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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: £59.95



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The JCT Minor Works Building Contracts 2016 offers a concise overview of this agreement, which continues to be the most popular JCT contract, as it used on the sorts of small works that most architects and builders encounter routinely. Written in straightforward terms, the book is formatted in short chapters with accessible sub-headings, and the author avoids legal and pseudo-legal wording where possible. Some explanations from first principles are included where it is thought they would be helpful and occasionally, where the precise legal position is unclear, the author uses his significant experience to offer a view. Overall, the information is presented in a manner that it is easy to understand, use and reference.

The 2016 edition of the contract contains a great many changes from previous editions and these are all covered. For example, the book includes information about the substantially revised payment provisions, changes to those parts dealing with insurance, variation instructions, the CDM Regulations, Supplemental Provisions, definitions, and the Contractor's Designed Portion. In summary, this fifth edition has been comprehensively revised and updated to:

  • Ensure the discussion is easy to comprehend and use by busy architects and contractors
  • Include a Include a number of tables and flowcharts to assist in understanding the way the contract operates
  • Include several letter templates that can be used in common situations
  • Provide answers to the sorts of problems that commonly arise in the course of a building project

The new edition of this classic book on The JCT Minor Works Building Contracts will be an ideal tool for busy architects and contractors who need to find what to do when problems arise on projects using this contract.

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