ABSTRACT
This chapter outlines various processes and considers particular matters that arise in relation to the Royal Institute of British Architects (RIBA) Building Contracts. The court decided that contractual adjudication provisions in the consumer’s contract were not unfair under the Unfair Terms in Consumer Contracts Regulations 1999 because they did not cause a significant imbalance in the parties’ rights and obligations. Normally, for projects of the scale for which the RIBA Building Contracts are intended, one of two methods will be used: competitive tendering with a small number of contractors, or negotiation with a single contractor. The information included in the tender documents will eventually form the basis of the contract itself. The client may replace the contract administrator with another firm at any time, provided it notifies the contractor. The Contract Details require the parties to insert an agreed amount of liquidated damages per day, and the contractor should be informed of the rate at the tender stage.
