GLOSSARY

 Adjudication is an alternative method of dispute resolution. It is a process whereby a dispute arising under a contract can be referred to a third-party adjudicator. Parties have to agree to this method within a contract, but the procedure exists for anyone to use as a statutory right under the Housing Grants, Construction and Regeneration Act 1996. Comparatively, adjudication is a quick, cheap, private resolution process but the result is non-binding (i.e. can be contested through litigation, arbitration or mutual agreement). 

 Approved inspectors are privately appointed building control officers registered with the Construction Industry Council Approved Inspectors. They offer an alternative to those available by the Local Council. Advantages are typically greater availability for meetings and site visits, faster response times to queries and more assistance in understanding the means towards compliance of building regulations. 

Arbitration is a legal method of dispute resolution that is governed by the Arbitration Act 1996, whereby parties agree to submit a dispute to an independent third-party arbitrator who will determine the dispute with the issuing of an award with is legally binding. While the process is private, binding and cheaper than litigation, it is not bound by statutory lead times, so can be protracted, more expensive than adjudication with limited appeal rights. 

 Architect's Instructions are mechanisms within construction contracts giving the Contract Administrator (typically the architect) the power to issue instructions upon the Contractor. These can include instructions to vary works, postpone works, remedy workmanship, open up works for inspection, carry out tests or exclude persons from site. 

 The Architects Registration Board (ARB) is an independent statutory regulatory whose primary function is the regulation of the profession to ensure standards are being maintained. The ARB was formed under the Architects Act of 1997. Other responsibilities of the ARB include the prescribing of qualifications to become an architect, maintaining the register of UK architects and investigating complaints about conduct or competence. 

Areas of Outstanding Natural Beauty (AONB) an area of countryside in England, Wales or Northern Ireland which was been designated for conservation due to its significant landscape value. Such special designation should be carefully considered and reviewed when approaching any form of planning approval. 

The Approved Documents are guidance produced by the Department of Levelling Up, Housing and Communities on ways to meet building regulations. These contain general guidance and practical examples and solutions on how to achieve compliance for common building situations. There are eighteen approved documents covering various subject areas such as electrical safety, security and ventilation. 

 A Bill of Quantities (BOQ) is a document that states the measured quantities for the various building components based on the drawings and specifications of a tender set. These quantities might be measured in length, area, volume appropriately. This document is prepared by Quantity Surveyor/Cost Consultant to assist tendering parties to provide costs against against each line item. BOQ are only suitable for medium to large projects and provides a more accurate system for tendering. 

 Building Information Management (BIM) refers to the adoption of a "shared digital representation of a built asset to facilitate design, construction and operation processes to form a reliable basis for decisions" (as described under ISO 19650:2019. Within the UK BIM Framework (2018) there are four identified levels of maturity from 0 to 3.  

 Building Regulations are national minimum standards for design, construction and alterations, these are set out under The Building Regulations 2010. 'Approved Documents' are available as guidance for building regulation compliance in common building scenarios. Independent third-party verification is required in building control related matters and are available in the forms of Approved Inspectors of Local Authority Building Control Officers. 

 A Clerk of Works, commonly referred to as a 'Site Inspector for Construction Works', is a resident site inspector who is appointed to represent the client's interests by providing an independent assessment of the works. This may be done by keeping a site diary, attending construction progress meetings and producing regular written reports. A Clerk of Works generally reports to the Contract Administrator to relay key information surrounding quality and progress. 

Collateral warranties are agreements associated with primary contracts, extending the duty of care of one party within a contract to a third party who was not privy to the original contract. For example, a contractor may have a collateral warranty with future home owners, although their original construction contract may only be with the client (a developer). This would allow the future home owners to hold the contractor accountability under terms of the contract. 

Community Infrastructure Levies (CIL) are charges imposed by local authorities on a square meterage basis to fund developments and investments to local infrastructure. CIL calculations take place during planning, an alternative method of local authorities raising funds are section 106 agreements. 

