Notice Of Intent To Award Construction Contract Template for England and Wales

A Notice of Intent to Award Construction Contract is a formal document that bridges the gap between contractor selection and final contract execution in construction procurement. You'll use this notice to officially inform your chosen contractor of their successful bid while establishing the framework for contract finalization under England and Wales construction law.

When do you need this document?

You need this notice whenever you're awarding a construction contract after completing a competitive procurement process. It's essential in public sector projects where transparency regulations require a formal notification period before contract award. Private sector clients also use this document to establish clear expectations with successful contractors while allowing time to complete due diligence, secure financing, or satisfy other pre-contract conditions. The notice is particularly important when your project involves multiple stakeholders including project managers and quantity surveyors who need advance notice of contract award to coordinate their services.

Key legal considerations

Your notice must clearly specify all material terms of the intended contract, including project scope, contract value, payment terms, and key performance dates. Under procurement regulations, you must provide sufficient detail to demonstrate that your selection process was fair and transparent. The document should include any conditions precedent that must be satisfied before contract execution, such as insurance requirements, performance bonds, or planning approvals. You should also specify the timeline for contract finalization and project commencement, as delays in formalizing the contract could affect your legal position. Consider including provisions for what happens if pre-contract conditions cannot be met within the specified timeframe.

Legal requirements in England and Wales

Under the Construction Act 1996 and supporting regulations, your notice must comply with specific payment and dispute resolution frameworks that will govern the final contract. The Construction Contracts Regulations 2011 require that payment procedures are clearly established from the outset, so your notice should reference how interim payments will be calculated and when they'll be due. If you're a public sector contracting authority, you must observe mandatory standstill periods under procurement regulations before finalizing the contract. The Late Payment of Commercial Debts Act 1998 also affects your payment terms, giving contractors rights to interest on late payments. Your notice should acknowledge these statutory requirements and confirm that the final contract will include compliant payment provisions and adjudication procedures as required by the Local Democracy, Economic Development and Construction Act 2009.