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The JCT Standard Building Contract 2011


ISBN13: 9781118819753
Published: March 2014
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Paperback
Price: £53.95



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This is a straightforward and concise book about a complex but commonly used standard building contract. As far as possible free of legal jargon, it sets out exactly what the recently revised JCT Standard Building Contract 2011 requires in various circumstances.

JCT Standard Building Contract 2011 is a simple book about a complex but commonly used contract, but it is not brief or superficial. Rather it is straightforward, concise, and as far as possible free of legal jargon.

It sets out exactly what the contract requires in various circumstances and 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. The book is divided into topics and most chapters include a section dealing with common problems which arise in practice. Tables and flowcharts are frequently used to ensure clarity.

  • Covers the recently issued JCT Standard Building Contract 2011
  • Straightforward, concise, and as far as possible free of legal jargon
  • Sets out exactly what the contract requires in various circumstances
  • Includes many tables and flowcharts to ensure clarity

Subjects:
Construction Law
Contents:
Preface
Abbreviations
Notes before reading

PART I: PRELIMINARIES

Chapter 1 Introduction
1.1 What is a contract?
1.2 Purpose of building contracts
1.3 Types of building contracts
1.4 Characteristics of a standard form
1.5 Commonly used contracts
1.6 Important background to SBC
1.7 SBC and variants

Chapter 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

Chapter 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

Chapter 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 Quantum meruit
4.7 Limited companies
4.8 Bonds
4.9 Common problems

PART II PARTICIPANTS

Chapter 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

Chapter 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

Chapter 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

Chapter 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

Chapter 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

Chapter 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

Chapter 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

Chapter 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 which 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 subcontractors
12.12 The joint fire code
12.13 Terrorism cover
12.14 Common problems

Chapter 13 Possession of the site
13.1 General
13.2 Date for possession
13.3 Common problems

Chapter 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

Chapter 15 Liquidated damages
15.1 What are liquidated damages?
15.2 Procedure
15.3 Common problems

Chapter 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

Chapter 17 Architect’s instructions
17.1 Purpose
17.2 Scope
17.3 Common problems

Chapter 18 Variations
18.1 What is a variation?
18.2 Does extra work always involve payment?
18.3 Valuation
18.4 Treatment of approximate quantities, defined and undefined provisional sums
18.5 If the conditions for carrying out other work are altered
18.6 Valuation of obligations and restrictions
18.7 Schedule 2 quotations
18.8 Acceleration
18.9 Daywork
18.10 Valuation of contractor’s designed portion
18.11 Common problems

Chapter 19 Payment
19.1 The contract sum
19.2 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 Off-site materials
19.9 Fluctuations
19.10 Common problems

Chapter 20 Contractor’s design
20.1 Contractor’s Designed Portion (CDP)
20.2 Documents
20.3 The contractor’s obligations
20.4 Liability
20.5 Variations
20.6 Insurance
20.7 Common problems

PART IV CLOSING STAGES

Chapter 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

Chapter 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

Chapter 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
23.10 Termination by the contractor
23.11 Grounds: employer’s faults
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

Chapter 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

Table of Cases
Index