The JCT Minor Works Building Contracts 2016

 
 
Standards Information Network (Verlag)
  • 5. Auflage
  • |
  • erschienen am 30. August 2017
  • |
  • 264 Seiten
 
E-Book | PDF mit Adobe DRM | Systemvoraussetzungen
978-1-119-41528-2 (ISBN)
 
The revised and updated edition of this classic book on the JCT Minor Works Building Contracts
The JCT Minor Works Building Contracts 2016 offers a concise overview of this agreement, which continues to be the most popular JCT contract, as it used on the sorts of small works that most architects and builders encounter routinely. Written in straightforward terms, the book is formatted in short chapters with accessible sub-headings, and the author avoids legal and pseudo-legal wording where possible. Some explanations from first principles are included where it is thought they would be helpful and occasionally, where the precise legal position is unclear, the author uses his significant experience to offer a view. Overall, the information is presented in a manner that it is easy to understand, use and reference.
The 2016 edition of the contract contains a great many changes from previous editions and these are all covered. For example, the book includes information about the substantially revised payment provisions, changes to those parts dealing with insurance, variation instructions, the CDM Regulations, Supplemental Provisions, definitions, and the Contractor's Designed Portion. In summary, this fifth edition has been comprehensively revised and updated to:
* Ensure the discussion is easy to comprehend and use by busy architects and contractors
* Include a Include a number of tables and flowcharts to assist in understanding the way the contract operates
* Include several letter templates that can be used in common situations
* Provide answers to the sorts of problems that commonly arise in the course of a building project
The new edition of this classic book on The JCT Minor Works Building Contracts will be an ideal tool for busy architects and contractors who need to find what to do when problems arise on projects using this contract.
5. Auflage
  • Englisch
  • Newark
  • |
  • Großbritannien
John Wiley & Sons Inc
  • Für Beruf und Forschung
  • Überarbeitete Ausgabe
  • 2,11 MB
978-1-119-41528-2 (9781119415282)
1119415284 (1119415284)
weitere Ausgaben werden ermittelt
About the Author
David Chappell BA (Hons Arch) MA(Arch) MA(Law) PhD RIBA is an architect who has worked in both the public and private sectors, as well as in contract administration and as a lecturer in construction law and contracts procedure. He was Professor of Architectural Practice and Management Research at The Queens University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. Since 1989, he has practiced as a contracts consultant and adjudicator, both for a large consultancy and for the last twenty-three years as director of his own consultancy. He is an experienced adjudicator and the author of many books for the construction industry.
  • Intro
  • Title Page
  • Copyright Page
  • Contents
  • Preface to the fifth edition
  • Abbreviations
  • Chapter 1 Introduction
  • 1.1 Some general things about contracts
  • The law is divided into parts
  • Tort
  • Contract
  • Breach of contract
  • Repudiation
  • Essentials of a contract
  • Two types of contract
  • 1.2 Some background to MW and MWD
  • 1.3 When to use MW and MWD
  • When not to use
  • MW not that simple
  • 1.4 How to use
  • The contract drawings
  • The contract drawings and the specification priced by the contractor
  • The contract drawings and work schedules priced by the contractor
  • The contract drawings, the specification and the work schedules, one of which is priced by the contractor
  • 1.5 What is the contract?
  • What MW and MWD say
  • Incorporating other documents
  • 1.6 How to complete the contract form
  • First page
  • Recitals
  • Articles
  • Contract particulars
  • Attestation
  • The conditions
  • 1.7 Priority of documents
  • Work included
  • 1.8 Inconsistencies and divergences
  • Errors and discrepancies in the Employer's Requirements
  • Discrepancies in general
  • Importance and priority
  • 1.9 Custody and copies
  • 1.10 Limits to use
  • 1.11 Notices, time and the law
  • 1.12 Common problems
  • Mistakes in the documents
  • Starting before the contract is signed
  • Chapter 2 Some basics
  • 2.1 Works
  • 2.2 Drawings
  • Types of drawings
  • 2.3 Copyright
  • 2.4 Specification
  • 2.5 Schedules
  • 2.6 Privity of contract and third party rights
  • 2.7 Base date
  • 2.8 Common problems
  • Amendments to the standard forms of contract
  • The sub-contractor has a design responsibility but the contractor has no design responsibility
  • Chapter 3 Things you must know
  • 3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended)
  • Background
  • 3.2 Express and implied terms
  • Implied terms
  • 3.3 Limitation periods
  • The effect of the Limitation Act
  • How long?
  • Exceptions
  • 3.4 Letters of intent
  • If there is no signed contract
  • What is a letter of intent?
  • Dangers
  • The letter of intent may not be binding
  • 3.5 Quantum meruit
  • 3.6 Common problems
  • If the employer and contractor enter into a contract on the basis of a price given by the contractor based on some drawings, will the law imply that the relevant JCT contract is part of the agreement?
