforethe Site is handed over to him or after the Site is taken back into thepossession of the Employer. The Employer hereby indemnifies theContractor in respect of any claims arising directly or indirectly from anysuch liability.11. Contractors Third Party Liability Insurance(a)The Contractor shall be liable for, and shall indemnify the Employeragainst any expense, liability, loss, claim or proceedings whatsoeverarising under any statute or at common law in respect of personal injury asfollows:(i)Contractor’s Employers Liability IndemnityPersonal injury to or the death of any employee arising out of or in thecourse of such person's employment this insurance shall comply withthe Employers Liability (Compulsory Insurance) Act 1969 and anyamendment or statutory successor thereof;Page 10 DFC2006 National Federation ofDemolition Contractors Limited
(ii)Contractor’s Public Liability IndemnityPersonal injury to or the death of any other person whomsoeverarising out of or in the course of, or caused by the carrying out of theWorks, not due to any act or neglect of the Employer or of anyperson for whom the Employer is responsible.(b) Contractors Public Liability Indemnity - Property DamageExcept for such loss or damage which is at the risk of the Employer underClause 13, the Contractor shall be liable for and shall indemnify theEmployer against an
Page 3 DFC2006 National Federation of Demolition Contractors Limited 8. (1) The Contractor shall take out and maintain the following insurances in the minimum sums stated below: Clause 11(a)(i)
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