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1980 Edition

(incorporating Amendment 1 (1984),

Amendments 2 and 3 (1988),

Amendments 5,6,7 and 8 (1989),

Amendment 9 (1990),

and Amendment 10 (1998)

Domestic Sub-Contract

DOM/1

Articles of Agreement

Standard Form of Sub-Contract for Domestic Sub-Contractors: see

clauses 19.2 and 19.3 of the JCT Standard Form of Building

Contract 1980 Edition. ..

(This reprint of DOM/1 is appropriate for use where the form of main

contract is one of the following editions of the JCT Standard Form:

Local Authorities/Private edition/With/Without Quantities and

incorporates main contract amendments Amendment 1: 1984,

Amendment 2: 1986, Amendment 4: 1987, Amendment 5: 1988,




Amendment TC/94: 1994, Amendment 15: 1995, Amendment 16:

1996, Amendment 17: 1997 and Amendment 18: 1998)

The Conditions referred to in Article 1.3 are issued separately for

incorporation in this Form where so required.

IMPORTANT NOTICE

Amendment 4 to Sub-Contract DOM/1 (published in September

1989) is only for use where Amendment 3 to the JCT Standard Form

of Building Contract 1980 Edition applies to the Main Contract. That

Amendment, which only applies to the "Without Quantities" version

of the JCT Standard Form, was issued in March 1987.

Since the "Without Quanti ties" version is a lump sum contract,

which does not contain provision for any part of the Works to be

measured and valued, it wi ll be necessary for Article 2.2 of Sub-

Contract DOM/1 to be deleted in every case where Amendment 4 to

SUb-Contract DOM/1 applies - unless, notwithstanding the use of

the "Without Quantities" version of the Main Contract, the parties to

the Sub-Contract agree that the SUb-Contract Works will be subject

to re-measurement, in which event Article 2.1 of the SUb-Contract

should be deleted. Where Article 2.2 of the SUb-Contract is deleted,

the related provisions in clause 15.2, 17 and 18 of the Sub-Contract

Conditions, and any references elsewhere in those Conditions (eg in

clause 30) to the "Tender Sum" or "Ascertained Final SUb-Contract

Sum", will similarly be inapplicable.

Amendment 4 has not been incorporated in this re-print, but is

available separately.




1980 Edition Articles of Ag reement

Sub-Contract Conditions

Domestic Sub-ContractDOM/1

CORRECTIONS - July 1998

ARTICLES OF AGREEMENT

Front Cover "and Amendment 10 (1998)" should be deleted from the top left hand corner of the front cover of the

Articles of Agreement.

Article 1.3 This should read as follows:

"The Sub-Contract Conditions set out in "the Sub-Contract Conditions for use with the

Domestic Sub-Contract DOM/1" including [b) Amendments 1 to 3, and 5 to 9 thereof inclusive

and published by the Construction Confederation shall be deemed to be incorporated in Sub-

Contract DOM/1 as executed by the parties hereto,"

Article 4.1 The words in parenthethis on the penultimate line should read: "Clause 386 applies"

Part 8 page 11 The last line should be amended to read "Clause 386 applies",



SUB-CONTRACT CONDITIONS

Clause 1.3

Clause 6.1.2

Clause 8B.3

Clause 8C.3.3

Clause 16.3.3.4

Clause 16.4:1

Clause 18.1.2

Clause 19B.5

Clause 20A.6

Clause 21.4.5.1

Clause 21.4.5.4

Clause 28

Clause 32

Clause 35.4

Clause 36.1.6.2

Clause 36.3,2

Clause 36.5

Clause 38A.5.6

Clause 38B.1.2

Clause 38B

Clause 38B.7

A definition of "Statutory Requirements" is required. This is referred to later on in clause 4.1.7. In

order to match the wording of clause 6.1.1 of the JCT 80, the defini tion should read:

"Any Act of Parliament, any instrument, rule or order made under any Act of Parliament, or any

regulation or byelaw of any local authority or of any statutory undertaker which has any

jurisdiction with regard to the Works or with whose systems the same are connected".

It should read in the last line "clause 27 or clause 28 or clause 28A of the Main Contract Conditions".

In the second last line, combine "there from" to make "therefrom".

Combine "there from" to make "therefrom".

Delete - this is a repetition of the text which properly forms the first two l ines of 16.3.4.

At the beginning of the first indented sub-paragraph, the words "compliance with any direction as to

the expenditure of a provisional sum," should be deleted: they are repeated immediately afterwards.

