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CONSTRUCT Checklist for Taking Instructions

The key purpose of a taking your client’s instructions is to get all relevant information to help you agree an appropriate strategy for protecting those interests. This checklist is used in the Briefing stage of Enjoy’s client process known as BUILD™.

Overview

C CONTEXT What is the type and scale of the project? Where is it taking place? PESTLE/SWOT analysis.

O OBJECTIVES What are the objectives of your client, the project &/or the project team, both for their own companies and the wider project? Is it clear what is not expected? How will your client know the project is a success?

N NEEDS Why is your client doing this project? What are the needs of your client, the project &/or the project team on the three main influences: time, cost, quality, standards of construction etc. Have these needs been verified or assessed?

S STRUCTURE What networks and relationships have been used/are proposed for tendering, the procurement strategy, the contract strategy and the project team during construction?

T TEAM Who is helping your client? What are their roles and responsibilities? Covers internal and external stakeholders.

R RISKS What risk events is your client responsible for managing, mitigating and for which is he liable for the consequences (time/money)? Can the consequences be passed to others, insured and/or managed? This also covers exclusions and limitations on liability.

U UNIQUENESS What is unique about your client and this project? How can it be reflected in the strategy?

C CONSTRAINTS What is stopping your client? What are the constraints during the whole life-cycle of the project? Legal constraints (e.g. funding availability and agreements), construction constraints (e.g. sustainability), use and occupation (e.g. agreements for lease, future-proofing) and disposal.

T TIMESCALES What are the dates for commencement, completion and sectional completion and are they clear, contractual and realistic? What are your client’s rights to an extension of those dates? What risk events do not entitle your client to an extension?

Page 2 © Enjoy Legal Learning, 2014

BUILD™

Begin with the Brief

A successful project requires great foundations

C Context Where? Why?

What is the type and scale of the project? Where is it taking place? Use PESTLE and SWOT templates

O Objectives What? Why?

What are the objectives? How will your client know the project is a success? Practical and commercial; client and project

N Needs Why?

Why is your client doing this project now? Time, cost, quality, performance, sustainability, legacy, innovation, improvement

S Structure How?

How will the project be structured? Tender process, procurement route, contract strategy

T Team Who?

Who is helping your client achieve its objectives? Supply chain, core project team, stakeholders - roles and responsibilities

R Risk How?

How will risk be managed? Limitations on project team liabilities, contractor/client risk events, insurance, procedures and protocols

U Uniqueness Which?

What is unique about this project and your client (design excepted)?

C Constraints What?

What’s stopping your client? Associated/stakeholder agreements, legislative and regulatory, documents prepared/agreed, legacy options

T Timescales When?

When do the relevant stages need to happen? Works, services, stages or target dates, permissive or mandatory

Author

Sarah Fox of Enjoy Legal Learning developed this checklist. She is a speaker and trainer who cuts through the complexities of construction law. She provides confidence to those who use construction contracts through workshops that clarify and simplify the law. She is also author of the 500 Word Contract™.

To find out how Enjoy can transform your technical training, contact Sarah on her mobile: 07767 342747 or by email: sarah@enjoylegallearning.co.uk