Escolar Documentos
Profissional Documentos
Cultura Documentos
Contract
2014
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FORM OF CONTRACT FOR ERECTION, HIRE AND
DISMANTLING OF SCAFFOLDING
BETWEEN
(the Contractor) of
and
RECITALS
Main Contract
(1) The Contractor has entered into a contract (the “Main Contract”) with its Employer, details of which are
as follows:
Date
Between
The conditions of the Main Contract are
Scaffolding Contract
ii.
iii.
iv.
a.
b.
c.
d.
IT IS AGREED as follows:
Article 1 The Contractor shall pay to the Scaffolding Contractor for the Works the sum of
Article 2 The Works shall be carried out in accordance with clause 2.2
Article 3 If any dispute or difference arises under this Contract, either party may refer it to adjudication
in accordance with clause 20.2 The nominating body shall be constructionadjudicators.com.
Article 4 Subject to Article 3, any dispute or difference arising under or in connection with this Contract,
shall be determined by legal proceedings.
Contract Documents this form of contract, its articles and conditions, together
with any other documents identified at recital (2).
Hand Over Certificate the Hand Over Certificate referred to in clause 5.2
The Works the works briefly described at recital (2), as varied (where
applicable) under clause 7
2.1 Nothing contained in the Scaffolding Contractor’s quotation or offer shall override or modify
the application or interpretation of these terms of contract. These terms of contract will take
precedence over any terms and/or conditions referred to/contained in or attached to the
Scaffolding Contractor’s quotation.
2.2 The Scaffolding Contractor shall carry out and complete the Works in accordance with the
schedule set out in clause 2.3 and the Contract Documents, with due diligence and in a good
and workmanlike manner.
(If more than one date for Hand Over Certificates append a list of the dates)
(If the Works comprise more than one phase Programme documents containing the above
information in relation to each phase should be appended)
Should any data in this clause conflict with the data in the Contract Documents, the data in this
clause 2.3 shall prevail.
2.7 The Scaffolding Contractor shall not make any assignment of the benefit of this Contract nor
sub-let any of the Works, without the prior written consent of the Contractor.
2.8 The Scaffolding Contractor will comply with all current Health and Safety and Technical guidance
issued by “The National Access and Scaffolding Confederation” (“NASC”).
3. CONTRACTOR’S OBLIGATIONS
3.1 The Contractor shall comply with and shall require other persons the Contractor allows to use
the Scaffold Structure to comply with all the requirements regarding safety as set out in clause
2.5, and all other provisions as to safety which are to be observed by the Contractor or such
other person under any applicable regulations or as reasonably required by the Scaffolding
Contractor
3.2 Contractor shall not use the scaffolding or any part of the scaffolding until receipt of a Hand
Over Certificate. Where the Works comprise more than one phase a Hand Over Certificate shall
be provided in respect of each phase. Once handed over the Contractor shall carry out periodic
inspections of the scaffold in accordance with his statutory obligations. No scaffolding material
or plant is to be used for any purpose other than that stated in this contract.
3.3 The Contractor shall not adapt/alter or interfere with the Scaffold Structure.
3.4 Upon the Scaffolding Contractor’s written request the Contractor shall make available all known
information relating to prevailing ground conditions. The Contractor does not warrant the
accuracy of the information provided.
3.5 The Scaffolding Contractor shall be deemed to have made due allowance in its pricing for all
prevailing ground conditions advised and working around any man-made obstructions in the
ground.
4. MAIN CONTRACT
4.1 The Scaffolding Contractor shall be deemed to know, observe, perform and comply with all
the provisions of the Main Contract (other than the details of the Contractor’s pricing). The
Contractor shall, if so requested by the Scaffolding Contractor, provide access to the Scaffolding
Contractor a copy of the Main Contract (omitting details of the Contractor’s pricing).
4.2 Any discrepancy or divergence between the Main Contract and the Scaffolding Sub-Contract
shall be notified immediately by the Scaffolding Contractor to the Contractor and the Contractor
shall issue directions in regard thereto.
