The JCT Standard Building Contract 2011 1st Edition by David Chappell ISBN 978-1118819753 1118819756
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Product details:
ISBN 10: 1118819756
ISBN 13: 978-1118819753
Author: David Chappell
Books about construction contracts tend to be dense and wordy, but what most architects, quantity surveyors, project managers, builders and employers are looking for is an easily navigable, simple guide to using a contract, written in plain language. The JCT Standard Building Contract 2011 is an uncomplicated book about a complex and commonly used contract. It straightforwardly and concisely sets out exactly what the contract requires in various circumstances, as far as possible without legal jargon and without assuming any particular legal or contractual expertise from the reader. It explains, often from first principles, exactly what is meant by a contract and why certain clauses, such as extension of time clauses or liquidated damages clauses are present and more importantly, what they mean. The book is divided into many chapters, each with many sub-headings, to make it easy to read and to help readers to find relevant explanations quickly. Tables and flowcharts are used to ensure c
Table of contents:
Part I Preliminaries
1 Introduction
1.1 What is a contract?
1.2 Purpose of building contracts
1.3 Types of construction contracts
1.4 Characteristics of a standard form
1.5 Commonly used contracts
1.6 Important background to SBC
1.7 SBC and variants
2 Basic matters
2.1 Works
2.2 Drawings
2.3 Specification
2.4 Schedules
2.5 Bills of quantities
2.6 The Standard Method of Measurement
2.7 Privity of contract and the Third Party Act
2.8 Third party rights and collateral warranties
2.9 Base Date
2.10 Common problems
3 About the contract documents
3.1 What constitutes the contract?
3.2 What are articles and recitals?
3.3 How to complete the contract form
3.4 Priority of documents
3.5 Errors, discrepancies and divergences
3.6 Custody and copies
3.7 Limits to use
3.8 Reckoning days
3.9 Certificates, notices and other communications
3.10 Applicable law
3.11 Common problems
4 Related matters
4.1 The Housing Grants, Construction and Regeneration Act 1996 as amended
4.2 Entire contracts
4.3 Express and implied terms
4.4 Limitation periods
4.5 Letters of intent
4.6 How much did he earn?
4.7 Limited companies
4.8 Bonds
4.9 Common problems
Part II Participants
5 The architect’s powers and duties
5.1 What the architect can do or must do
5.2 Specific requirements under the JCT contract
5.3 Powers
5.4 The architect’s design role under SBC
5.5 The architect as agent for the employer
5.6 No power to direct contractor
5.7 Issue of certificates
5.8 The issue of instructions
5.9 Instructions in detail
5.10 Issue of information
5.11 Duties under the contract
5.12 General duties
5.13 Does the architect have any duty to the contractor?
5.14 Common problems
6 The contractor’s powers and duties
6.1 What the contractor can do or must do
6.2 Person-in-charge
6.3 Access to the Works and premises
6.4 Carrying out the Works
6.5 Levels and setting out
6.6 Workmanship and materials
6.7 Contractor’s master programme and other documents
6.8 Statutory obligations
6.9 Antiquities
6.10 Drawings, details and information
6.11 Compliance with architect’s instructions
6.12 Suspension of performance
6.13 Does the contractor have a duty to warn of design defects?
6.14 Common problems
7 The employer’s powers and duties
7.1 What the employer can or must do
7.2 Express and implied powers and duties
7.3 General powers
7.4 General duties
7.5 Common problems
8 Consultants
8.1 General points
8.2 Quantity surveyors
8.3 Employer’s representative/project manager
8.4 Structural engineers, mechanical engineers and others
8.5 Common problems
9 The clerk of works
9.1 Method of appointment
9.2 Duties
9.3 Snagging lists
