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Collaborative
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Purchase
Order
A1
Client's Brief/
Purchaser's Brief
A2
The Services
A3
Supplier's key personnel; project team
A4
Risk allocation schedule
A5
Key Performance Indicators
A6
Payment Terms
A7
Agreed form of collateral warranty deed
A8
Supplementary conditions

Purchase order

Purchase order for the supply of construction related services
 

  • This section presents the central component of the CC for reference only.

  • Please visit the purchase section to obtain versions for your own use.

  • A Supply Only version of this contract is also available.

Date

 

Order number

  

To supplier

Name:
Address:
Telephone:
Fax:
Email:

From purchaser

Name:
Address:
Telephone:
Fax:
Email:

Client (if different from the purchaser)

Name:
Address:

Purchaser's representative

Name:
Address:
Telephone:
Fax:
Email:

Purchaser's contract (if any)

Date

Parties

Form/nature of contract

 

 

 

Brief details of the Project

 

The Site

 

The Client's Brief/ the Purchaser's Brief

(if already produced)

Whichever of the above documents that is produced and is relevant to the Services is attached as Appendix 1.

Brief details of the Services

 

(where appropriate, greater detail of the Services is set out in Appendix 2)

Time for provision of further information

For the purpose of clauses 2.1 and 3.1 of the Be Collaborative Construction Terms, the period for the supply of further information shall be . . . . working days from the date of the relevant request.

If no period is stated, a period of 5 working days shall apply.

Time for giving of approvals and decisions

For the purpose of clause 2.2 of the Be Collaborative Construction Terms, the period within which the Purchaser will respond to reasonable requests for approvals and decisions shall be . . . . . working days from the date of the revelant request.

If no period is stated, a period of 5 working days shall apply.

Timescale

For completion of the Project: . . . . . weeks/months/years from . . . . .

Commencement date for the provision of the Services:. . . . .

The date or dates for completion of the Services:. . . . .

If no date is inserted for completion of the Services, the Supplier will complete the Services as soon as reasonably practical, taking into account the time required to properly perform the Services.

 

The date for completion of the Services is: ………………………………………………………….

Where the Services are divided into stages/sections the Dates for Completion of individual stages/sections are as follows

Stage/section no.

Details of stage/section

Date for completion
     
     
     

Liquidated damages
 
Yes
No

Liquidated damages will be applicable

    

Liquidated damages for any delay in completion of the Services or any stage/section of the Services will be as follows:

Stage/section no.

Details of stage/section

Rate of liquidated damages
   

£ . . . . per day/week
   

£ . . . . per day/week
   

£ . . . . per day/week
If liquidated damages are stated to be applicable but no amount is inserted, they will not be applicable.

Bonus for early completion
 
Yes
No

A bonus or bonuses for early completion will apply

    

The bonus or bonuses for early completion of the Services or any stage/section of the Services will be as follows:

Stage/section no.

Details of stage/section

Bonus for early completion

 

 

£ . . . . or £ . . . . per day/week

 

 

£ . . . . or £ . . . . per day/week

 

 

£ . . . . or £ . . . . per day/week
If a bonus for early completion is stated to be applicable but no bonus is inserted, no bonus will be applicable.

Defects liability period
 
Yes
No

A defects liability period will be applicable

    

The defects liability period will be [. . . .] months commencing on the later of:

  • the Completion Date

  • (where the Supplier is a subcontractor) the date of completion of the works and/or services (which include the Services) required to be carried out by the Purchaser in accordance with the Purchaser’s Contract

If a defects liability period is stated to be applicable but no period is completed, the defects liability period will be 12 months commencing on the Completion Date) provided that where the Supplier is a subcontractor, the defects liability period will commence on the "Completion Date" (or its equivalent) as defined and calculated under the Purchaser’s Contract.

Obligations in relation to design

Where the Supplier is responsible for carrying out any design in relation to the Project or any part or parts of the Project, the following alternative of clause 3.4 of the Be Collaborative Construction Terms will apply:

 
Yes
No

Alternative A (reasonable skill and care) will apply

    
 
Yes
No

Alternative B (restricted fitness for purpose) will apply

    

Lead designer

 
Yes
No

The Supplier will perform the role of the Lead Designer

    

Supplier engaged as a professional consultant
 
Yes
No

The Supplier is engaged as a professional consultant

    
Where the Supplier is engaged to provide professional consultancy services only, the provisions of clauses 2.6, 3.6, 3.12, 3.16, 4.14, 7.9, 7.10, 7.11, 7.12, 7.13, 7.16, 7.17 and 7.24 of the Be Collaborative Construction Terms will not apply.