5.1 The Scaffolding Contractor shall commence erection on the date specified in clause 2.3 above
and shall carry out and complete erection of the Scaffold Structure within the period of contract
referred to in clause 2.3
5.2 Upon completion of the erection of the Scaffold Structure or any section thereof, the Scaffolding
Contractor shall issue to the Contractor a Hand Over Certificate.
5.4 The Scaffolding Contractor shall commence dismantling within 7 days of a notice given by the
Contractor and shall carry out and complete the dismantling within the period for dismantling
referred to in Clause 2.3
6. CONTRACTOR’S INSTRUCTIONS
6.1 The Contractor may issue written instructions in connection with the Works with which the
Scaffolding Contractor shall comply.
If instructions are given orally, they shall, within 2 working days, be confirmed in writing by
the Contractor.
6.2 Except as provided in clause 7, the Scaffolding Contractor shall not be entitled to any additional
payment in respect of instructions from the Contractor.
6.3 If within 7 days (or 1 day where any Health and Safety Executive notice(s) relating to the Works
has been issued) after receipt of a written notice from the Contractor requiring compliance with
an instruction, the Scaffolding Contractor does not comply, then the Contractor may employ
and pay other persons to carry out the work and all costs incurred shall be due to the Contractor
from the Scaffolding Contractor.
6.4 If the Contractor has sent the Scaffolding Contractor a 7 day notice requiring the Scaffolding
Contractor to commence dismantling the Scaffold Structure, and the Scaffolding Contractor
fails to start and diligently continue to take down the Scaffold Structure within the period
specified for taking down the Scaffold Structure, the Contractor may dismantle the Scaffold
Structure.
6.5 Any scaffolding dismantled by the Contractor pursuant to clause 6.4 shall be made available for
collection by the Scaffolding Contractor immediately upon being dismantled. If the Scaffolding
Contractor fails to collect any dismantled scaffolding within 7 days the Contractor shall be
entitled to employ and pay others to remove the scaffolding from site and all costs incurred
including storage costs shall be due to the Contractor from the Scaffolding Contractor.
7. VARIATIONS
7.1 The Scaffolding Contractor shall carry out any variation of the Works that is instructed in writing
by the Contractor (Variation).
7.2 A Variation to increase the Contract Period shall be valued by reference to the Extra Hire Rate
referred to in Clause 2.3 or where priced the attached Schedule of Rates. All other Variations
shall be valued by the Contractor on a fair and reasonable basis, with reference to, where
available and relevant, rates and prices in the Pricing Documents. Valuation of Variations shall
include any direct loss and/or expense arising from the variation.
7.3 The Scaffolding Contractor may claim direct loss and/or expense incurred by the Scaffolding
Contractor due to the regular progress of the Works being affected by compliance with any
Variation, provided that the Scaffolding Contractor notifies its claim as soon as is reasonably
practicable. The Scaffolding Contractor shall provide sufficient information to enable the
Contractor to determine the amount of direct loss and/or expense.
7.4 The Scaffolding Contractor shall not vary the works other than pursuant to clause 6.
7.5 Unless already provided for within the agreed contract Works any instructions issued by the
Contractor to carry out partial and/or progressive dismantling shall constitute a Variation.
8.2 The Contractor agrees to give notice to the Scaffolding Contractor as soon as practicable and
in any event within seven days of any claim in respect of the items identified in 8.1.1 and
8.1.2 becoming apparent to the Contractor. The Contractor hereby agrees to refrain from
making any admission, offer, promise or payment in respect of the Scaffolding Contractor’s
liability without the Scaffolding Contractor’s written consent. The Scaffolding Contractor shall
be entitled to conduct in the name of the Contractor and to control all claims or proceedings
relating to these items upon the Scaffolding Contractor having been notified of their existence
and given to the Contractor notice of its desire to do so within seven days of being notified of
such claim or proceedings.
8.3 Insurance
The Scaffolding Contractor has effected and undertakes to keep in force at all material times,
policies of insurance in respect of its liabilities under clause 8.1 and undertakes to produce (or
to cause its insurers to produce) evidence of the extent of cover upon request.