In line 8, the footnote "[dd]" should be footnote ~.

In line 4, correct "clause 19A.5" to "clause 19B.5". 1

In line 2, correct "omission or repayment" to read "omission by repayment".

In line 3, correct "therefore" to "therefor".

This Clause should be deleted because the cross reference to the Main Contract Conditions has been

overtaken by Amendment 18 to JCT 80.

In line 6, correct "contractor" to "Contractor".

Clause 32 should be deleted. 2

The clause number is missing from the beginning of this clause (it should appear immediately below

the clause nos. "35.4 - .6").

Delete the full stop after "Base Date".

Correct "market rice" to "market price" in l ine 2.

The clause number is missing, as for clause 35.4.

In line 2, delete the full stop after "38A.5.5".

In line 1,correct "works" to "Works".

Footnote [hh] "JCT Arbitration Rules" should be amended to "JCT 1998 edition of CIMAR".

The first sentence should read as follows:

"The arbitration shall be conducted in accordance with the JCT 1998 edition of theConstruction Industry Model Arbitration Rules current at the Base Date [hhr

2

This typographical error existed prior to DOM/1 being republ ished in May 1998.

During the drafting of the revisions to the Domestic Sub-Contract DOM/i, clause 32 was drafted and was

the subject of discussions with representatives of the National Specialist Contractors Council and

Specialist Engineering Contractors Group. Although both sub-contractor representative bodies no longer

approve DOM/1 in its present form, it was agreed that clause 32 should be deleted. Due, however, to a

printing error,this did not take place and clause 32 should therefore be deleted from the standard form.

Published by Construction Confederation

Construction House,

5{x)4 Leonard Street, London EC2A 4JX

© Construction Confederation 1998

This form is approved by:

Construction Confederationypeset and produced by Duce & Co



Recitals

Second

Third

Fourth


made the _ dayof __ 19

Between __

of (or whose registered office is si tuated at)

(hereinafter called "the Contractor") of the one part and

of (or whose registered office is si tuated at)

(hereinafter called "the Sub-Contractor") of the other part.

Whereas

First the Contractor desires to have executed the works referred to in the Appendix part 2 and

described in numbered documents, if any, identified in that part of the Appendix (hereinafter

called "the Numbered Documents");

the Sub-Contract Works are to be executed as part of works referred to in the Appendix part 1

Section A, and being carried out by the Contractor under a contract as described in the

Appendix part 1 (hereinafter called "the Main Contract") with

(hereinafter called "the Employer");

the Sub-Contractor has had reasonable opportunity of inspecting all of the provisions of the

Main Contract, or a copy thereof, except the detailed prices of the Contractor included in

schedules and bil ls of quantities;

at the date of the Sub-Contract:

(A) the Sub-Contractor is/is not [a] the user of a current sub-contractor's tax certificate under

the provisions of the Finance (No.Z) Act 1975 or any amendment or re-enactment thereof

(hereinafter called "the Act") in one of the forms specified in Regulation 15 of the Income

Tax (Sub-Contractors in the Construction Industry) Regulations 1975 or any amendment

thereof, and the Schedule thereto (hereinafter called "the Regulations"); where the words

"is not" are deleted, clause 20/\ shall apply to the Sub-Contract and clause 20B shall not

apply; where the word "is" is deleted, clause 20B shall apply to the Sub-Contract and

clause 20A.2 to .8 shall not apply;

(B) the Contractor is/is not [a] the user of a current sub-contractor's tax certificate under the

Act and the Regulations;

(C) the Employer under the Main Contract is/is not [a] a "contractor" within the meaning of the

Act and the Regulations.

Footnote Delete whichever alternative IS not applicable.a]



Main Contract

Provisions

Su b-Contractor's

obi igations

Sub-Contract

Conditions

Sub-Contract

Sum

Tender Sum-

Ascertained Final

Sub-Contract Sum

Adjudication

Settlement of

disputes - arbitration

Now it is hereby agreed as follows:

Article 1

1.1 The SUb-Contractor shall be deemed to have notice of all the provisions of the Main Contract

except the detailed prices of the Contractor included in schedules and bi lls of quantities.

1.2 The SUb-Contractor shall upon and subject to the SUb-Contract Documents and the provisions

of the Main Contract carry out and complete the SUb-Contract Works shown upon and

described by or referred to in those Documents.

