The new FMB contracts have been designed to be easy for any homeowner or builder to pick up and understand their respective legal and contractual responsibilities.
According to the Federation of Master Builders, research suggests most homeowners are unaware of their legal responsibilities under the Building Safety Act 2022, including duty holder roles that can affect project liability and compliance. Using a written contract, therefore, is not just good practice but essential protection, FMB says.
Since the Building Safety Act, many architects and engineers are declining to take on principal design responsibilities due to insurance limitations, leaving builders and homeowners at risk.
The new contracts address these issues by defining who is responsible for design, construction management and compliance, protecting all parties from assuming roles that they are not qualified or insured to perform.
FMB contract author Sarah Fox said: "No-one ever thinks they need a contract, until a client fails to pay, a subcontractor disputes what their role was, or there's a defect at the property. Of course, the UK building sector is awash with complex contracts that really are hard for members to read, understand and use. But the FMB contracts are specifically designed with members' needs front and centre - easy to fill in the details, cover everything important and they shouldn't be off-putting for your clients or subcontractors. They only safeguard your business, though, if you use them! If you've avoided 'going down the legal route' previously, please give them a try. We want you to test them and feedback if there is room for improvement. But we really just want you to get the benefit from our hard work creating them."
FMB chief executive Brian Berry added: "Homeowners often don't know what questions to ask when hiring a builder. The good news is that our contracts do that work for them. When an FMB member presents a professional, comprehensive contract that explains duty holder roles and legal responsibilities, it immediately signals this is a trusted business operating to the highest standards. In an industry which has too many disputes and legal claims the FMB contracts provide confidence and reassurance for both builders and homeowners."
At just 14-15 pages, the FMB templates are shorter than the 80+ page contracts offered by other organisations. They are also free to use for FMB members.
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