9.1 Where the erection, alteration or dismantling of the Scaffold Structure involves work on or
adjacent to roofs or other fragile surfaces of any premises in respect of which the Scaffold
Structure is required, the Scaffolding Contractor shall be liable for any damage caused to
such roofs or surfaces, where such damage has been caused by the Scaffolding Contractor,
its servants or sub-contractors or persons for whom the Scaffolding Contractor is responsible,
provided always that in any such case, the Scaffolding Contractor shall be notified as soon
as possible after the damage becomes apparent and shall be allowed to inspect the same if
thought fit itself to arrange for its repair or making good.
9.2 Notwithstanding the provisions of clause 9.1, where the erection, alteration or dismantling
of the Scaffold Structure involves work on or adjacent roofs or other fragile surfaces of any
premises in respect of which the Scaffold Structure is required, the Scaffolding Contractor
shall not be liable for any damage caused to such roofs or surfaces where it has notified the
Contractor in the tender/quotation that such damage is inevitable if the Works are carried out,
provided that the Scaffolding Contractor shall use its best endeavours to minimise the extent
of any such damage, and shall work together with the Contractor to protect such premises.
Where any such damage occurs, the Scaffolding Contractor shall immediately notify the
Contractor of the occurrence of damage and shall work together with the Contractor to
minimise the extent of damage and to prevent as far as possible the occurrence of any further
damage.
10.1 Any rights which the Contractor’s Employers might otherwise possess under the terms of
the Main Contract over temporary buildings, plant, tools, equipment, goods and materials
on site shall not extend to affect the ownership/title of any items provided by the Scaffolding
Contractor in carrying out the Contract, which items shall remain unencumbered property of
the Scaffolding Contractor at all times including after the insolvency of the Contractor.
11.2.1 The Scaffolding Contractor shall be responsible for its equipment while it is on the
site, unless loss or damage to that equipment has been caused by the negligence or
wilful act or default of the Contractor, or other persons for whom the Contractor is
responsible.
11.2.2 The Contractor shall pay a fair and reasonable charge in respect of any equipment
not returned, or shall pay the cost of repairing damage to the Scaffolding Contractor’s
equipment, where the failure to return the equipment or damage has been caused by
the negligence or wilful act or default of the Contractor, or other persons for whom
the Contractor is responsible, PROVIDED ALWAYS THAT the payment of any such
charge shall not operate to pass to the Contractor any title to equipment which has
been lost, and, in the event of such equipment being discovered, the Contractor
shall take all practical steps to secure the return of the equipment to the Scaffolding
Contractor. Upon the return of the equipment, the Scaffolding Contractor shall repay to
the Contractor the charge paid by the Contractor or such proportion as is attributable
to the equipment so returned.
13.1 If the Scaffolding Contractor is delayed in erecting or dismantling the Scaffold Structure or the
carrying out of any Variation by adverse weather conditions, or the ordering of a Variation or
further Variation, or for any other reasons beyond the control of the Scaffolding Contractor, the
Scaffolding Contractor shall notify the Contractor in writing that the Works have been delayed.
The Contractor shall make such extension of time (if any) as is reasonable.
14. PAYMENT
14.1 The Scaffolding Contractor shall make applications for payments due to the Scaffolding Contractor
not later than one month after commencement of the Works on Site and monthly thereafter.
14.2 Each application for payment shall set out the sum that the Scaffolding Contractor considers to be
due to him and the basis upon which it is calculated by reference to the following:-
14.2.1 the value of work properly carried out by the Scaffolding Contractor, determined in
accordance with the rates and prices specified in the Pricing Document or by reference
to the Contract Sum if there are no rates and prices; and
The final date for payment shall be 28 days after the date of the application for payment.
14.3 The Contractor shall pay the amount stated in the application for payment by the final date for
payment unless it gives notice in accordance with Clause 14.4 (a ‘pay less’ notice);
14.4 If the Contractor intends to pay less than the sum set out in the application for payment it
shall no later than 7 days before the final date for payment give to the Scaffolding Contractor
notice of that intention, specifying the sum that the Contractor considers due at the date of the
application for payment and the basis upon which this is calculated.
Where a pay less notice is given the payment shall still be made on or before the final date for
payment and shall not be less than that stated in the pay less notice.