1.3 The Sub-Contract Conditions set out in "The Sub-Contract Conditions for use with the

Domestic Sub-Contract DOM/1" including [b] Amendments 1 to 3, and 5 to 10 thereof

inclusive and published by the Construction Confederation and approved by the Construction

Confederation, the National Specialist Contractors' Council and the Specialist Engineering

Contractors' Group shall be deemed to be incorporated in Sub-Contract DOM/1 as executed

by the part ies hereto.

Article 2

2.1 The Contractor shall pay to the Sub-Contractor the VAT-exclusive sum of [b][c]

£ : (words)

(hereinafter referred to as "the Sub-Contract Sum") or such other sum as shall become payable

in accordance with the SUb-Contract.

2.2 The VAT-exclusive Tender Sum is [b][c]

£ : (words)

(hereinafter referred to as "the Tender Sum") and the Contractor shall pay to the SUb-Contractor

such sum or sums as shall become payable in accordance with the Sub-Contract and the total

of such sums is in the Sub-Contract cal led "the Ascertained Final Sub-Contract Sum".

Article 3

3.1 If any dispute or difference arises under the SUb-Contract either Party may refer it to

adjudication in accordance with clause 38A.

Article 4

4.1 Subject to Article 3, if any dispute or difference, except in connection with the enforcement of

any decision of an Adjudicator appointed to determine a dispute or difference or a dispute or

difference under clause 20A or clause 20B to the extent provided in clause 20A.8 or 20B.6,

shall arise between the Contractor and Sub-Contractor whether arising during the execution or

after the completion or abandonment of the Sub-Contract Works or after the determination of

the employment of the Sub-Contractor under Sub-Contract DOM/I (whether by breach or in any

other manner) then it shall be and is hereby referred to arbitration in accordance with clause

38B and the JCT 1998 edition of the Construction Industry Model Arbitration Rules ("CIMAR")

[d] or, if the entry in the Appendix, part 8 stating that "Clause 41B applies" has been deleted,

it shall be determined by legal proceedings.

Footnotes: [b] Amendment 4 to Sub-Contract DOM/1 (published in September 1989) is only for use where Amendment 3 to the JCT

Standard Form of Building Contract 1980 Edition (JCT 80) applies to the Main Contract. That Amendment, which only

applies to the "Without Quantities" version of JCT 80, was issued in March 1987. Since the "Without Quant ities" vers ion

is a lump sum contract, which does not contain provision for any part of the Works to be measured and valued, it will be

necessary for Article 2.2 of Sub-Contract DOM/1 to be deleted in every case where Amendment 4 to Sub-Contract

DOM/1 applies . Where Artic le 2.2 of the Sub-Co-it -ac t is deleted, the related provisions in clauses 15.2, 17 and 18 of the

Sub-Contract Conditions, and any references elsewhere in those Conditions (eg in clause 30) to the "Tender Sum" or

"Ascertained Final Sub-Contract Sum", Wil l similar ly be inapplicable. Where Amendment 4 to Sub-Contract DOM/1 is

to apply, substitute in Article 1.3 reference to "Amendments 1 to 10" for the reference to "Amendments 1 to 3

and 5 to 10"; a number of other amendments (set out in Amendment 4) will also be required in the recitals, Articles andAppendix.

2

[c] Delete Article 2.1 or 2.2 as appropriate. Article 2.2 for use where the Sub-Contract Works are to be completely re-

measured and valued.

[d] For a note on the CIMAR Rules please see JCT 1980 Articles of Agreement: footnote [g.3]



Notes

[e1] For Agreement

executed under hand

and NOT as a deed.

[e2] For Agreement

executed as a deed

under the law of

England and Wales by a

company or other body

corporate: insert the

name of the party

mentioned and Identif ied

on page 1 and then use

either [e3] and [e4] or

[e5]. If t he party is an

individual see note [e6].

[e3] For use if the partyis us.nq ItS common

seal, which should be

aff ixed under the party' s

name .

[e4] For use of the

party's officers

authorised to aff ix I ts

common seal.

[e5] For use if the party [efi]is a company registered

under the Companies

Acts which IS not uSing a

common seal; Insert the

names of the two

off icers by whom the

company is act ing whoMUST be either a

director and the

company secretary or

two directors. and insert

their signatures with

,Director' or 'Secretary'

as appropriate. This

method of execution is

NOT valid for certem

bodies incorooretec by

Act of Parliament or by

charter if exempted

under s. 718(2) of tile

Companies Act 1985.