Lead supplier

The Supplier will perform the role of the Lead Supplier
Yes
No
   

Obligations in relation to the Project Programme

The Supplier will be responsible for preparation of the Project Programme
Yes
No
   

Obligations in relation to progress meetings

The Supplier will be responsible for arranging regular progress meetings
Yes
No
   

The Supplier's key personnel and Supply Chain

(if applicable)

Details are set out in Appendix 3.

The Project Team

Details are set out in Appendix 3.

Risk register

The Supplier will be responsible for the preparation, updating and amendment of the Risk Register
Yes
No
   

Risk allocation schedule

[NB view example content here]

The Risk Allocation Schedule will apply
Yes
No
   

The Risk Allocation Schedule is attached as Appendix 4.

If the Risk Allocation Schedule is stated not to apply, clauses 4.3 and 4.4 and the third and fourth bullet points in clause 4.5 shall not apply

Relief events

In clause 4.5 of the Be Collaborative Construction Terms, the fourth bullet point (namely the occurrence of any risk which is not referred to in the Risk Allocation Schedule and which is not reasonably foreseeable and is beyond the control of the Supplier, excluding any act, omission, default or insolvency of the Supplier, any member of the Supply Chain or any subcontractor of the Supplier) shall constitute a Relief Event to the following extent.

 
Yes
No

Alternative A – To the extent of 100% of the time and financial consequences of the relevant risk

    
 
Yes
No

Alternative B – To the extent of 50% of the time and financial consequences of the relevant risk

    
 
Yes
No

Alternative C – To the extent of [. . .]% of the time and financial consequences of the relevant risk

    
Please tick relevant boxes to show one of the following Alternatives as applying. If none of the options are stated to apply, the second option (Alternative B) will be deemed to apply.

Key Performance Indicators

The performance of the Supplier and/or the Purchaser will be measured against Key Performance Indicators

Yes
No
   

The Key Performance Indicators applicable to the performance of the Supplier and the Purchaser are attached as Appendix 5.

Risks to be covered by insurance

 

 

 

The Supplier will maintain insurance covering the following risks:

Policy Cover

Minimum amount of cover

Minimum period of cover
     
     
     

Payment terms

The Supplier shall be entitled to payment on the following basis:

Alternative A - on the basis of a Target Cost and Guaranteed Maximum Cost; or
Yes
No
   

Alternative B – by reference to a lump sum price.
Yes
No
   

The detailed payment terms applicable to the performance of the Services are set out in Appendix 6.

Limitation on liability of the Supplier

The maximum liability of the Supplier under clause 7.5 shall not exceed the sum of £. . . .

Please complete if appropriate.

Termination on notice

In addition to the rights of termination set out in clause 7.22 of the Collaborative Construction Terms, the Purchaser shall have the right to terminate the employment of the Supplier at any time by giving not less than 2 months' notice to this effect.
Yes
No
   

Adjudicator nominating body

For the purpose of clause 7.29 of the "Be" Collaborative Construction Terms, the adjudicator nominating body shall be: . . . . . . .

Please insert appropriate adjudicator nominating body. If no body is expressly nominated, the Technology and Construction Solicitors Association shall act as the nominating body.

Collateral warranties from the Supplier

Collateral warranties will be required (and clause 7.33 shall apply)
Yes
No
   

 The maximum number of collateral warranties that the Supplier will be required to execute shall be . . . .

Collateral Warranties shall be provided from and to the following organisations/type of organisation:

Warranties required from the Supplier in favour of:
 
 
 

Collateral warranties from sub-suppliers

Collateral warranties will be required fromsub-suppliers (and clause 7.34 shall apply)
Yes
No
   

In addition, the Supplier will procure collateral warranties from the following sub-suppliers in favour of the following organisations/types of organisations:

Warranties required from following sub-Suppliers:

In favour of:
   
   
   

Supplementary Conditions

The supplementary conditions (if any) set out in Appendix 8 shall apply to the Contract.

 

The completion of this Purchase Order by the parties constitutes a binding contract between them for the provision of the Services in accordance with the following documents (which with this Purchase Order, constitute the Contract between the Purchaser and the Supplier and shall have the following priority):-

1 this Purchase Order;

2 the Be Collaborative Construction Terms;

3 any other documents attached to and/or referred to in the Purchase Order.

 

IN WITNESS the parties have entered into the Contract on the date appearing at the top of this Purchase Order.

EXECUTED AS A DEED and delivered by the Purchaser in the presence of:

Director:

Director/Secretary:

SIGNED for and on behalf of the Purchaser by the signature of:-

…………………………………

EXECUTED AS A DEED and delivered by the Supplier by the signatures of:-

Director:

Director/Secretary:

SIGNED for and on behalf of the Supplier by the signature of:……………………………………

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Be
PO Box 2874
London Road
Reading RG1 5UQ
www.constructingexcellence.org.uk
T 0870 822 0034
F (0118) 975 0404
Email bemail@constructingexcellence.org.uk
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