14.5 In the event of the Contractor failing to pay any sum due to the Scaffolding Contractor by the final
date for payment, the Contractor shall pay to the Scaffolding Contractor interest on such overdue
sum at the rate of 5% above the base rate of the Bank of England at the final date for payment.
15. SUSPENSION
If the Contractor fails to pay in full the sum due to the Scaffolding Contractor by the final date for payment,
then the Scaffolding Contractor may give a written notice of its intention to suspend the performance of its
obligations under the Contract. If the Contractor’s failure to make payment continues for 7 days after the
giving of such notice, then the Scaffolding Contractor may suspend the performance of its obligations.
16. DETERMINATION
Determination by Contractor
16.2.4 passes a resolution for voluntary winding-up (except for the purposes
of amalgamation or reconstruction); or
the Contractor may determine the employment of the Scaffolding Contractor by serving a
notice. The determination shall take effect when the notice is received.
16.3 If the employment of the Scaffolding Contractor is determined, the Scaffolding Contractor shall
immediately cease all work.
16.4 The Contractor shall not be obliged to make any further payments to the Scaffolding Contractor
until after completion of the Works.
16.5 There shall be due to the Contractor from the Scaffolding Contractor the additional costs of
completing the Works including any expenses and direct loss and/or damage incurred by the
Contractor as a result of the determination.
16.6 Upon determination, the Contractor is entitled to continued use of the Standing Scaffolds in so
far as they have been properly paid for under the terms of the Contract.
16.7 The Contractor shall not be entitled to use the Scaffolding Contractor’s equipment for purposes
outside the scope of the Works.
16.8 If the employment of the Contractor under the Main Contract is determined, the Scaffolding
Contractor’s employment under the Contract shall automatically be determined and the
Scaffolding Contractor shall immediately cease all work.
16.9 If the employment of the Contractor under the Main Contract is determined for any reason
other than in consequence of any breach of the Contract by the Scaffolding Contractor, the
Scaffolding Contractor shall be entitled to be paid the value of the Works properly carried out
and the reasonable cost of removal from the Site, less sums already paid. The Scaffolding
Contractor shall not be entitled to loss of profit.
17.2 A notice or other document shall be treated as effectively served if it is addressed, pre-paid and
delivered by recorded or registered post
17.2.1 to the addressee’s last known principal residence, or, if he is or has been carrying on a
trade, profession or business, his last known principal business address, or
17.2.2 where the addressee is a body corporate, to the body’s registered or principal office.
18.1 Where an act is required under the Contract to be done within a specified period of time after or
from a specified date, the period begins immediately after that date.
18.2 Where the period would include Christmas Day, Good Friday, or a day which under the Banking
and Financial Dealings Act 1971 is a bank holiday in England and Wales, or, as the case may be,
in Scotland, that day shall be excluded.
Nothing in this Contract shall confer or purport to confer upon any third party any benefit or right against
the Contractor or the Scaffolding Contractor.
20. DISPUTES
20.1 The parties may by agreement seek to resolve any dispute or difference arising under this
Contract through mediation in accordance with the procedures laid down by the Centre for
Alternative Dispute Resolution or in accordance with such other procedure as the parties may
agree.
20.2 Either party may at any time refer any dispute or difference arising under this Contract to
adjudication in accordance with the provisions of the Housing Grants, Construction and
Regeneration Act 1996 as amended by The Local Democracy, Economic Development and
Construction Act 2009. The nominating body shall be constructionadjudicators.com.
This contract shall be governed by the laws of England and shall be subject to the exclusive jurisdiction
of the courts of England and Wales.
All rates include a commissioning inspection and handover before use. Additional inspections requested by the
Contractor would be chargeable in accordance with item 32 within the schedule of rates. All inspections will be
carried out by a competent person and in accordance with the statutory requirements of the Work at Height
Regulations 2005, including reporting. A scaffold tagging system will be used and all inspections recorded and
reported to the Contractor in addition to the statutory reporting which will also be included in the rates.