[e6] If executed as a

deed by an individual.

insert the name at [e2].

delete the words at [e3],su bstitute 'whose

signature is here

subscribed' and inser t

the individual's

signature. The individual

MUST sign in the

presence of a witness

who attests the

signature. Inser t a t [e4]

the s ignature and name

of the witness. Sealing

by an individual ISnot

required.

Other attestation clauses

are requi red under t ile

law of Scotland.

[e1]

[e1]

[e1]

[e2]

[e3]

[e4]

[e2]

AS WITNESS THE HANDS OF THE PARTIES HERETO

Signed by or on behalf of the Contractor

in the presence of:

Signed by or on behalf of the Sub-Contractor _

in the presence of:

EXECUTED AS A DEED BY THE GONTRACTOR

hereinbefore mentioned namely

by affixing hereto i ts common seal

in the presence of:

'OR

acting by a director and its secretary' /two directors' whose signatures are here subscribed:

namely __

[Signaturel DIRECTOR

and _

[Siqnature] _________________ SECRETARY'/OIRECTOR *

AND AS A DEED BY THE SUB-CONTRACTOR

hereinbefore mentioned namely _

[e4]

[e3] by affixing hereto its common seal

in the presence of:

'OR

acting by a director and its secretary' /two directors * whose signatures are here subscribed:

namely

reS]

[Signaturel OIRECTOR

and _

[Siqnature] SECRETARY*/DIRECTOR'

. Deiete as applicable

3



APPENDIX TO DOMII

part 1 Section A

Second recital Works:[f]

Form of Main Contract Conditions: Standard Form of Building Contract, 1980 edition* Local

Authorities/Private edition/With/Without Quantities

including Amendments 1, 2, 4 to 18 and TC/94 thereof

(see footnote [b])

*With/Without Sectional Completion Supplement

Inspection: The Form of Main Contract, the unpriced * Bills of

Quantities/Specification (which incorporates reference to

the general conditions and preliminaries of the Main

Contract) the Contract Drawings and the following

additional documents, if any, .

....................................................................may be inspected at:

Execution of Main Contract: *as a simple contract/as a deed

Main Contract Conditions -

alternative provisions:

the Architect/the Contract Administrator: *Article 3Aj

Article 3B

Without Quantities edition only, Quantity Surveyor: *Article

4A/ Article 4B

the Planning Supervisor: * Article 6.1:~~~~~~ __

the Principal Contractor: *Article 6.2: _

Disputes: Article 7: *arbitration/legal proceedings

Master programme: clause 5.3.1.2 *deleted/not deleted

Assignment: clause 19.1.2 "applies/does not apply

Insurance: clause 21.2.1 insurance * may be required/is

not required

Works insurance: *clause 22A/22B/22C

Joint Fire Code: "applies/does not apply.

"Large Project": "Yes/No

Deferment of Date of Possession: clause 23.1.2

"applies/does not apply

Main Contract Conditions- any amendments to or from the printed Standard Form

identified above:

Footnotes: [f] Insert the same descr iption as in the Main Contract Articles of Agreement

< Delete as applicable

4



part 1 Section B

Main Contract: Appendix and entries therein

Where the Main Contract incorpcrates the Sectional Completion Supplement thereto. delete

part 1 Section B of this Appendix to DOM/1 and substitute a photocopy of the "Appendix

(Sectional Completion Supplement)" from the Main Contract.

Statutory tax deduction scheme

- Finance (No.2) Act 1975

Clause etc.

Fourth recital

and 31

Employer at Base Date * is a

'contractor'zls not a 'contractor'

for the purposes of the Act and

the Regulations

COM Regulations Fifth recital *all the COM Regulations apply/

regulations 7 and 13 only of the

COM Regulations apply

Dispute or difference -

Settlement of disputes

Article 7

41B

41C

Clause 41 B applies *

[. Delete if disputes are to be

decided by legal proceedings

and Clause 41 C isthus to apply]

Base Date 1.3

Date for Completion [9] 1.3

VAT Agreement 15.2 Clause IA of the VAT Agreement


Defects Liability Period (if none 17.2

other stated is 6 months from the

day named in the Certificate of

Practical Completion of the

Works)

Assignment by Employer of

benefits after Practical

Completion

19.1.2 Clause 19.1 .2

* applies/does not apply

Insurance cover for anyone

occurrences arising out of

one event

21.1.1 £-----------------------

Insurance - liability of Employer 21.2.1 Insurance * may be required/is

not required

Amount of indemnity for any

one occurrence or series of

occurrences arising out of

one event

£---------------

Insurance of the Works -

alternative clauses

22.1 * Clause 22A/Clause 22B/

Clause 22C applies

Percentage to cover

professional fees

*22A

22B.1

22C.2

Annual renewal date of

insurance as supplied by

Contractor

22A.3.1

Footnotes: [9] If a later Completion Date has been fixed under Clause 25 this should also be stated here.

