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.

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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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