This book provides a comprehensive guide to the 2024 edition of the JCT Design and Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties, and to administrate the Contract in an accurate and timely manner.
Part 1 provides commentary on all the key provisions of the Contract, in plain English. It adopts the same structure as the Contract and includes the relevant extracts to reduce the need for cross-referencing. There is also guidance on current market practice, and recommendations for best practice.
Part 2 contains over 300 corresponding resources for the administration of the Contract, by both the Contractor and the Employer. It includes notice and other correspondence templates, checklists, and trackers to assist record keeping.
Written to meet the needs of busy construction practitioners, this is an accessible, practical reference for those acting on behalf of the Contractor and the Employer (and Employer's Agent), including project teams, consultants, and advisors. It is also ideally suited for students of construction law.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für Beruf und Forschung
Professional Reference and Professional Training
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 297 mm
Breite: 210 mm
Gewicht
ISBN-13
978-1-032-78023-8 (9781032780238)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Sean Mac Labhrai is a solicitor and the Chief Operating Officer at the Ardmore Group. He is a Fellow of the Chartered Institute of Arbitrators and a CEDR Accredited Mediator.
Table of Contents
Introduction
Key Changes from the 2016 Edition of the JCT Design & Build Contract
The parties
Overview of the Contract Documents
How to use this book
Part 1: Commentary
The Agreement
The Recitals
The Articles
The Contract Particulars
Attestation
The Conditions
Section 1: Definitions and Interpretation
Definitions
Interpretation
Section 2: Carrying out the Works
Contractor's Obligations
Possession
Supply of Documents, Setting Out etc.
Discrepancies and Divergences
Design Work - liabilities and limitation
Fees, Royalties and Patent Rights
Unfixed Materials and Goods - property, risk etc.
Adjustment of Completion Date
Practical Completion, Lateness and Liquidated Damages
Partial Possession by Employer
Defects
Contractor's Design Documents
Section 3: Control of the Works
Access and Representatives
Sub-Contracting
Employer's Instructions
CDM Regulations
Section 4: Payment
Contract Sum and Adjustments
Taxes
Payments and Notices - general provisions
Interim Payments - calculation of sums due
Listed Items
Retention
Loss and Expense
Final Statement and Final Payment
Section 5: Changes
General
The Valuation Rules
Section 6: Injury, Damage and Insurance
Personal Injury and Property Damage
Insurance against Personal Injury and Property Damage
Insurance of the Works and Existing Structures
Professional Indemnity Insurance
Joint Fire Code - compliance
Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties
Assignment
Performance Bonds and Guarantees
Clauses 7A to 7E - Preliminary
Third Party Rights from Contractor
Collateral Warranties from Contractor
Third Party Rights and Collateral Warranties from Sub-Contractors
Section 8: Termination
General
Termination by Employer
Termination by Contractor
Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations
Consequences of Termination under clauses 8.9 to 8.11, etc.
Section 9: Settlement of Disputes
Mediation
Adjudication
Arbitration
The Schedules
Schedule 1: Design Submission Procedure
Schedule 2: Supplemental Provisions
Schedule 3: Insurance Options
Schedule 4: Code of Practice
Schedule 5: Third Party Rights
Schedule 6: Forms of Bonds
Schedule 7: JCT Fluctuations Option A
The Employer's Requirements
The Contractor's Proposals
The Contract Sum Analysis
Other frequent contract documents:
Performance bonds
Parent company guarantees
Collateral warranties
Novation agreements
Vesting certificates
Third party agreements
Part 2: Resources for Contract Administration
Contractor Resources
Employer Resources
Further reading
Glossary
Subject index
Clause index