  • The adjudication is finished and the adjudicator has obviously made the wrong decision. Can the employer or contractor appeal?
  • Chapter 4 Architect's powers and duties
  • 4.1 Authority and duties
  • Contractor's remedies
  • Architect's appointment
  • Employer's responsibility
  • Reasonable skill and care
  • Knowledge of the law
  • Agency
  • 4.2 Duty to act fairly
  • 4.3 An architect in a local authority or similar
  • 4.4 Express provisions of the contract
  • Signing
  • Access to the works and premises
  • Architect ceasing to act
  • Further information
  • 4.5 Common problems
  • Correspondence between architect and contractor is usually by email nowadays. To what extent is such correspondence binding?
  • It is common for an architect to put two rectification periods in the contract: one for building work and the other, usually longer, for mechanical and electrical. Is this allowed?
  • Chapter 5 Contractor's powers and duties
  • 5.1 Contractor's obligations: express and implied
  • 5.2 Basic principles
  • Some implied terms
  • Some statutory terms
  • Effect of sub-letting
  • Summary of powers and duties
  • 5.3 Carrying out the Works
  • Qualifications to the obligations
  • Contract documents
  • Proceeding regularly and diligently
  • Programme
  • 5.4 Workmanship and materials
  • Certification
  • Who owns the materials?
  • 5.5 Statutory obligations
  • 5.6 Contractor's representative
  • 5.7 Compliance with architect's instructions
  • Other rights and obligations
  • 5.8 Suspension of obligations
  • 5.9 Common problems
  • The contractor has left site before practical completion and there is no sign that it will return so the architect issues an instruction requiring the contractor to return to site.
  • The adjudication provisions and the contractor's right to suspend have been deleted from the contract. The employer has not paid the last interim certificate. What can the contractor do?
  • Chapter 6 Employer's powers and duties
  • 6.1 Powers and duties: in the contract and elsewhere
  • A few words about obligations under the general law (implied terms)
  • Briefly
  • More detail
  • 6.2 Rights under MW and MWD
  • Who are the parties?
  • Damages for non-completion
  • 6.3 Other rights
  • 6.4 Duties under MW and MWD
  • Failure to carry out a duty
  • Payment
  • Time for payment
  • Payment notices
  • Paying less
  • How to pay
  • 6.5 Retention
  • 6.6 Other duties
  • 6.7 Common problems
  • In order to keep everything 'friendly' an employer may tell the contractor that liquidated damages will not be deducted.
  • The employer wants to dispense with the architect and act as contract administrator.
  • Chapter 7 Quantity surveyor
  • 7.1 Appointment
  • Whether to appoint
  • Early appointment
  • 7.2 Duties
  • A clause in the contract
  • 7.3 Responsibilities
  • Valuation
  • Architect should not appoint
  • 7.4 Common problems
  • The quantity surveyor is engaged to carry out valuations and insists on sending them to the contractor at the same time as they are sent to the architect.
  • Contractors often submit daywork sheets to support a claim for extra payment when carrying out variations. How should thy be taken into account by the architect or the quantity surveyor (if appointed)?
  • Chapter 8 Clerk of works
  • 8.1 Appointment
  • A clause in the contract
  • 8.2 Duties
  • Snagging lists
  • 8.3 Responsibilities
  • 8.4 Common problems
  • The clerk of works has not notified the contractor of defects in the Works, they are not defects, merely snags which can be picked up later.
  • The clerk of works tells the contractor that he has put a 'stop notice' on the work.
  • Chapter 9 Sub-contractors and suppliers
  • 9.1 General
  • 9.2 Differences between assignment and sub-contracting
  • 9.3 Assignment
  • 9.4 Sub-contracting
  • 9.5 Nominated sub-contractors
  • Naming in the specification
  • Naming by an instruction in respect of a provisional sum
  • Including a clause in the contract
  • The employer directly employing the specialist firm
  • 9.6 Common problems
  • Under MW the architect has specified a sub-contractor to design, supply and fix the staircase. The sub-contractor has fitted a staircase, but it does not comply with the building regulations.
  • If the employer finds a firm which will do the electrical work which is in the contract at a price much cheaper than the contractor would do it, does the architect have power to omit the work from the contract?
  • Chapter 10 Statutory matters and work outside the contract
  • 10.1 Statutory authorities
  • Notices and fees
  • Liability
  • Emergencies
  • CDM Regulations
  • 10.2 Works not forming part of the contract
  • 10.3 Common problems
  • The specification states that the employer will supply the roofing slates.
  • The building control officer (BCO) has been to site and instructed the contractor that the foundations to a house must be excavated a further one metre deep before concrete is poured.
