The Importance of a Clear Employer’s Requirements Document in JCT Contracts

In any construction project using a JCT contract, the Employer’s Requirements (ERs) document is one of the most critical pieces of information. It sets out exactly what the employer wants the contractor to deliver — from design intent and specifications to quality standards and performance requirements.

Get it wrong, and you risk disputes, delays, and unexpected costs. Get it right, and you create a clear framework for successful delivery.

What Are Employer’s Requirements?

Under a JCT Design and Build Contract, the ERs form part of the contract documents. They tell the contractor what is required, but not necessarily how to do it. The contractor responds with their Contractor’s Proposals, explaining how they will meet those requirements.

The ERs might include:

  • Project scope and objectives

  • Drawings and design criteria

  • Technical specifications and performance standards

  • Finishes specification

  • Compliance requirements (planning, building regs, Building Safety Act, etc.)

  • Sustainability and energy efficiency targets

  • Site logistics and phasing requirements

  • Quality assurance and testing procedures

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Why a Clear ERs Document Matters

  1. Avoids Ambiguity
    If your ERs are vague, contractors will make their own assumptions, which can lead to gaps in scope and disagreements later.

  2. Sets the Quality Standard
    Detailed specifications and performance criteria mean you can hold the contractor accountable for the standard of work.

  3. Protects Against Variations
    When everything is defined upfront, there’s less room for “extras” to appear during the build.

  4. Supports Competitive Tendering
    Clear ERs ensure all contractors price the same scope, making tenders easier to compare.

  5. Forms the Basis for Contract Administration
    The ERs become a benchmark throughout the project for assessing compliance, quality, and value.

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Common Mistakes with ERs (and How to Avoid Them)

  • Copying from old projects without tailoring – Always adapt ERs to the current project’s design, site conditions, and procurement route.

  • Leaving details for later – If it’s important, it needs to be in the ERs before tender.

  • Over-specifying unnecessarily – Be precise but avoid dictating methods that may limit contractor innovation or inflate costs.

  • Not involving the right specialists – M&E, waterproofing, and structural requirements should be developed with expert input.

Best Practice Tips for Preparing ERs

  • Involve your Employer’s Agent or Contract Administrator early to coordinate input from the design team.

  • Ensure drawings, specifications, and schedules are coordinated and consistent.

  • Reference relevant British Standards, Building Regulations, and warranty provider requirements.

  • Include clear performance outcomes for elements like insulation, airtightness, fire and acoustic separation.

  • Define testing, commissioning, and handover requirements to avoid disputes at completion.

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How ONFORM Can Help

At ONFORM, we prepare bespoke ERs tailored to each project, ensuring they’re detailed, coordinated, and fit for purpose. We’ve developed ERs for everything from single high-end dwellings to multi-unit residential schemes and commercial conversions, always with a focus on reducing risk and controlling costs.

Our background in both hands-on construction and contract administration means we know what to include, what to avoid, and how to make sure your ERs work in practice — not just on paper.

Planning a Project in the South or London?

If you’re planning a project in Bournemouth, Poole, Christchurch, Dorset, Hampshire, Wiltshire, Berkshire, Surrey, London or the surrounding areas, we can prepare or review your Employer’s Requirements to make sure they protect your interests and set your project up for success.

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