9.4 Defacing materials
9.5 Common problems
10 Sub-contractors and suppliers
10.1 General
10.2 Assignment
10.3 Sub-contracting
10.4 Listed sub-contractors
10.5 Named specialists
10.6 Common problems
11 Statutory authorities
11.1 Work not forming part of the contract
11.2 Statutory authorities in contract
11.3 The CDM Regulations 2007
11.4 Common problems
Part III
Work in Progress
12 Insurance
12.1 Why insurance?
12.2 Types of insurance in the contract
12.3 What is an indemnity?
12.4 Injury to persons and property
12.5 Things that are the liability of the employer
12.6 Insurance terms
12.7 Insurance of the Works: alternatives
12.8 A new building where the contractor is required to insure
12.9 A new building where the employer insures
12.10 Alterations or extensions to an existing building
12.11 Benefits for sub-contractors
12.12 The Joint Fire Code
12.13 Terrorism cover
12.14 Common problems
13 Possession of the site
13.1 General
13.2 Date of possession
13.3 Common problems
14 Extension of time
14.1 Basics
14.2 Extension of time
14.3 Grounds
14.4 Procedure
14.5 Important conditions
14.6 Common problems
15 Liquidated damages
15.1 What are liquidated damages?
15.2 Procedure
15.3 Common problems
16 Financial claims
16.1 Loss and expense claims
16.2 Procedure
16.3 Effect on regular progress
16.4 The architect’s opinion
16.5 Ascertainment
16.6 Reimbursement under other contract provisions
16.7 Relevant matters forming the basis of a claim
16.8 Certification of direct loss and/or expense
16.9 Contractor’s other rights and remedies
16.10 Common problems
17 Architect’s instructions
17.1 Purpose
17.2 Scope
17.3 Common problems
18 Variations
What is a variation?
Does extra work always involve payment?
Valuation
Treatment of approximate quantities, defined and undefined provisional sums
If the conditions for carrying out other work are altered
Valuation of obligations and restrictions
Schedule 2 quotations
Acceleration
18.9 Daywork
18.10 Valuation of contractor’s designed portion
18.11 Common problems
19 Payment
19.1
19.2
The Contract Sum
Valuation
19.3 Method and timing
19.4 Payment procedure
19.5 Retention
19.6 Final payment
19.7 The effect of certificates
19.8 Fluctuations
19.9 Off-site materials
19.10 Common problems
20 Contractor’s design
20.1 Contractor’s Designed Portion (CDP)
Documents
The contractor’s obligations
20.4
Liability
20.5
Variations
20.6 Insurance
20.7 Common problems
Part IV Closing Stages
21 Practical completion
21.1 Definition
21.2 What the contract says
21.3 Consequences
21.4 Partial possession and sectional completion
21.5 Common problems
22 Defects liability
22.1 During construction
22.2 Rectification period
22.3 Definition
22.4 Defects, shrinkages or other faults
22.5 Frost
22.6 Procedure
22.7 Common problems
23 Termination
23.1 General points
23.2 Termination by the employer
23.3 Grounds: contractor’s defaults
23.4 Grounds: insolvency of contractor
23.5 Grounds: corruption
23.6 Grounds: neutral causes
23.7 Grounds: insurance risks and terrorism cover
23.8 Consequences of termination for contractor’s default or insolvency
23.9 Consequences of termination for neutral causes or insurance risks
23.10 Termination by the contractor
23.11 Grounds: employer’s defaults
23.12 Grounds: insolvency of employer
23.13 Grounds: neutral causes
23.14 Grounds: insurance risks and terrorism cover
23.15 Consequences of termination for employer’s default, neutral causes or insolvency of the employer, etc.
23.16 Consequences of termination for insurance risks
23.17 Suspension of the Works by the contractor
23.18 Common problems
Part V Intractable Problems
24 Dispute resolution procedures
24.1 General
24.2 Adjudication
24.3 Arbitration
24.4 Legal proceedings (litigation)
24.5 Mediation
24.6 Common problems
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Tags: David Chappell, The JCT Standard, Building Contract