Conservation Areas are one of four special designations under planning regulations that aspires to manage and protect the special architectural and historic interest of a place. Conservation Areas are typically designated by local planning authorities and result in additional planning controls and considerations. Other special designations include Listed Buildings, Areas of Outstanding Natural Beauty (AONB) and Tree Preservation Orders (TPOs). 

 Construction Contracts are agreements between a contractor and a client for the construction of the works specified under the terms of the contract. 

 "Construction Design Management (CDM) 2005 are the main set of regulations for managing the health, safety and welfare of construction contracts." HSE, Managing health and safety in construction, L153 (2008).  

 The role of the Contract Administrator is one for administering the terms and clauses stated within the contract. The role two-fold, to give impartial agency to the construction contract on behalf of both parties (the Client/Employer and the Contractor), as well as a decision making function, such as considering claims submitted by the Contractor and the Client, requested for payment and quality assurance. This role may be fulfilled by the Project Architect, but could also be taken on by the lead consultant, cost consultant or Project Manager. Demonstrating impartiality is a fundamental component of operating as a Contract Administrator. 

Cost reimbursable contracts are forms of construction contracts whereby the contractor is reimbursed for the costs they incur on a project for carrying out the works, with an additional fee as their profit. This additional fee can be calculated as a fixed fee, or percentage of the billable costs being invoiced. Cost reimbursable contracts are often referred to as cost plus contracts. 

A covenant is an agreement, contract, or written promise between two individuals that frequently constitutes in a pledge to refrain from doing something. An example would be an obligation to 'not do something', such as not use a particular portion of land for agricultural or industrial purposes. 

 Design and Access (DAS) statements are short reports accompanying and supporting a planning application. A DAS is required to accompany planning applications for major development or those in areas of sensitive interest, such as Listed building consent applications, Conservation Areas and World Heritage Sites. The purpose of a DAS is to explain the design principles and concepts that have been applied to the development. The level of detail should be proportionate to the complexity of the application. 

 A Duty of Care is a legal obligation imposed on an individual to uphold a reasonable standard of care while providing a service.  In terms of construction, this refers to avoiding the creation of unreasonable harm or loss on another part. A duty of care can be expressly stated as a contractual obligation, or generally be owed in tort to their clients or third parties.  

 An easement is a right to use over the property of another. An example would be whereby an easements permits the dominant owner the right to enter or use the servient land in a specified manner. 

 Extension of Times are contractual mechanisms that allows for the construction period of a project to be extended if the delay is as a result of matters beyond the contractor's fault. These are referred to as Relevant Events within JCT contracts. Contractor's should notify the Contract Administrator in writing of any foreseeable delay when it becomes reasonably apparent.  

Under Construction (Design and Management) Regulations 2015, projects that are notifiable (i.e. likely to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project or exceed 500 person days) must be brought to the attention to the Health and Safety Executive (HSE) via. the use of a F10 form. This action falls under the responsibility of the Client, unless a Principal Designer has a written agreement to carry out the client's duties on their behalf. 

 The Final Certificate is issued by the Contract Administrator/Architect to certify the completion of the construction contract, thus releasing the remaining retention fee and signalling the beginning of the limitation period. The value of the certificate is based on the final account agreed by the cost consultant and contractor. 

The Health and Safety Executive (HSE) is a UK government agency created by the Health and Safety at Work etc. Act 1974 to encourage, regulate and enforce workplace health, safety and welfare. 

The Health and Safety File is one of three critical information exchanges under CDM Regulations 2015. It is the responsibility of the Principal Designer to prepare the H&S File so that the client is in possession of information required for future work to take place on the building safety. The Principal Designer oversees the H&S File during the Pre-Construction Phase, while the Principal Contractor must contribute to the file during the construction of the works.  

 Information Release Schedule are schedules prepared in the event that during tendering not all information is available. It provides deadlines for the release of the required information from different members of the design team to assists the contractor in minimising delays to the construction period on site.  

Interim Certificates are mechanisms within construction contracts that notify the Employer/Client to make payments to the Contractor. Any works lasting longer than 45 days are entitled to receiving interim or stage payments as stated under The Housing Grants, Construction and Regeneration Act. 

