What Should Be Included in Your Employer’s Requirements (ERs) for a JCT Contract
When you use a JCT Design & Build or any contract where the contractor carries design responsibility, your Employer’s Requirements (ERs) become the most important part of the agreement. They form the baseline against which the Contractor prices, designs, builds, and ultimately gets paid.
If your ERs are unclear, cost certainty disappears, variations multiply, and disputes follow — even if the contract form itself is correct.
Onform prepares detailed, coordinated ERs aligned with drawings, specifications and performance expectations — so the legal agreement matches the scope actually priced at tender.
What are Employer’s Requirements?
In JCT terms, the Employer’s Requirements (ERs) are your instructions to the contractor. They describe the scope, standards, performance outcomes, information to be produced, and which parts of the design the contractor is responsible for. The contractor then submits Contractor’s Proposals explaining how they will meet the ERs. Together these documents become the technical foundation of the signed JCT contract.
Want your ERs set up correctly from day one? Speak to Onform.
Why ERs matter
- Define design risk and responsibility
- Make tender pricing fair and comparable
- Reduce disputes via objective quality standards
- Protect the Employer’s design intent under D&B or hybrid routes
- Support the EA/CA in managing change and quality
Get contract-ready ERs drafted by a Chartered Surveyor.
Employer vs Contractor Responsibilities under JCT 2024
Employer Responsibilities
- Provide accurate, coordinated ERs (drawings, specs, performance targets)
- Identify contractor design portions and provide sufficient info to develop them
- Supply relevant site information, surveys and known constraints
- Appoint an EA/CA to administer the contract fairly
- Pay in accordance with the contract and avoid changes without due process
Contractor Responsibilities
- Prepare Contractor’s Proposals responding to the ERs
- Complete the design for contractor-designed portions (e.g. M&E, waterproofing)
- Comply with statutory requirements (Building Regs, CDM, BSA, fire)
- Deliver materials, workmanship and performance in line with the ERs
- Manage programme, coordinate trades and maintain records
- Provide test results, warranties, as-builts and O&M manuals at completion
Need clarity on where cost and design risks sit? Ask Onform to review your draft ERs.
Who bears the cost of design changes?
- If the Contractor’s design fails to meet the ERs → Contractor bears the cost of redesign/rework.
- If the Employer changes the ERs post-contract → Employer bears the cost via a formal Variation.
- If the ERs are unclear or contradictory → cost risk often falls back on the Employer and invites dispute.
Protect your position — have Onform draft unambiguous, consistent ERs.
What should be included in your Employer’s Requirements
1) Project overview and objectives
Concise description of what’s being delivered and the key outcomes (e.g. EPC A dwelling; Cat-A fit-out; 12-unit scheme).
2) Drawings and design information
Complete drawing register with revision status and originating consultant; highlight elements for contractor design development.
3) Scope of works and exclusions
Define inclusions, exclusions and provisional items to avoid scope creep and pricing ambiguity.
4) Performance and technical requirements
Measurable targets (U-values, airtightness, acoustics, fire ratings, thermal performance) with references to British Standards and manufacturer guidance.
5) Materials, products and workmanship
- Key materials/finishes and minimum standards (e.g. BS 8000, NHBC tolerances)
- Warranties, BBA approvals, UKCA/CE, durability and sustainability criteria
6) Testing, inspection and samples
Define what is tested, when, by whom, and the acceptance criteria (e.g. air test, commissioning, mock-ups, sample panels).
7) Contractor design portions
Identify each CDP (e.g. M&E, structure, waterproofing, façade), with performance criteria, submission/approval procedures and coordination duties.
8) Statutory and compliance requirements
Building Regs, planning conditions, fire strategy, Building Safety Act obligations, warranty standards (NHBC/LABC), CDM roles and deliverables.
9) Site information and constraints
Surveys, access, working hours, sensitive neighbours, party wall constraints, utilities, contamination and any known abnormal risks.
10) Programme and completion requirements
Key dates, sectional completions/possession, long-lead items, information release schedules and dependencies.
11) Employer-supplied items and information
Client-direct items (e.g. kitchens, lighting), retained suppliers, warranties, or works by others to avoid duplication in the Contract Sum.
12) Handover, commissioning and documentation
O&M manuals, as-builts, test certificates, Building Control sign-off, Home User Guides, training and demonstration requirements.
Want a professional ER template tailored to your project? Contact Onform.
How to ensure your ERs are coordinated
- Align ERs with the latest drawings/specs and remove contradictions
- Make performance targets measurable and testable
- Itemise provisional sums and clarify approval routes
- Cross-check against JCT Contract Particulars and appendices
Onform can coordinate the full ER pack and contract particulars for you.
Common pitfalls (and how to avoid them)
- Copy-pasting old ERs without updating drawings or standards
- Leaving contractor design portions undefined
- Mixing prescriptive and performance requirements (ambiguity)
- Omitting testing/approval criteria and sample requirements
- Forgetting planning condition obligations and warranty standards
Avoid costly disputes — have Onform review or draft your ERs.
How Onform can help
- Review existing design information for consistency and gaps
- Draft clear, coordinated ER documents aligned with JCT 2024
- Define contractor design responsibilities and performance requirements
- Cross-check cost risk allocations and programme obligations
- Assemble the full contract pack (ERs, appendices, Contract Particulars) ready for execution
Request a fixed-fee proposal for ER drafting and JCT contract assembly.
In summary
Your Employer’s Requirements define not just the scope, but the responsibility split between Employer and Contractor — directly affecting cost, risk and accountability. Clear, coordinated ERs protect cost certainty, preserve design intent and make contract administration straightforward.
Ready to proceed? Contact Onform to have your ERs drafted and coordinated by a Chartered Surveyor.