The JCT 05 Standard Building Sub-Contract

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. Background and Introduction.

. Sub-Contracting generally.

. Formation of Contract / Letters of Intent.

. Standard Forms of Contract and Sub-Contract..

Chapter 2 - The JCT Standard Building Sub-Contract Agreement (SBCSub/A or SBCSub/D/A)..

. Introduction.

. The structure of the SBCSub/A and SBCSub/D/A.

. The Recitals.

. The Articles.

. The Sub-Contract Particulars.

. Summary of Interim and Final Payment provisions.

. Schedule of Information.

. Supplemental Particulars..

Chapter 3 - The JCT Standard Building Sub-Contract Conditions (SBCSub/C or SBCSub/D/C): Section 1..

[including clauses 1.1 to 1.10 of SBCSub/C and SBCSub/D/C inclusive]..

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. General.

. Definitions.

. Interpretation.

. Reference to clauses etc.

. Sub-Contract to be read as a whole.

. Headings, reference to persons, legislation etc.

. Reckoning periods of days.

. Contracts (Right of Third Parties) Act, 1999.

. Giving or service of notices and other documents.

. Electronic communications.

. Effect of Final Payment Notice.

. Applicable law..

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Chapter 4 - SBCSub/C or SBCSub/D/C: Section 2 - Carrying out the Sub-Contract works [Clauses 2.1, 2.2, 2.4 to 2.15 inclusive] [and Schedule 5 Contractor's Design Submission Procedure]..

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. Sub-Contractor's obligations.

. General obligations.

. Sub-Contractor's Designed Portion.

. Materials, goods and workmanship.

. Compliance with the Main Contract and Indemnity.

. Supply of Documents, Setting Out etc.

. Sub-Contractor's Designed Portion information.

. Further drawings, details and directions.

. Errors, Discrepancies and Divergences.

. Preparation of Bills of Quantities and Contractor's Requirements.

. Bills of Quantities and SCDP Documents - errors and inadequacy.

. Notification of discrepancies etc.

. Discrepancies in SCDP Documents.

. Divergencies from Statutory Requirements.

. Sub-Contractor's Design Portion Design Work.

. Design liability and limitation.

. Design Development.

. Errors and failures - other consequences.

. Unfixed Materials and Goods..

Chapter 5 - SBCSub/C or SBCSub/D/C: Section 2 - Carrying out the Sub-Contract works [Clauses 2.3, 2.16 to 2.21 inclusive]..

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. Sub-Contractor's obligations.

. Time of commencement and completion.

. Adjustment of Period for Completion.

. Generally - The purpose of clauses allowing for the adjustment of the period for completion.

. Notice by Sub-Contractor of delay to progress.

. Fixing Period for Completion.

. Relevant Sub-Contract Events.

. Delay analysis.

. Practical Completion and Lateness.

- What is practical completion?.

- Date of practical completion.

. Failure of the Sub-Contractor to complete on time..

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Chapter 6 - SBCSub/C or SBCSub/D/C: Section 2 - Carrying out the Sub-Contract works [Clauses 2.22 to 2.26 inclusive]..

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. Defects.

. Sub-Contractor's liability.

. Sub-Contractor's Design Documents.

. As-built Drawings.

. Copyright and use.

. Collateral Warranties..

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Chapter 7 - SBCSub/C or SBCSub/D/C: Section 3 - Control of the Sub-Contract works [and Schedule 1 Sub-Contract Code of Practice]..

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. Assignment and Sub-letting.

. Non-Assignment.

. Consent to sub-letting.

. Conditions of sub-letting.

. Contractor's Directions.

. Person-in-charge.

. Access for Contractor and Architect / Contract Administrator.

. Opening Up and Remedial Measures.

. Directions to open up and test.

. Work not in accordance with the Sub-Contract.

. Instructions and deductions under the Main Contract.

. Workmanship not in accordance with the Sub-Contract.

. Effect of non-compliant work by others.

. Indemnity by Sub-Contractor.

. Schedule 1 Sub-Contract Code of Practice.

. Attendance and Site Conduct.

. Attendance and temporary buildings.

. Site clearance.

. Health and Safety and CDM Requirements.

. Health and Safety.