The period of time following the issuing of the Final Certificate whereby a claim in relation to a simple contract must be made within 6 years of the date on which the cause of action accrued, for contracts executed as a deed, this period is extended to 12 years. 

 A Listed Building is a form of special designation under the Planning (Listed Building and Conservation Areas) Act 1990 that puts in place special controls for the demolition, alteration or extension of buildings, objects or structures of particular architectural or historic interest. Listed Building Consent needs to be applied for in addition to Planning Approval. 

 At the end of the Rectification Period (also known as the Defects Liability Period), the Contract Administrator/Architect draws up a schedule of defects with dates for delivery. Once these are all rectified, the Making Good of Defects Certificate is issued and discussions towards the Final Account can proceed. 

Assistance is sought with the use of an agreed third-party appointed by the parties. A written summary from both parties can be provided to the mediator by means of an introduction to the dispute. Verbal presentations are made in joint and private sessions whereby the mediator attempts to assist both parties coming to an agreement. Results are non-binding and can be contested through adjudication or litigation, or separately pursued by these means in the event that no agreement can be made between parties. The role of the mediator is to assist both parties in coming to a mutual agreement, not to offer commentary on right or wrong. Advantages include being quick, cheap and private. 

Open tendering gives the opportunity to all those who wish to express an interest to tender for the proposed works. Public procurement is a form of open tendering. Open tendering provides for maximum competition for the client, allowing new companies to tender and avoids restrictive and collusive practices. The disadvantages are the greater risk of inadequate building standards using tendering parties that have not undergone pre-qualification checks, while the large amount of submissions can make post-tender checks administratively cumbersome and time consuming. 

 Within construction contracts there are provisions for the instruction to open up works carried out for inspection if the Contract Administrator is suspect that defects might exist. As per testing, any tests proven to consist of defects are costs borne by the Contractor, the if there are no defects, the additional costs are added to the contract sum. 

A Partnership is formed by two or more people, whereby all partners are jointly and severally liable for one another (meaning that any one Partner can be liable for all the debts of the business should other Partners be unable to pay). Like a sole trader, the practice structure is easy to form, manage and run, with minimal management structure and no public disclosure of accounts. Commonly cited disadvantages are that partners have full personal liability, affecting all partners and disputes and disagreements are a source of trouble in the absence of a detailed deed of partnership.  

Planning conditions are conditions appended to planning permission that need to be adhered to control the way in which the permission is implemented. The purpose of the planning conditions are to improve the quality of planning applications through the requirement of additional submissions for approval before development of the whole or specific part of the development can take place. This process is often referred to as discharging conditions. 

For large and/or contentious projects that are likely to attract the attention of Local Councillors, the Local Planning Authority may allows the planning application to go to committee, which are public meetings where elected councils assemble to determine the outcome of the application. Representations and often presentation by the planning application architect, agent or client are typically made and members of the public are able to attend, discuss and ask questions in relation to the scheme to assist the committee in making a determination. 

Practical Completion Certificates are whereby the Contract Administrator/Architect certify that the completion of the works has taken place. This has the effect of triggering the start of the rectification period, ending the Contractor's responsibility for insuring the works, ending the Contractor's liability for liquidated damages, halving the retention held back in previous payments and starting the period for final adjustment of the Contract Sum. 

 Construction Contracts are agreements between a contractor and a client for the construction of the works specified under the terms of the contract. 

 Relevant Events are actions that occur while works are taking place on site our of the control of Contractor which may allows them to qualify for both an 'Extension of Time' (Time) and a claim to loss and expense (Money) as a direct result. Relevant Events can be neutral to both the Contractor and Client, such as exceptionally adverse weather, civil commotion or terrorism, while others may have been directly caused by other parties, such as variations, failure to provide information or delay in giving the contractor possession of the site. Consult the construction contract for the definitive list of what constitutes a 'Relevant Event'. 

 Section Completion Certificates are pre-agreed stages at which different portions of the works all have their own respective Dates for Completion. The issuing of a Sectional Completion Certification replicates all of the contractual mechanisms that a Practical Completion Certificate would trigger. The 'Rectification Period' begins following the issuing of the Sectional Completion Certificate for that respective section. 

