JCT 05 Standard Building Sub-Contract
Published on 21. January 2008
Software
Other digital
384 pages
978-0-470-75970-7 (ISBN)
Description
Although the majority of construction work these days is carried out by sub-contractors, there are surprisingly few books dealing with building sub-contracts and the related law. This book provides a much welcomed guide to the new 2005 JCT Standard Building Sub-Contract (SBCSub and SBCSub/D), which is likely to be the regular sub-contract form used by contractors when letting works under the radically revised 2005 JCT Standard Building Contract. Peter Barnes, who has over 30 years' experience of contractor/sub-contractor relationships, provides a clause by clause commentary on the sub-contract, highlighting practical issues and considering relevant case law. The book will be of interest not only to sub-contractors and main contractors, but also to other construction professionals and lawyers who need an understanding of the contractual relationship and allocation of risk between contractors and sub-contractors. The Author Peter Barnes MSc (Construction Law and Arbitration), DipICArb, FCIOB, FCIArb, MRICS, is a Chartered Arbitrator, a registered adjudicator and a CIArb trained mediator.
He has been actively involved in the construction industry for almost 30 years and has a wide experience of many types of construction work, including building (both new build and refurbishment), civil engineering, and mechanical and electrical installations. He spent many years working for main contractors, undertaking both surveying and management roles, and during that time he has administered and settled a multitude of sub-contract accounts on a variety of different contracts. His experience with sub-contracts covers both simple and complex contracts and has involved detailed examination of contractual entitlements. His practical background has led to an in-depth understanding of the allocation of risks in contractor/sub-contractor relationships. Since becoming a consultant, Peter Barnes has represented many parties in both adjudications and arbitrations, has acted as an expert witness in respect of both liability and quantum, and has been appointed as adjudicator by both the Chartered Institute of Arbitrators and the Construction Industry Council.
His wide experience base has led to him being appointed to the committees of the Chartered Institute of Building Eastern Branch, the Chartered Institute of Arbitrators East Anglia Branch, and the Institution of Civil Engineering Surveyors Anglia and Central Branch. Also of Interest The Law & Management of Building Subcontracts Second Edition John McGuinness 1 4051 6102 7 978 14051 6102 2 The JCT Intermediate Building Contracts Third Edition David Chappell 1 4051 4049 6 978 14051 4049 2 The JCT Minor Works Building Contracts 2005 Fourth Edition David Chappell 1 4051 5271 0 978 14051 5271 6 The NEC 3 Engineering and Construction Contract Second Edition Brian Eggleston 0 6320 5386 0 978 06320 5386 5 Building Contract Casebook Fourth Edition Michael Furmston 1 4051 1881 4 978 14051 1881 1 One Hundred and Fifty Contractual Problems and their Solutions Second Edition Roger Knowles 1 4051 2070 3 978 14051 2070 8 Cover design by Workhaus
He has been actively involved in the construction industry for almost 30 years and has a wide experience of many types of construction work, including building (both new build and refurbishment), civil engineering, and mechanical and electrical installations. He spent many years working for main contractors, undertaking both surveying and management roles, and during that time he has administered and settled a multitude of sub-contract accounts on a variety of different contracts. His experience with sub-contracts covers both simple and complex contracts and has involved detailed examination of contractual entitlements. His practical background has led to an in-depth understanding of the allocation of risks in contractor/sub-contractor relationships. Since becoming a consultant, Peter Barnes has represented many parties in both adjudications and arbitrations, has acted as an expert witness in respect of both liability and quantum, and has been appointed as adjudicator by both the Chartered Institute of Arbitrators and the Construction Industry Council.
His wide experience base has led to him being appointed to the committees of the Chartered Institute of Building Eastern Branch, the Chartered Institute of Arbitrators East Anglia Branch, and the Institution of Civil Engineering Surveyors Anglia and Central Branch. Also of Interest The Law & Management of Building Subcontracts Second Edition John McGuinness 1 4051 6102 7 978 14051 6102 2 The JCT Intermediate Building Contracts Third Edition David Chappell 1 4051 4049 6 978 14051 4049 2 The JCT Minor Works Building Contracts 2005 Fourth Edition David Chappell 1 4051 5271 0 978 14051 5271 6 The NEC 3 Engineering and Construction Contract Second Edition Brian Eggleston 0 6320 5386 0 978 06320 5386 5 Building Contract Casebook Fourth Edition Michael Furmston 1 4051 1881 4 978 14051 1881 1 One Hundred and Fifty Contractual Problems and their Solutions Second Edition Roger Knowles 1 4051 2070 3 978 14051 2070 8 Cover design by Workhaus
Reviews / Votes
'There is a superb background chapter on getting into contract. Then Barnes takes his reader through the machinery of the standard form. Better still, he tells you what to look for when signing up. The author's analysis of time obligations is excellent, as is his section on control of changes. Payment rules are comfortably explained. In short, Barnes is willing to share his 30 years of disputes with you and we could do with more books by him.' Tony Bingham, Building. 'Peter Barnes has over 30 years experience in contractor/ sub-contractor reltionships, so you would expect him to understnad the problmes that can arise at any stage in building contract and his experience is precisely what this book confirms.' The Expert & Dispute ResolverMore details
Language
English
Place of publication
Hoboken
United Kingdom
Publishing group
John Wiley and Sons Ltd
Target group
Professional and scholarly
Dimensions
Height: 252 mm
Width: 180 mm
Thickness: 25 mm
Weight
976 gr
ISBN-13
978-0-470-75970-7 (9780470759707)
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 Classification
Other editions
Additional editions
Peter Barnes
The JCT 05 Standard Building Sub-Contract
E-Book
05/2008
Wiley-Blackwell
€95.99
Available for download
Person
Peter Barnes MSc (Construction Law and Arbitration), FCIOB, FCIArb, MRICS, MICE, is a Chartered Arbitrator, a registered Adjudicator and an accredited Mediator. He has been actively involved in the construction industry for over 30 years and has a wide experience of many types of construction work. He spent many years working for main contractors, undertaking both surveying and management roles, and during that time he administered and settled a multitude of sub-contract accounts on a variety of different contracts. Since becoming a consultant, he has represented many parties in both adjudications and arbitrations, and has been appointed as adjudicator by both the Chartered Institute of Arbitrators and the Construction Industry Council. He is co-author of the book titled, 'Subcontracting Under the JCT 2005 Forms'.
Content
Chapter 1 - The purpose and use of the JCT Standard Building Sub-Contract (2005 Edition).. . * 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].. . * 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... 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].. . * 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].. . * 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... Chapter 6 - SBCSub/C or SBCSub/D/C: Section 2 - Carrying out the Sub-Contract works [Clauses 2.22 to 2.26 inclusive].. . * Defects. * Sub-Contractor's liability. * Sub-Contractor's Design Documents. * As-built Drawings. * Copyright and use. * Collateral Warranties. . Chapter 7 - SBCSub/C or SBCSub/D/C: Section 3 - Control of the Sub-Contract works [and Schedule 1 Sub-Contract Code of Practice].. . * 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... 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.. . * 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]... * 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.]... * 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... * 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... Chapter 12 - SBCSub/C or SBCSub/D/C: Section 7 - Termination... * 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. . * Introduction. * Mediation. * Adjudication. * Arbitration. * Litigation... Appendix A. . * Schedule of notices and instructions. Appendix B. . * Standard letter precedents... Table of cases. . Table of statutes and regulations. . Clause Index... Subject Index.