Document downloads - Letters of intent
Available downloads
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Comfort letter
A comfort letter expresses the intention of one of the parties to act in a particular way (for example, to enter into a contract), but does not create any legal obligation on that party actually to act in that way. The author of the letter will only be liable for deviating from the stated intended course of action if the expressed intention was not actually held at the time that the letter was signed.
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Consent to spend
A sample consent to spend letter. Instructions to proceed with consent to spend are sometimes referred to as 'if' contracts, and usually take the following form:
'if you commence works pending preparation of the contract documents, then we will reimburse you your reasonable costs should the contract not be entered into.'
These agreements are legally binding contracts which pre-date and are superseded by the principal contract when it is executed. They must be entered into by a duly authorised representative of the party procuring the works. Consultants often make the mistake of issuing such letters on behalf of their clients. Unless the practitioner has authority to enter into contracts as the agent of his client, he or she should not sign such letters, but should leave it to the client to do so. -
Recognition of existence of a binding contract
Letters recognising the existence of a binding contract between the parties may be used to execute the contract before the formalities of copying, binding and signing the contract have been completed.
A letter recognising the existence of a binding contract has similar effects to the execution of the contract itself. If the contract is repudiated after such a letter is in place, but before the contract itself has been signed, the employer will be liable for loss of profit by the contractor on the outstanding works.
This is a sample form of letter recognising the existence of a binding contract. -
Contracts extension of time
A sample notice of extension of time for use with JCT contracts (in PDF and Word format).
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Contracts certificate of non-completion
A sample notice of non-completion for use with JCT Intermediate and Standard contracts (in PDF and Word format).
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Contracts statement of retention values
A sample statement of retention/payment values for use with JCT Iintermediate and Design and Build contracts (in PDF and Word format).
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Contracts instruction
A sample notice of instruction for use with JCT contracts (in PDF and Excel format).
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Contracts valuation form
A sample valuation form for use with JCT contracts (in PDF and Excel format).
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Contracts certificate for payment
Sample certificate for payment for use with JCT contracts (in PDF and Word format).
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Contracts site direction
A sample notice for site direction for use with JCT contracts (in PDF and Excel format).
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Contracts notice of dispute
A sample notice of dispute for use with JCT contracts (in PDF and Word format).
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Contract administration (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
The purpose of this guidance note is to provide practical guidance to RICS members in England and Wales who undertake the role of 'contract administrator' (CA).
The role of the CA covers a wide range of possible services and projects from the smallest residential scheme through to larger commercial projects. The responsibilities of the CA will be defined by the form of building contract and the professional appointment under which the CA is appointed. As the majority of surveyors only deal with small to medium sized contracts, this guidance note will concentrate on the role of CA at this level; and in particular within the provisions of contracts issued by the Joint Contracts Tribunal (JCT - minor works, intermediate and standard building contracts). In addition, many of the principles set out in this guidance note will also apply where no standard form of contract has been entered into, particularly for smaller works. While the guidance note does not deal with full 'design and build contracts, the issue of the employer's responsibility for design is considered.
On this basis it should be noted that this guidance note does not cover other forms of JCT contract, GC works, BPF/NEC or ICE forms, other than to distinguish the role of the CA. It also does not deal with the responsibilities of employers' representatives under design and build arrangements, where the responsibility is to act exclusively in the interests of the employer, albeit honestly and with integrity.