. Deiete as applicable

5



Insurance for Employer's loss

of liquidated damages-

clause 25.4.3

Joint Fire Code

Date of Possession

Deferment of the Date of

Possession

Liquidated and ascertained

damages

Period of suspension

(if none stated is 1 month)

Period of delay

(if none stated is, in respect of

clauses 28A.1.1.1 to 28A.1.1.3,

3 months, and, in respect of

clauses 28A.1.1.4 to 28A.1.1.6,

1 month)

Advance payment

Period of Interim Certificates(if none stated is one month)

Gross valuation

Listed items off-site

220

220.2

22FC.1

23.1.1

23.1.2

25.4.13

26.1

24.2

28.2.2

28A.1.1.1 to 28A.1.1.3

28A.1.1.4 to 28A.1.1.6

30.1.1.6

30.1.3

30.2.1.1

30.3.1

Insurance * may be required/

is not required

Period of time _

The Joint Fire Code

*applies/does not apply

If the Joint Fire Code is

applicable, state whether the

insurer under clause 22A orclause 22 B or clause 22C.2 has

specified that the Works are a

"Large Project": *YES/NO

(where clause 22A applies these

entries are made on information

supplied by the Contractor)

Clause 23.1.2


Period of deferment if it is t o be

less than 6 weeks is _

at the rate of£ per _

Clause 30.1.1.6


If applicable:

the advance payment is

£ / %

of the Contract Sum; and will be

reimbursed to the Employer in

the fol lowing amount(s) and at

the following time(s)

An advance payment bond*is/is not required.

a priced Activity Schedule

* is/is not attached to th is

Appendix

*For uniquely identified listed

items a Bond as referred to in

Clause 30.3.1 in respect of

payment for such items is

required for

£_-----------------[Delete if no bond is required.]

• Oelete as applicable

6



Retention Percentage (if lessthan 5 per cent)

Work reserved for Nominated

Sub-Contractors for which the

Contractor desires to tender

Fluctuations:

(if alternative required is not

shown clause 38 shall apply)

Percentage addition

Formula Rules

Adjudication - nominator of

Adjudicator (if no nominator isselected the nominator shall

be the President or a Vice-

President of the Royal

Institute of British Architects)

Settlement of disputes-

Arbitration - appointor (lf no

appointor is selected the

appointor shall be the

President or a Vice President,

Royal Institute of BritishArchitects)

Performance Specified Work

30.3.2 * For listed items that are not

uniquely identi fied a Bond as

referred to in clause 30.3.2in

respect of payment for such

items is required for

L~ ___

[* Delete if Clause 30.3.2 does

not apply.]

30.4.1.1

35.2

37 clause 38

clause 39

clause 40 [h]

38.7 or 39.8

40-,.1.1

rule 3 Base Month

__ ~~~~ 19 __

[i] Non-Adjustable Element

(not to exceed 10%)

rules 10 and 30 (i) Part IjPart II of Section 2 of the

Formula Rules is to apply

41A.2.2 President or a Vice-President or

Chairman or a Vice Chairman:* Royal Institute of British

Architects

* Royal Institution of Chartered

Surveyors

* Construction Confederation

* National Specialist

Contractors' Council

41B.1 President or a Vice-President:

* Royal Institute of British

Architects

* Royal Institution of Chartered

Surveyors

* Chartered Institute ofArbitrators

42.1.1 Identify below or on a separate

sheet each item of Performance

Specified Work to be provided

by the Contractor and insert the

relevant reference in the

Contract Bills

Footnotes: [h] Clause 40 and the Forrnula Rules are not applicable where in Part 1 Section A of this Appendix it IS stated that the

Without Quantities Editions apply.