 Selective Tendering is a method of tendering whereby a shortlist of tendering parties are prepared based on their availability, suitability and  experience. Tendering parties prefer to be chosen from a selective list as it increases the likelihood of winning a tender, in contrast to open tendering where the number of tendering parties may not be known until the deadline date. Advantages include being able to conduct pre-tender checks on the parties' capabilities, while disadvantages include the difficulty of new firms getting on tender lists. 

 Single Tendering is whereby a single contractor is approached to tender for the proposed works. Such a method of tendering should only be reserved for specialist work, or work under exceptional circumstances. The disadvantages of this method is the lack of competitiveness it offers as a reflection of market value and its unsuitability for public projects. 

The simplest form of practice structure which is low cost, easy to set-up with a minimal management structure. No public disclosure of accounts is an often cited advantage, but sole traders have unlimited liability and can become personally liable for any debt the business operations incur. 

A Stop Notice is a form of Enforcement Notice that can be issued by a Local Planning Authority for activities on site to cease in relation to the area referenced within the notice. Such notices are issued in the event that there is the belief that a breach of planning control has occurred, such as development without proper planning permission or failure to comply with a planning condition.  

 Two-stage tendering is a form of tendering that allows for the early appointment of a contractor prior to the completion of all technical information that will facilitate the provision of an accurate cost for the works. The first stage of the appointment usually takes place at the end of Stage 02 - Concept Design in a limited capacity, offering input on areas surrounding buildability and sequencing. The second stage of the appointment surrounds the completion of the works for an agreed sum in the delivery of the construction contract.  

Whereby the Employer/Client serves notice on the Contractor for taking possession of part of the works before the Completion Date, permitting that this is done with the Contractors' approval and does not impede the Contractor in completing the remainder of the works. The Employer takes full liability for that portion of the works and a proportional reduction of insurance coverage and liability for liquidated damages should reflected for the Contractor. The issuing of this notice replicates the formal procedures that would have occurred with the issuing of the 'Practical Certificate'. 

 Within construction contracts, there are provisions for the instruction to open up works completed on site for inspection by the Contract Administrator/Architect if they are suspect that defects might exists. If any defects are found, the cost of rectifying the works are borne by the Contractor, if there are no defects, the additional costs are added to the contract sum. 

 A novation is a contractual mechanism is commonly used in Design and Build procurement routes to replace the Architect’s initial appointment with the Client, with one with the Contractor in the switch from Concept Design to Detailed Design. 

 A Limited Liability Company (ltd) is an entirely separate legal entity owned by shareholders, protecting individuals with limited liability, avoiding the risk of personal responsibility for debts. Directors are required to show a duty of care to the company.  

 “An application for full planning permission results in a decision on the detailed proposals of how a site can be developed. If planning permission is granted, and subject to compliance with any planning conditions that are imposed, no further engagement with the local planning authority is required to proceed with the development granted permission, although other consents may be required.”  'Making an Application' (https://www.gov.uk/guidance/making-an-application) Last Updated 24 June 2021. 

 “An application for outline planning permission allows for a decision on the general principles of how a site can be developed. Outline planning permission is granted subject to conditions requiring the subsequent approval of one or more ‘reserved matters’.”  'Making an Application' (https://www.gov.uk/guidance/making-an-application) Last Updated 24 June 2021. 

 Opportunities to meet local planning officers to receive informal, non-binding advice on your proposal - an encouraged interaction to demonstrate engagement with the local council in developing a proposal that meetings both the local district’s agendas, as well as potential concerns on behalf of local residents. Pre-applications can be with held with various consultees for focussed discussions on housing, conservation, trees and parks, services, etc. 

 Most informal and flexible form of alternative dispute resolution (ADR). Parties attempt to agree matters in dispute without the third party assistance. Negotiation can often include legal representation, but does not necessarily require the involvement of lawyers. A preferred method commonly used by private individuals. Advantages include the privacy, lack of involvement of representation and legal costs and being a fast process if both parties are amicable. Disadvantages include potential for negotiations to stagnate with the lack of third party involvement and uncooperative behaviour.