. The CDM Regulations.

. Suspension of Main Contract by Contractor.

. Notification by Contractor.

. Directions following suspension.

. Other Provisions.

. Strikes.

. Benefits under the Main Contract.

. Certificates under the Main Contract..

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Chapter 8 - SBCSub/C or SBCSub/D/C: Section 4 - Payment. [Clauses 4.1 to 4.18 inclusive]. [and Schedule 3 Forms of Bonds; and Schedule 4 Fluctuations Options1..

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. Payment - Generally.

. Sub-Contract Sum and Sub-Contract Tender Sum.

. Taking adjustments into account.

. Adjustment Basis.

. Final Sub-Contract Sum - Adjustment Basis.

. Remeasurement Basis.

. Final Sub-Contract Sum - Remeasurement Basis.

. Calculation of Final Sub-Contract Sum.

. Payments.

. VAT.

. Construction Industry Scheme (CIS).

. Issue of interim payments.

. Interim payments - amount due.

. Gross Valuation.

. Ascertainment.

. Retention.

. Rules governing Retentions.

. Retention Bond.

. Discount.

. The Final Payment.

. Counterclaim, set-off and abatement.

. The Payment Notice.

. The Withholding Notice.

. Timing of Payments, Payment Notices and Withholding Notices.

. Interest.

. Sub-Contractor's right of suspension.

. Fluctuation Options..

Chapter 9 - SBCSub/C or SBCSub/D/C: Section 4 - Payment. [Clauses 4.19 to 4.22 inclusive]. .

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. Loss and Expense.

. Matters affecting regular progress.

. Relevant Sub-Contract Matters.

. Contractor's reimbursement.

. Burden of proof.

. Standard of proof.

. Global claims.

. Potential heads of claim for a Loss and Expense claim.

. Site overheads.

. Inefficient or increased use of Labour and Plant.

. Winter working.

. Head Office Overheads and Profit.

. Increased costs.

. Cost of claim.

. Interest and Finance charges.

. Acceleration.

. Common Law Damages claims..

Chapter 10 - SBCSub/C or SBCSub/D/C: Section 5 - Valuation of Work and Variations [and Schedule 2 Schedule 2 Quotation.]. .

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. Definition of Variations.

. Variations 'under' the Contract.

. Why are variation clauses 'under' the contract included in contracts?.

. What is a Variation?.

. How is a Variation instructed?.

. Must a Sub-Contractor comply with all Variation directions issued?.

. What happens if a Sub-Contractor does not comply with a direction issued?.

. Valuation of Work.

. Schedule 2 Quotation.

. The Valuation Rules.

. Change of conditions for other work.

. Daywork.

. Additional Provisions..

Chapter 11 - SBCSub/C or SBCSub/D/C: Section 6 - Injury, Damage and Insurance. .

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. Definitions.

. Injury to Persons and Property.

. Liability of Sub-Contractor - personal injury or death.

. Liability of Sub-Contractor - injury or damage to property.

. Insurance - Loss or Damage to Work and Site Materials.

. Specified Perils cover under Joint Names All Risks Policies.

. Sub-Contractor's responsibility - damage to the Sub-Contract works etc.

. Terrorism Cover - non-availability - Employer's options.

. Damage to Sub-Contractor's plant etc.

. SCDP Professional Indemnity Insurance.

. Joint Fire Code - compliance..

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Chapter 12 - SBCSub/C or SBCSub/D/C: Section 7 - Termination. .

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. General.

. Termination by Contractor.

. Default by the Sub-Contractor.

. Insolvency of the Sub-Contractor.

. Corruption.

. Consequences of termination.

. Termination by Sub-Contractor.

. Default by the Contractor.

. Termination under the Main Contract.

. Insolvency of the Contractor.

. Consequences of termination..

Chapter 13 - SBCSub/C or SBCSub/D/C: Section 8 - Settlement of Disputes..

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. Introduction.

. Mediation.

. Adjudication.

. Arbitration.

. Litigation.

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Appendix A.

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. Schedule of notices and instructions..

Appendix B.

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. Standard letter precedents..

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Table of cases..

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Table of statutes and regulations..

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Clause Index. .

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Subject Index.