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Liability and Contracts

Contracts | Liability Briefings

CIC’s work in the area of contracts, insurance and legal liability issues is undertaken by its Liability Panel, one of CIC’s longest running committees. The panel has some 40 members consisting of representatives from CIC’s membership and others and is chaired by Frances Paterson MBE.

The Panel has drafted a number of contractual documents published by CIC (consultant Collateral Warranties, a Novation Agreement and the Consultants' Contract including the CIC Scope of Services) and these are listed below. Go to Publications to purchase.

From time to time, the Panel also issues guidance in the form of Liability Briefings. These are available free of charge as pdf files, and are listed at the bottom of this page.

Contracts (go to the Publications page to purchase)

CIC Consultants' Contract
(November 2007)

comprising

  • CIC Consultants' Contract Conditions CIC/Conditions
    Conditions of contract for the appointment of consultants on major building projects (£29.38 plus p&p).
  • CIC Scope of Services CIC/Services
    Integrated and detailed scopes of services for use by members of the project team undertaking the definition process on major building projects (£58.75 plus p&p). For use with the CIC Conditions or with other conditions of contract for the appointment of consultants, specialists and contractors.
  • CIC Scope of Services Handbook CIC/Handbook
    Guidance on use of the integrated and detailed scopes of services for use by members of the project team undertaking the definition process on major building projects (£10 plus p&p, free when purchased with the Conditions and Services; also available as a pdf file).

Novation Agreement CIC/NovAgr
(March 2004)

Standard form of agreement for use where the appointment of a consultant is to be novated from an employer to a design and build contractor. (£14 plus P&P)

Novation Agreement CIC/NovAgr(S), available as a pdf file
(Scottish edition 2006)

Standard form of agreement for use where the appointment of a consultant is to be novated from an employer to a design and build contractor - where the applicable law is that of Scotland. (£10)

Novation Agreement Supplemental Agreement
(March 2004)
Novation Agreement Supplemental Agreement
(Scottish edition 2006)

Standard form of agreement for use where - following the novation of a consultant from an employer to a design and build contractor - a warranty is to be given by the consultant to the employer. This Agreement is only suitable for use with the CIC Novation Agreement.
Download Supplemental Agreement.
PDF
Download Supplemental Agreement (Scottish edition) PDF

Consultants' Collateral Warranties

Consultant-Employer CIC/ConsWa/D&BE, only available as a pdf (October 2005)
Standard form of agreement for use where a collateral warranty is to be given by a consultant who has been employed throughout by a design and build contractor to the contractor’s employer. (£10)

Consultant funder CIC/ConsWa/F (July 2003)
Standard forms of agreement for use where a collateral warranty is to be given by a consultant to a funder of a commercial or industrial development. (£16 plus P&P)

Purchaser/Tenant CIC/ConsWa/P&T (July 2003)
Standard form of agreement for use where a collateral warranty is to be given by a consultant to a purchaser/tenant of a commercial or industrial development. (£16 plus P&P)

Download Sample net contribution clauses December 2004 PDF

Liability Briefings

July 2010 CML Certificates PDF
June 2009 The implications of consultants appointing subconsultants PDF
January 2009 Indemnities in consultants’ appointments PDF
October 2008 Professional indemnity insurance for construction consultants PDF
October 2008 Professional indemnity insurance - The dangers of changing insurers PDF
October 2008 Asbestos-related claims and professional indemnity insurance PDF
November 2007 The CIC Scope of Services Explained PDF
August 2007 Standard forms of consultant collateral warranty compared PDF
February 2007 Money laundering in the context of dispute resolution PDF
October 2008 Liability to third parties for reports PDF
October 2008 Net contribution clauses PDF
October 2008 Novation of consultants’ appointments on design and build projects PDF
October 2008 Managing liability through financial caps - Scottish Edition PDF
October 2008 Managing liability through financial caps PDF
February 2003 The Society of Construction Law Delay and Disruption Protocol PDF
October 2008 Personal Liability of Employees PDF

 

 

 

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