Cover image for Guide to JCT Intermediate Building Contract 2016

Guide to JCT Intermediate Building Contract 2016

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

Guide to JCT Intermediate Building Contract 2016 is a practical guide to the operation and administration of JCTs IC16 suite of building contracts including both IC and ICD. All of the contracts 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.

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Foreword
  5. About the author
  6. Contents
  7. About this Guide
  8. 1 About IC16
    1. Key features
    2. Deciding on IC16
    3. Changes in the 2016 edition
  9. 2 Documents
    1. Contract documents
      1. Contract drawings
      2. The priced document
      3. Activity schedule
      4. Employer’s requirements (ICD16 only)
      5. Contractor’s proposals (ICD16 only)
      6. CDP analysis (ICD16 only)
      7. BIM and other protocols
      8. Information release schedule
    2. Health and safety documents
    3. Bonds
    4. Domestic sub-contracts
    5. Named sub-contractors
    6. Use of documents
      1. Interpretation, definitions, communications
      2. Priority of contract documents
      3. Errors in the contract bills
      4. Inconsistencies, errors or omissions
      5. Effect of instructions to correct errors, etc.
      6. CDP documents
      7. Divergences from statutory requirements
      8. Custody and control of documents
    7. Assignment and third party rights
      1. Assignment
      2. Third party rights/warranties
      3. Warranties
      4. Procedure with respect to warranties
  10. 3 Obligations of the contractor
    1. The works
    2. Contractor’s design obligation
      1. Extent of design liability
      2. The level of design liability
    3. Materials, goods and workmanship
    4. Obligations in respect of quality of sub-contracted work
    5. Compliance with statute
    6. Health and safety legislation
  11. 4 Possession and completion
    1. Possession by the contractor
    2. Progress
    3. Completion
    4. Extensions of time
      1. Principle
      2. Procedure
      3. Assessment
    5. Partial possession
    6. Use or occupation before practical completion
    7. Practical completion
    8. Procedure at practical completion
    9. Failure to complete by the completion date
    10. Liquidated damages
  12. 5 Control of the works
    1. Person-in-charge
    2. Employer’s role
    3. Clerk of works
    4. Principal contractor
    5. Information to be provided by the contract administrator
    6. Information to be provided by the contractor
    7. Schedule 6 procedure
    8. Information to be provided by the named sub-contractor
    9. Contract administrator’s instructions
      1. Variations
      2. Variations to the contractor’s designed portion
    10. Goods, materials and workmanship
    11. Defective work
    12. Non-compliance with clause 2.1
    13. Sub-contracted work
      1. Domestic sub-contractors
      2. Named sub-contractors
    14. Work not forming part of the contract/persons engaged by the employer
    15. Making good defects
  13. 6 Sums properly due
    1. An approximate quantity
    2. Provisional sums
      1. Defined work
      2. Undefined work
    3. Valuation of variations
    4. Reimbursement of direct loss and/or expense
    5. Fluctuations
  14. 7 Certification
    1. Advance payment
    2. Interim certificates - timing
    3. Valuations and ascertainment of amounts due
    4. Coverage of the certificate
      1. Value of work properly executed
      2. Unfixed materials
      3. 'Listed Items’
      4. Costs and expenses due to suspension
    5. Sum due
      1. Retention
      2. Advance payments and bonds
      3. VAT
    6. Payment procedure
      1. Payment when no certificate is issued
    7. Deductions using a pay less notice
    8. Contractor’s position if the certificate is not paid
    9. Contractor’s position if it disagrees with amount certified
    10. Interim payment following practical completion
    11. Final certificate
    12. Payment when no final certificate is issued
    13. Conclusive effect of final certificate
  15. 8 Indemnity and insurance
    1. Injury to persons and damage to property
    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. The Joint Fire Code
    8. Other insurance
    9. The contract administrator’s role in insurance
  16. 9 Default and termination
    1. Repudiation or termination
    2. Termination by the employer
      1. Specified defaults
      2. Insolvency of the contractor
      3. Consequences of termination
    3. Termination by the contractor
      1. Consequences of termination by the contractor
    4. Termination by either the employer or the contractor
    5. Termination of the employment of a named sub-contractor
  17. 10 Dispute resolution
    1. Negotiation
    2. Alternative dispute resolution
    3. Adjudication
    4. Arbitration
    5. Arbitration and adjudication
    6. Arbitration or litigation
  18. Appendix A: Specimen activity schedule
  19. References
    1. Publications
    2. Cases
    3. Legislation
  20. Clause Index
  21. Subject Index
18.119.107.161