Contract Acceptance by Commencement

You’re a Main Contractor working on a JCT Standard Building Contract (2016). You’ve agreed a price and programme with a Subcontractor following receipt of their quotation and, having held a meeting with them, have confirmed our agreement on an email.

I need them to start on site in the next few days but haven’t yet issued their formal Subcontract and will not be able to do this before I need them on site.

We put together this scenario to Jason Farnell, Adjudicator and CEDR Accredited Mediator from Commercial Risk Management.

What’s in this book?

Where do I stand contractually if the subcontractor starts on site without receiving/signing the Subcontract?
What are the risks of issuing their Notice to Commence ahead of the Subcontractor signing the Subcontract?
What happens if the Subcontractor refuses to sign the Subcontract after commencement on site?

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