- Oelete as applicable

[i] Standard Forrn Local Authorities With Quantities Edition only.



part 1 Section C

Obligations or restrictions imposed by the Employer not covered by Main Contract Conditions

(e.g. in Preliminaries in the Contract Bills [j)):

Order of Works: Employer's requirements affecting the order of the Works (if any):

Location and type of access:

First Recital part 2

Particulars of the SUb-Contract Works:

Numbered Documents annexed to Sub-Contract DOM/1 (to be listed here):

* Health and Safety Plan

Footnotes: [j] This information, unless included in the Sub-Contract Specification or Bills of Quantities, should be given e.g. by

repeating here or by attaching a copy of the relevart section of the Preliminaries Bill of the Main Contract Bills (or of the

Main Contract Specification).

, Oelete as applicable

8



Clause 7.2 part 3

Insurance cover for anyone occurrence or series of occurrences arising out of one event

£_----

Clause 11.1 part 4

(1) The date for commencement of the Sub-Contract Works on sitewill be between: . _

and: _

(2) Period[s] required for carrying out and completion of the Sub-Contract Works on site:

weeks

(3) Period required for notice[s] to commence work [in any Section] on site:

weeks

(4) Period required for Sub-Contract Works off site and prior to commencement on site:

weeks

(5) Further details:

[Note: These provisions will need to take account of any Sectional Completion Dates

required under the Main Contract]

9



Clause 16.2

Clause 17.2

part 5

Rates or prices of Sub-Contractor and/or daywork rates or prices: _

Clause 16.3.4.1 and .2

Clause 17.3.3.1 and .2

The daywork percentages are:

Definition Labour Materials Plant

RICS/CC

RICS/ECA

RICS/ECA (Scotland)

RICS/HVCA

Clauses 19A and 19B part 6

Value added tax

clause * 19A/19B will apply

clause 19A.5 "applies/does not apply

clause 19B 5 * applies/does not apply

Clause 21 part 7

Retention

21.5.1 Retention percentage %

Applicable until _

21.5.2 Retention percentage ------------------------------_%

Applicable until _

The retention percentage is to be 5 per cent unless a different percentage is inserted. (This

should not normally exceed the percentage retained under the Main Contract).

The events up to which the retention percentage remains applicable should only be inserted if

they are different from the events indicated in clause 21.5.

• Delete as applicable

10



Clause 38

Clause 27

part 8

[k] Article 3/38A.2.1

The nominator of the Adjudicator shall be the President or a Vice-President or Chairman or a

Vice Chairman:

Royal Institute of British Architects

Royal Institution of Chartered Surveyors

Construction Confederation

National Specialist Contractor's' Council

If no nominator is selected, the nominator shall be the President or a Vice-President of the


[I] Clause 38 applies

part 9

27.2 Particular items of attendance (other' than the attendance referred to in clause 27.1).(Details to

be set out here or on a separate sheet(s) which should be initialled by the parties and attached

to this Appendix.)

The items of attendance as necessary in respect of the requirements of the Joint Fire Code, if

applicable, are:

hand bells, whistles, klaxons, manually operated sounders;

security guards;

fire signage e.g. location of fire access routes and escape routes and positions of dry

riser Inlets and fire extinguishers;

fi re doors and fire stopping to l ift shafts, service ducts and voids;

water supplies for fire fighting;

portable fire extinguishers;

maintenance and inspection of fire fighting equipment;

the services of an appropriate number of FireMarshals where the Works are a Large Project

*Temporary Buildings shall be located within the building under construction or within six

metres thereof in respect of which the Contractor shal l connect the fire detection system of the

Temporary Buildings to the Central Station.

Footnotes: [k] Clause 38A provides that when a dispute or difference arises which either party wishes to refer to Aojudication the

ident ity of the Adjudicator is

eit'ler an individual agreed by the Parties

or an individual nominated by one of tile bodies named in the Appendix.

However some Parties may wish to name an Adjudicator in the Contract so that he is readily available if either Party

wishes to refer a dispute or difference to Adjuclication. If the Parties so want then the Adjudicator should be lamed here

and the following amendments to clause 38A should be made:

Clause 38A.2 Delete the text and insert:

The Adjudicator to decide the dispute or difference shall be the individual named as the Adjudicator in the

Appendix Part 8 with whom the Parties have executed the Standard Agreement for the appointment of anAdjudicator issued by the Joint Contracts Tr ibunal ( the "JCT Adjudication Agreement"); provided that, unless

the Parties have otherwise agreed, the individual is not an employee of, or otherwise engaged by, either Party.

