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Vol 24 No 10 Oct/Nov 2019

Book of the Month

Cover of Lewis and Buchan: Clinical Negligence A Practical Guide

Lewis and Buchan: Clinical Negligence A Practical Guide

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The JCT Minor Works Building Contracts: 2016 5th ed


ISBN13: 9781119415541
Previous Edition ISBN: 9781405152716
Published: October 2017
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Paperback
Price: £54.95



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The 2016 edition of the JCT Minor Works Building Contract contains a great many changes from the 2011 and 2005 editions, many of which are apparently minor but all are significant.

This 5th edition has been comprehensively re-written to address these changes and to make them easier to understand. Busy architects and contractors will find the book a ready source of answers when they have a question and a guide to what to do in various circumstances

Subjects:
Construction Law
Contents:
Preface to the Fifth Edition
Chapter 1 Introduction
1.1 Some general things about contracts
1.2 Some background to MW and MWD
1.3 When to use MW and MWD
1.4 How to use
1.5 What is the contract?
1.6 How to complete the contract form
1.7 Priority of documents
1.8 Inconsistencies and divergences
1.9 Custody and copies
1.10 Limits to use
1.11 Notices, time and the law
1.12 Common problems
Chapter 2 Some basics
2.1 Works
2.2 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
Chapter 3 Things you must know
3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended)
3.2 Express and implied terms 
3.3 Limitation periods 
3.4 Letters of intent 
3.5 Quantum meruit
3.6 Common problems
Chapter 4 Architect’s powers and duties
4.1 Authority and duties
4.2 Duty to act fairly
4.3 An architect in local authority or similar
4.4 Express provisions of the contract
4.5 Common problems
Chapter 5 Contractor’s powers and duties
5.1 Contractor’s obligations: express and implied
5.2 Basic principles
5.3 Carrying out the works
5.4 Workmanship and materials
5.5 Statutory obligations
5.6 Contractor’s representative
5.7 Compliance with architect’s instructions
5.8 Suspension of obligations
5.9 Common problems
Chapter 6 Employer’s powers and duties
6.1 Powers and duties: in the contract and elsewhere
6.2 Rights under MW and MWD
6.3 Other rights
6.4 Duties under MW and MWD
6.5 Retention
6.6 Other duties
6.7 Common problems
Chapter 7 Quantity Surveyor
7.1 Appointment
7.2 Duties
7.3 Responsibilities
7.4 Common problems
Chapter 8 Clerk of Works
8.1 Appointment
8.2 Duties
8.3 Responsibilities
8.4 Common problems
Chapter 9 Sub-contractors and Suppliers
9.1 General
9.2 Differences between assignment and sub-contracting
9.3 Assignment
9.4 Subcontracting
9.5 Nominated subcontractors
9.6 Common problems
Chapter 10 Statutory matters and work outside the contract
10.1 Statutory authorities
10.2 Works not forming part of the contract
10.3 Common problems
Chapter 11 Insurance
11.1 Important
11.2 Injury to or death of persons
11.3 Damage to property
11.4 Evidence of insurance
11.5 Loss or damage
11.6 Common problems
Chapter 12 Possession of the site
12.1 Important points
12.2 Date for possession
12.3 Failure to give possession
12.4 Common problems
Chapter 13 Extension of time
13.1 Why necessary?
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
Chapter 14 Liquidated damages
14.1 What are liquidated damages?
14.2 Liquidated damage or penalty?
14.3 Procedure
14.4 Common problems
Chapter 15 Financial claims
15.1 General
15.2 Dealing with loss and/or expense
15.3 Types of claims
15.4 Common problems
Chapter 16 Architect’s Instructions
16.1  Architect’s instructions
16.2 Contractor’s objection
16.3 Specific instructions
16.4 Other instructions which will be empowered
16.5 Common problems
Chapter 17 Variations
17.1 Variations
17.2 Valuation
17.3 Provisional sums
17.4 Common problems
Chapter 18 Payment
18.1 Important to read this first
18.2 Contract Sum
18.3 Interim certificates
18.4 Final certificate
18.5 Effect of certificate
18.6 Failure to pay
18.7 Retention
18.8 Common problems
Chapter 19 Practical Completion
19.1 Practical completion
19.2 The contract says
19.3 Consequences of practical completion
19.4 Common problems
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
20.6 Making good
20.7 Certificate of making good
20.8 Common problems
Chapter 21 Termination
21.1 Preliminary thoughts
21.2 If no termination in the contract
21.3 Termination by the employer
21.4 Consequences of employer termination
21.5 Termination by the contractor
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
Chapter 22 Contractor?s Designed Portion (CDP)
22.1 Principles
22.2 Contractor’s obligations
22.3 Inconsistencies and divergences
22.4 Variations
22.5 Other matters
22.7 Common problems
Chapter 23 Dispute Resolution Procedures
23.1 General
23.2 Choice
23.3 The Construction Act 1996
23.4 Adjudication in general
23.5 Pros and cons
23.6 Adjudication in detail
23.7 Arbitration
23.8 Legal proceedings (litigation)
23.9 Mediation
23.10 Common problems
Notes and references
Table of Cases
Clause Number Index to Text
Subject Index