Liability and Contracts

Contracts | Briefings | Liability Alerts | Other publications relating to Liability

CIC’s work in the area of liability 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 A Paterson.

The Panel has published a number of contracts and issues Liability Briefings and Liability Alerts (all of which are listed below). Following the successful publication of the consultants’ Collateral Warranties in July 2003, a Novation Agreement was published at the beginning of March 2004.

The CIC Consultants' Contract, a contract for the appointment of consultants on major construction projects, will be published in spring 2007. View Exposure Draft

Contracts (go to the Publications page to purchase)

Sample net contribution clauses December 2004

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. (£10.00 no P&P as document will be emailed)

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.
Download Supplemental Agreement (Scottish edition)

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 no P&P as document will be emailed)

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. (£16.00 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. (£16.00 plus P&P)

Briefings

November 2007	The CIC Scope of Services Explained
August 2007	Standard forms of consultant collateral warranty compared
February 2007	Money laundering in the context of dispute resolution
December 2006	Liability to third parties for reports
December 2004	Net contribution clauses
June 2004	Novation of consultants’ appointments on design and build projects
May 2004	Managing liability through financial caps - Scottish Edition
February 2004	Managing liability through financial caps
January 2004	Professional indemnity insurance for construction consultants
November 2003	CIC Consultants' Collateral Warranties
April 2003	e-Business
Liability Alerts
October 2004	Asbestos-related claims and professional indemnity insurance
March 2003	Professional indemnity insurance - The dangers of changing insurers
February 2003	The Society of Construction Law Delay and Disruption Protocol
March 2002	Personal Liability of Employees
Other publications relating to Liability:
March 2003 (Updated)	Alternative Dispute Resolution Service Providers Directory First published in 2001 the directory was compiled by Frances A Paterson on behalf of CIC’s Liability Panel. Introduction written by John Burkett