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Guide to JCT Design and Build Contract 2016

Author Sarah Lupton
Release Date: 2019/08/01
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Book Description

Guide to JCT Design and Build Contract 2016, the new edition of the author's ever popular Guide to DB11, is a practical guide to the operation and administration of the JCT Design & Build Building Contract suite 2016. All of the contract's provisions, procedures and conditions are organised and explained by subject, clearly distinguishing the different obligations due to various parties and the contractual issues arising during the course of a job - all backed up by the latest legislation and case law.

Not only is this an indispensable reference for the hard-pressed practitioner, but, assuming no prior knowledge of JCT contracts or the law, it is also ideal for architecture and other construction students on the threshold of undertaking their professional exams.

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Foreword
  5. About the author
  6. Contents
  7. About this Guide
  8. 1 Introduction to design and build procurement
    1. The architect's role
      1. Novation
      2. Consultant switch
    2. Some general principles of design liability
  9. 2 About DB16
    1. Key features
    2. Deciding on DB16
    3. Comparison with SBC16
    4. Changes in the 2016 edition
  10. 3 Documents
    1. Employer's requirements
    2. Contractor's proposals
    3. Contract sum analysis
    4. BIM and other protocols
    5. Health and safety documents
    6. Bonds
    7. Sub-contract documents
      1. Domestic sub-contracts
    8. Use of documents
      1. Interpretation, definitions
      2. Priority of contract documents
      3. Discrepancies and errors
      4. Employer's requirements and contractor's proposals
      5. Divergences from statutory requirements
    9. Custody and control of documents
    10. Performance bonds and guarantees
    11. Assignment and third party rights
      1. Assignment
      2. Third party rights/warranties
      3. Procedure with respect to third party rights and warranties
  11. 4 Obligations of the contractor
    1. The design obligation
    2. Standards and quality
    3. Obligations in respect of quality of sub-contracted work
    4. Compliance with statute
    5. Health and safety legislation
  12. 5 Possession and completion
    1. Possession by the contractor
    2. Progress
    3. Completion
    4. Pre-agreed adjustment
    5. Extensions of time
      1. Principle
      2. Procedure
      3. Assessment
    6. Partial possession
    7. Use or occupation before practical completion
    8. Practical completion
      1. Procedure at practical completion
    9. Failure to complete by the completion date
    10. Liquidated and ascertained damages
  13. 6 Control of the works
    1. Employer's agent
    2. Site manager and contractor's persons
    3. Principal contractor
    4. Principal designer
    5. Employer's obligations
    6. Information to be provided by the contractor
    7. Design submission procedure
      1. Schedule 1 procedure
    8. Employer's instructions
    9. Changes
    10. Goods, materials and workmanship
      1. Defective work
    11. Sub-contracted work
    12. Named sub-contractors
    13. Work not forming part of the contract/persons engaged by the employer
    14. Making good defects
  14. 7 Sums properly due
    1. Valuation of changes in the employer's requirements and provisional sum work
    2. Supplemental Provision 2: contractor's estimates
    3. Cost saving and value improvement
    4. Valuation under the valuation rules
      1. Measurable work - contract sum analysis
      2. Daywork - fair valuation
    5. Reimbursement of direct loss and/or expense
      1. Alternative procedure using Supplemental Provision 2 estimate
      2. Alternative procedure using Supplemental Provision 3 estimate
    6. Matters for which loss and expense can be claimed
    7. Fluctuations
  15. 8 Payment
    1. Timing of payments
    2. Ascertainment of amounts due
    3. Value of work
    4. Unfixed materials
    5. ‘Listed items'
    6. Costs and expenses due to suspension
    7. Other items in the gross valuation
    8. Deductions from the gross valuation
      1. Withheld percentage
      2. Advance payments and bond
    9. Payment procedure
    10. Deductions
    11. Employer's obligation to pay
    12. Contractor's position if the amount applied for is not paid
    13. Interim payment after practical completion
    14. Final payment
    15. Conclusive effect of final statement
  16. 9 Indemnity and insurance
    1. Injury to persons and damage to property caused by the negligence of the contractor
    2. Damage to property not caused by the negligence of the contractor
    3. Insurance of the works
    4. Action following damage to the works
    5. Terrorism cover
    6. Professional indemnity insurance
    7. Joint Fire Code
    8. Other insurance
  17. 10 Default and termination
    1. Repudiation or termination
    2. Termination by the employer
    3. Insolvency of the contractor
    4. Consequences of termination by the employer
    5. Termination by the contractor
    6. Consequences of termination by the contractor
    7. Termination by either the employer or the contractor
    8. Termination of named sub-contractor's employment
  18. 11 Dispute resolution
    1. Notification and negotiation
    2. Mediation
    3. Adjudication
    4. Arbitration
    5. Arbitration and adjudication
    6. Arbitration or litigation
  19. References
    1. Publications
    2. Cases
    3. Legislation
  20. Clause Index
  21. Subject Index
18.117.70.132