[I) Delete if disputes are to be decided by legal proceedinqs and Clause 38C is thus to apply .

• Delete as applicable

11



Clause 34 part 10

Fluctuations: *clause 35/clause 36/clause 37

Clause 35 will apply if no other provision for dealing with fluctuations is stated to be applicable.

Clause 35 part 11

35.2.1 List of materials, goods, electricity including/not including * fuels[m]. (Details to be set out on a

separate sheet(s) which should be initialled by the parties and attached to this Appendix.)

35.6.1 Base Date _

35.7 Percentage %

Clause 36 part 12

36.1.5 Basic transport charges list

(Where applicable details to be set out on a separate sheet(s) which should be initial led by the

parties and attached to this Appendix.)

36.3.1 Materials, goods, electricity including/not including* fuels [n] - l ist of basic prices. (Details to

be set out on a separate sheet(s) which should be initialled by the parties and attached to thisAppendix.)

36.7.1 Base Oate _

Percentage %

Clause 37 part 13

(1) 37.1 The Sub-Contract/Works Contract Formula Rules are those dated

* Part 1/Part IIIof these Rules applies

(2) 37.3.3 Non-Adjustable Elements [n]

and .3.4

_________ % (not to exceed 10%)

(3) 37.4 List of Market Prices

(4) 37.4 Base Date

(5) The Sub-Contract/Works Contract Formula Rules.

Footnotes: [m] Fuel price increases are only allowable where the Contractor and Sub-Contractor have specifically so agreed: see

clauses 35.2.1 and 36.3.1.

In] Only applicable where the Main Contract is let on the Standard Form of Building Contract, Local Authorities Edition.

, Delete as applicable

12



rule 3

rule 3

rule 8

rule 11a

or 11b

rule 43

rule 55a

rule 61a

rule 64

rule 70a

Balance of Adjustable Work ~

any measured work which cannot be allocated to a Work Category:

B a s e M o n t h _

Method of dealing with 'Fix-only' work ~ _

Part I only: the Work Categories apol icable to the Sub-Contract Works:

Part I II only: Weightings of labour and materials ~Electrical Installations or Heating, Ventilating

and Air Conditioning Installations

Labour Materials

Electrical [0] _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 / 0 ____________ %

Heating, Ventilating and

Air Conditioning [0] _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 / 0 %

Sprinkler Installations [0] ___________ o~ %

The separate materials index for Sprinkler Installat ions' wil l/wil l not apply.

Lift Installations

Adjustment shall be effected:

* upon completion of manufacture of all fabricated components

• upon delivery to site of all fabricated components

Part III only: Structural Steelwork Installations:

(i) Average price per tonne of steel delivered to fabricator's work:

[-------------------------------------------------------------

(i i) Average price per tonne for erect ion of steelwork:

[-------------------------------------------------------------

Catering Equipment Installations:

apportionment of the value of each item between:

(i ) materials and shop fabrication £------------------

(ii) supply of factor items £_--------

(iii) site installations £------------------

Footnotes: [0] If both specialist engineering formulae apply to the Sub-Contract the percentages for use with each formula should be

Inserted and clearly identif ied. The weightings for sprink ler ins tallat ions may be Inserted where dif ferent weightings are

requ.rec.

, Oetete as Boplicabl8

13



Clause 38B part 14

Settlement of disputes - Arbitration - Appointer

President or a Vice-President:


Royal Institute of British Architects

Chartered Institute of Arbitrators

(if no appointer is selected, the appointer shall be the President or a Vice-President, Royal

Institution of Chartered Surveyors. If arbitration not used, delete).

Clause 23 part 15

Identi fy below or on a separate sheet each item of Performance Specified Work to be provided

by the Sub-Contractor and insert the relevant reference in the Numbered Documents.

part 16

Any other matters (e.g. special conditions or agreements on employment of labour, limitation

on working hours) to be set out here after agreement between the Contractor and Sub-

Contractor on these matters:

14



(including Amendments 1 to 3 and 5 to 10):see "Important Notice" on front cover for informationon Amendment 4 to DOMj 1

Published by Construction ConfederationConstruction House,56-64 Leonard Street, London EC2A 4JX

@ Construction Confederation 1998

Typeset and produced by Duce & Co

D~e 19

Standard Form of Domestic Sub-Contract DOMj11980 Edition

Domestic Sub-ContractDOM/1

Articles ofAgreement

between

and

This form isapproved by:

Construction Confederation