Climate Contract Playbook Edition 3
185
This clause can only be used for Design and Build Contracts. EPC is not a perfect benchmarking tool but is a standard uniformly applied in the UK. The clause assumes the employer is happy with some uncertainty and has taken a commercial view as to the remedies available. The remedy is likely to include additional solar panels, further insulation, etc and does not envisage the contractor knocking down and rebuilding the property. “Standard of Care” and other defined terms are not provided, only those relating to energy efficiency.
Notes for users
JCT Contract Particulars: Incorporation into this Agreement 1.1
The Parties have completed the JCT Contract Particulars in the JCT Design and Build Contract, 2016 edition attached at Annex A. The JCT Contract Particulars shall take effect in this agreement, as completed by the Parties, subject to these amendments.
Definitions 1.2
Add these definitions: “ Environmental Requirements ”: (a) the protection of the environment (including the prevention of atmospheric and other pollution and the protection of wildlife and wildlife habitats); (b) sustainable construction and development; and (c) energy efficiency, in particular by using all reasonable endeavours to fulfil the environmental and sustainability objectives listed in Annex [A].” “ EPC Obligation ”: the specific obligation imposed in the Employer’s Requirements requiring the Contractor to achieve an EPC “A” rating in respect of [certain parts of] the Works [as identified therein].” Compliance with Environmental Requirements 2.1 Add a new sub-clause: “In performing his obligations under this Contract, the Contractor shall and shall ensure that each of its sub-contractors shall: 2.1.1 comply with the Modern Slavery Act 2015 and the Anti-Slavery Policy; 2.1.2 comply with the Anti-Bribery Policy; and 2.1.3 at all times in carrying out its obligations under this agreement, the Contractor shall seek to [promote] the Environmental Requirements.“ [Note: Alternatively, the Environmental Requirement could be included in the Standards/Compliance with Law’ obligations.] 2.2 Add a new sub-clause: “Without derogating from any other provision in this Contract, the Contractor warrants to the Employer that it shall use the Standard of Care when: 2.2.1 designing the CDPWorks; 2.2.2 selecting goods, materials, plant and equipment for incorporation in the CDP Works; and 2.2.3 complying with the obligation in clause 2.1.3 in respect of the Environmental Requirements.”
Made with FlippingBook - professional solution for displaying marketing and sales documents online