  • Chapter 11 Insurance
  • 11.1 Important
  • 11.2 Injury to or death of persons
  • Insurance
  • 11.3 Damage to property
  • Insurance
  • Non-negligent damage to other property
  • 11.4 Insurance of the Works
  • Important terms
  • Joint names
  • Excepted risks
  • All risks insurance
  • Specified perils insurance
  • Alternative insurances
  • A new building where the contractor is required to insure in joint names
  • Alterations or extensions to existing structures
  • Insurance of the Works and existing structure by some other means
  • 11.5 Evidence of insurance
  • 11.6 Loss or damage
  • Termination
  • 11.7 Common problems
  • The Works involve an extension and refurbishment to an existing house for the owners and the owners cannot get their insurers to provide insurance under clause 5.4B. However, the contractor says that its insurance will cover everything and has sent copies
  • Evidence of insurance must be provided by one party to the other within seven days of a request. Then what?
  • Chapter 12 Possession of the site
  • 12.1 Important points
  • Licence
  • Retaking possession
  • 12.2 Date for possession
  • 12.3 Failure to give possession
  • 12.4 Common problems
  • Can the contractor insist that the architect physically sets out the building on site?
  • The contract could have, but does not, say that the contractor gets possession of the site. It merely says that the contractor may commence work on a specific date. Therefore, can the employer carry on occupying the house or whatever relatively small buil
  • Chapter 13 Extension of time
  • 13.1 Why necessary?
  • An example
  • The answer
  • 13.2 Extension of time
  • 13.3 Reasons
  • 13.4 Failure to notify delay
  • 13.5 Does an extension of time entitle the contractor to any money?
  • 13.6 Common problems
  • The contractor was late in getting the roof covered and a two-day downpour prevented the contractor from dong any work at all.
  • The contractor informs the architect that the employer has called on site and agreed an extension of time. On enquiry, the employer confirms it.
  • Chapter 14 Liquidated damages
  • 14.1 What are liquidated damages?
  • Principles
  • 14.2 Liquidated damages or penalty?
  • Calculation
  • 14.3 Procedure
  • 14.4 Common problems
  • If the contractor's employment is terminated after the date for completion, can liquidated damages be deducted for every week until the project is completed by another contractor?
  • The contractor says that the employer cannot charge for having to correct defective work after practical completion, because the amount of liquidated damages is the maximum that the employer can deduct.
  • Chapter 15 Financial claims
  • 15.1 General
  • Direct
  • 15.2 Dealing with loss and/or expense
  • How the contractor can claim
  • 15.3 Types of claims
  • 15.4 Common problems
  • The contractor says that it is entitled to preliminaries on the two weeks extension of time it has been given for late provision of architect's details
  • The architect has agreed a price with the contractor for an instructed variation. Now the contractor is saying that the contract requires the architect to add some loss and/or expense to the agreed price.
  • Chapter 16 Architect's instructions
  • 16.1 Architect's instructions
  • Oral instructions
  • 16.2 Contractor's objection
  • 16.3 Specific instructions
  • 16.4 Other instructions which will be empowered
  • 16.5 Common problems
  • After failing to comply with a compliance notice, the contractor refuses to allow another contractor onto the site to carry out the instruction.
  • The behaviour of the person-in-charge towards the architect is disagreeable, aggressive and his speech is punctuated by obscenities. The architect has issued an instruction excluding him from the site. The contractor objects on the basis that he is an ext
  • Chapter 17 Variations
  • 17.1 Variations
  • Definition
  • Additions and omissions
  • Changes
  • Order of work
  • Manner of carrying out
  • Employer's Requirements
  • 17.2 Valuation
  • Agreeing a price
  • Architect's valuation
  • Information from the contractor
  • Direct loss and/or expense
  • 17.3 Provisional sums
  • 17.4 Common problems
  • All the steelwork is CDP Works. The contractor has submitted its proposals for the design but the employer wants a change and engages a consultant structural engineer to redesign the steelwork and the architect issues an instruction to the contractor encl
  • If the contractor refuses to carry out a variation until its quotation has been accepted.
  • Chapter 18 Payment
  • 18.1 Important to read this first
  • Purpose of the payment procedure
  • The interim valuation date - very important
  • Summary
  • 18.2 Contract Sum
  • Error in calculation
  • 18.3 Interim certificates
  • What must be included in an interim certificate?
  • The total value of work properly executed
  • Amounts ascertained or agreed as variations or provisional sums
  • Amounts ascertained following valid suspension by the contractor for non-payment
  • The value of materials and goods, etc.
  • Fluctuation provisions
  • The total amount due in previous certificates
  • Sums paid in accordance with a payment notice
  • Pay less notice
  • 18.4 Final certificate
  • Payment notice
  • Pay less notice
  • 18.5 Effect of certificate
  • 18.6 Failure to pay
  • 18.7 Retention
  • 18.8 Common problems
  • The employer fails to issue a pay less notice but there are many defects in the Works. Does the employer have to pay?
