Omitting Decoration from a Build Contract: Understanding the Risks

When embarking on a construction project, one of the crucial decisions involves the scope of the build contract. While it might seem cost-effective or flexible to exclude certain elements, such as decoration, from the main contract, this decision can lead to significant problems. This blog explores the issues related to removing decoration from a build contract, focusing on the challenges of accountability and achieving high-quality finishes.

 

Understanding the Scope of a Build Contract

 

A build contract typically outlines all the tasks and responsibilities the contractor is expected to undertake. This can range from structural work and electrical installations to plumbing and interior finishes, including decoration. Decoration encompasses all the aesthetic elements that make a building not only functional but also visually appealing, such as painting, wallpapering, tiling, and other finishes.

 

The Temptation to Separate Decoration

 

There are several reasons why clients might consider separating decoration from the main build contract:

  • Cost Control: Clients might believe they can save money by hiring decorators separately or doing some of the work themselves.
  • Specialization: Clients might prefer to hire specialist decorators who they feel can provide a higher quality finish.
  • Flexibility: Excluding decoration from the main contract can allow for more flexibility in making aesthetic decisions later in the project.

While these reasons can be valid, they often come with hidden pitfalls.

 

Problems with Accountability

 

1. Fragmented Responsibility: When decoration is excluded from the main build contract, it creates a fragmented approach to project responsibility. The primary contractor is no longer accountable for the final appearance of the project. This can lead to disputes over who is responsible for any defects or issues that arise with the finishes.

  • Example: If cracks appear in the paint or wallpaper, it might be unclear whether this is due to poor surface preparation by the builder or subpar work by the decorator.

2. Coordination Challenges: The absence of a single point of accountability can complicate coordination between different trades. Seamless transitions between tasks, such as ensuring walls are properly prepared for painting or tiling, require close collaboration. When different parties are involved, miscommunication can lead to mistakes and delays.

  • Example: A decorator might face delays if the builder hasn’t completed wall preparations to the required standard or within the agreed timeline.

Issues with Finishes

1. Inconsistent Quality: Achieving a high-quality finish requires meticulous attention to detail and consistency. When decoration is handled separately, there is a risk of inconsistent quality between the construction and finishing phases. The decorator might not have the same level of commitment to the project’s overall quality as the primary contractor.

  • Example: Variations in paint application or tile alignment can detract from the overall aesthetics of the building.

2. Incompatibility of Materials: Another issue is the potential incompatibility of materials used by the builder and the decorator. The builder may use materials that the decorator is not familiar with or that require specific preparation techniques, leading to suboptimal finishes.

  • Example: A decorator might struggle to apply paint or wallpaper over a surface that was not properly primed by the builder.

Financial and Legal Complications

 

1. Increased Costs: While the intention might be to save money, hiring separate contractors for decoration can lead to higher overall costs. Coordination issues and delays can result in additional labour and material expenses.

 

2. Legal Disputes: The lack of clear accountability can also lead to legal disputes. If problems arise with the finishes, determining liability can become a complex legal matter, potentially resulting in costly litigation.

 

Best Practices for Avoiding Problems

 

To mitigate these issues, consider the following best practices:

 

1. Comprehensive Contracts: Ensure that the build contract is comprehensive, covering all aspects of the project, including decoration. This creates a single point of accountability and helps ensure a unified approach to quality and deadlines.

 

2. Clear Communication: Foster clear and continuous communication between all parties involved in the project. Regular meetings and updates can help ensure everyone is aligned and aware of their responsibilities.

 

3. Quality Assurance: Implement robust quality assurance processes. Regular inspections and a clear snagging process can help catch and address issues early, ensuring a high-quality finish.

 

4. Specialist Involvement: If specialist decorators are required, consider incorporating them into the main contract as subcontractors under the primary contractor’s supervision. This maintains accountability while benefiting from specialized skills.

 

 

 

While the idea of excluding decoration from the main build contract might seem appealing for cost or flexibility reasons, it can lead to significant issues with accountability and the quality of finishes. By ensuring that all aspects of the project are covered under a single contract, clients can achieve a more cohesive, high-quality result and avoid the pitfalls associated with fragmented responsibility. Clear communication, comprehensive contracts, and robust quality assurance are key to ensuring the success of any construction project.