6 Protection Fan Protection fan (and required design costs) for TG20:08 Class A Protection Fan.
(Class A) Measured in linear metres. (This will form the benchmark basis for other fans of
other load classes)
7 Roof Saddle Max 8m to roof apex. 3 to 5 boards wide Load Class 1 to 2 to all elevations of
the chimney stack. Item rate from roof line not including independent or tower
scaffold as these items are priced separately herein. For heights above 8m,
Schedule Notes (A) 8 will apply. Based on centrally located stack.
8 Decking (38mm Decking where required over and above that which comprises part of the
Board) working platform. Measured in square meterage.
9 Crash deck Decking required for crash decks to protect against falling objects. To include
Boarding two layers of scaffold boards sandwiching polythene sheeting. To include the
work required for any additional transoms over and above the industry standard
1.2m spacing and additional design requirements. Measured in square metres.
10 Guardrail & Double guardrails and toeboard in accordance with BS EN 13374 (not for
Toeboard scaffold platforms) e.g. flat roofs, steelwork, leading edges etc. Measured in
linear metres.
13 Steel Unit Beams To create openings up to 5.5m wide in an independent scaffold above or to
overcome an obstruction as required (e.g. out building). To include scaffold
design as and utilise beams to manufacturers instructions. Item is measured
to the clear span between scaffold standards not the length of beams used.
Additional boards if required to be charged as item 6. Measured in linear metres
from the external standards that connect the beam to the main scaffold.
15 Additional Ladder C/w adaptions to guardrails and working platforms, ladder stays, lashings/
ladder clamps, access hatches and ladder safety gates (e.g. external ladder to
1st lift c/w ladder gate and internal single lift ladders c/w hatches thereafter).
Measured in linear metres from the foot of the ladder to 1.05m above the
working platform.
16 Monarflex Fixed to working and non-working lifts as required. Measured to the outer face
of the scaffold in metres square. Price to include any extra scaffold costs from
increased loading.
17 Brick Guards For falling object protection fixed to guardrails. Measured per linear metre.
18 Stair Tower Maximum base dimensions on plan of approximately 3m x 3m in steel system
scaffolding. Incorporating 1 no. working platform lift. May be free-standing,
tied or abutted to another structure as appropriate. Measured to the working
platform level and not the guardrail height.
19 Ladder Tower Tower erected adjacent to the main working platform for the sole purpose of
housing a ladder to provide access, where S&W expressly agree provision of
other methods of access are not practicable. Measured vertically to the working
platform level and not the guardrail height.
20 Gin Wheel (20m) For raising and lowering materials. Measured per item.
21 Debris Netting Fixed to working and non-working lifts as required. Measured to the outside face
of the scaffold in metres square.
27 NPO x 1.5 Non-productive overtime rate paid at time and a half. (Normal working hours
08:00 to 16:00 Monday to Friday) Time and 1/2 is for the first four hours of
work in excess of 8 worked hours Mon-Fri and also Sat AM.
28 NPO x 2 Non-productive overtime rate paid at double time. (Normal working hours
08:00 to 16:00 Monday to Friday) Double time = Sat PM & Sun.
2 All rates exclude VAT. All rates include all transport costs, delivery, maintenance, loading unloading,
supervision, management and all temporary works that may be required in providing the service.
3 All rates include a commissioning inspection and handover before use. Additional inspections
requested by the Contractor would be chargeable in accordance with item 32 within the schedule of
rates. All inspections will be carried out by a competent person and in accordance with the statutory
requirements of the Work at Height Regulations 2005, including reporting. A scaffold tagging system
will be used and all inspections recorded and reported to the Contractor in addition to the statutory
reporting which will also be included in the rates.
4 Rates include the construction (erection), installation, fixing, delivery, minimum hire period specified,
dismantling and removal.
5 All rates include the provision of all necessary statutory signage including scaffold incomplete signs,
scaffold tagging, loading information and other signs.
6 Hire period ends on and including the date off-hired by the Contractor, not the date dismantled if
dismantle after the off-hire date. Off-hire instructions can be made up to 18:00hrs on the day of the
off-hire.
7 All rates calculated above include for any direct loss and/or expense arising from any variations.
8 Consideration to commencement height of scaffolds should be provided in the height increase %
table at the foot of the Schedule of Rates page. This percentage increase will apply to works carried
out in excess of 6m at the increments shown & does not apply to hire.
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