  • Sixth months after the issue of the final certificate, the contractor says that the final certificate was undervalued and unless the employer makes payment of the shortfall, the contractor will claim the amount in adjudication.
  • Chapter 19 Practical completion
  • 19.1 Practical completion
  • Definition
  • 19.2 The contract says
  • No partial possession
  • Certification
  • Pre practical completion 'snagging'
  • 19.3 Consequences of practical completion
  • 19.4 Common problems
  • The Works were completed three months ago but the contractor has only now provided all the information required by the CDM Regulations, therefore the architect has issued a certificate of practical completion but back-dated it three months.
  • Must the architect issue a practical completion certificate if the contractor's employment has been terminated but the Works have been completed by another contractor?
  • The architect has agreed with the contractor that a practical completion certificate will be issued even though there are still defects outstanding and the contractor has promised that he will rectify the defects and complete all outstanding work within t
  • Chapter 20 Defects liability
  • 20.1 During construction
  • 20.2 During the rectification period
  • 20.3 Defects, shrinkages and other faults
  • 20.4 Frost
  • 20.5 Procedure
  • Length of period
  • Appearance of defects
  • Notification
  • 20.6 Making Good
  • Appropriate deduction
  • Defects after the end of the rectification period
  • 20.7 Certificate of making good
  • 20.8 Common problems
  • The architect has issued a list of defects within 14 days after the end of the rectification period. About a month later, and when the contractor has just finished dealing with the defects on the list, another serious defect comes to light. The contractor
  • The architect need not wait until the end of the rectification period to notify the contractor of defects. The defects can be notified as they arise. Can the contractor wait until the end of the period and all defects have been notified before starting th
  • Chapter 21 Termination
  • 21.1 Preliminary thoughts
  • An important condition
  • 21.2 If no termination in the contract
  • Performance
  • Agreement
  • Breach of contract
  • An option
  • Termination under the contract
  • 21.3 Termination by the employer
  • Grounds
  • Procedure for a specified default
  • Procedure for termination after default
  • Procedure for termination on insolvency
  • 21.4 Consequences of employer termination
  • 21.5 Termination by the contractor
  • General
  • Grounds and procedure
  • Procedure for specified default or suspension
  • 21.6 Consequences of contractor termination
  • 21.7 Termination by either employer or contractor
  • 21.8 Termination after loss or damage to existing structures
  • 21.9 Reinstatement
  • 21.10 Common problems
  • Can a termination notice be sent by the architect, and if it is the contractor terminating can its termination notice be sent to the architect?
  • The contractor consistently produces poor workmanship and it is no better even when instructions are given to rectify it, but that is not grounds for termination.
  • Chapter 22 Contractor's designed portion (CDP)
  • 22.1 Principles
  • Documents
  • 22.2 Contractor's obligations
  • Liability
  • Integration of the CDP
  • Contractor's information
  • 22.3 Inconsistences and divergences
  • 22.4 Variations
  • 22.5 Other matters
  • 22.6 Common problems
  • Is the contractor just paid for construction or for the design as well?
  • The architect has sent an instruction in the form of a drawing showing an amendment to the design of the CDP Works.
  • Chapter 23 Dispute resolution procedures
  • 23.1 General
  • 23.2 Choice
  • Mediation
  • Adjudication
  • Arbitration or legal proceedings: Choice of procedures
  • 23.3 The Construction Act 1996
  • 23.4 Adjudication in general
  • At any time
  • Adjudication decision
  • 23.5 Pros and cons
  • The advantages of arbitration
  • Disadvantages of arbitration
  • Advantages of legal proceedings
  • Disadvantages of legal proceedings
  • Arbitration
  • 23.6 Adjudication in detail
  • The contract provisions
  • The Scheme: Notice of adjudication
  • The Scheme: Appointment of the adjudicator
  • The Scheme: Procedure
  • The Scheme: Adjudicator's powers and duties
  • Summary of powers
  • Failure to comply
  • Final certificate
  • Power to order payment
  • Information submitted
  • The Scheme: The adjudicator's decision
  • The Scheme: Costs
  • 23.7 Arbitration
  • General
  • Governing rules
  • Questions of law
  • A formal process
  • Hearings
  • Procedure
  • Short hearing procedure
  • Documents only procedure
  • Full procedure
  • The appointment of an arbitrator
  • Powers of the arbitrator
  • Third party procedure
  • 23.8 Legal proceedings (litigation)
  • 23.9 Mediation
  • 23.10 Common problems
  • If the adjudicator's decision is obviously wrong
  • If the other party is not responding at all, will that stop the adjudication?
  • Notes and references
  • Table of cases
  • Clause number index to text
  • Subject index
  • EULA

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