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Book Description

This latest title from Sarah Lupton, best-selling author of construction contract guides, provides comprehensive guidance to the RIBA’s two new building contracts: the RIBA Domestic Building Contract 2014 and the RIBA Concise Building Contract 2014.

Introducing the contracts’ features and benefits and covering all aspects of their use, from choosing and forming the right one for your project to guiding the parties through all its various stages, the Guide serves as the definitive introduction and an invaluable desktop reference for the busy contract administrator. Written in plain English to complement the RIBA Building Contracts themselves, the Guide assumes no prior knowledge of construction law or contracts; it is therefore also the ideal reference book for construction students on the threshold of undertaking their professional examinations.

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Foreword
  5. About the Author
  6. Contents
  7. About this Guide
  8. 1 Introduction
    1. Features of the RIBA Building Contracts
    2. Suitability for different procurement routes
    3. Differences between the concise and domestic contracts
      1. Compliance with the Housing Grants, Construction and Regeneration Act 1996 (as amended)
      2. Other differences between the contracts
    4. Use of CBC by a ‘consumer’
    5. Comparison with other contracts
  9. 2 Forming the contract
    1. Tendering
      1. Tendering procedures
      2. Information that must be included in tender documents
    2. Pre-contract negotiations
    3. Executing the contract
    4. Interpreting the contract and resolving inconsistencies
      1. Definitions
      2. Priority of contract documents
      3. Inconsistencies, errors or omissions
  10. 3 Roles and management systems
    1. Role of the contract administrator
    2. Role of the contractor
      1. Completing the works
      2. Contractor’s design obligation
      3. Contractor’s obligations in respect of subcontracted work
      4. Compliance with statute/health and safety legislation
    3. Role of the client
      1. Customer acting as contract administrator
    4. Management systems
      1. Pre-start meeting
      2. Progress meetings (CBC)
      3. Risks register
  11. 4 Project progress
    1. The site: possession
    2. Starting the work
    3. Completion in sections
    4. The contractor’s programme
      1. Content of programme
    5. Progress
      1. Updated programmes
    6. Finishing the work
    7. Delay
      1. Revisions to the contract completion date
      2. Applying for a revision of time
      3. Assessment of an application
      4. Final assessment of revisions of time
  12. 5 Control of the works
    1. Control of day-to-day activities
      1. ‘Person-in-charge’
      2. Responsibility for subcontractors
    2. Principal designer
    3. Flow of information
      1. Information to be provided by the contract administrator
      2. Information to be provided by the contractor
    4. Inspection and tests
      1. Inspection
      2. Testing and defective work
    5. Contractor administrator’s instructions
      1. Delivery of instructions
      2. Procedure following an instruction
    6. Practical completion
      1. Consequences of practical completion
      2. Use/occupation before practical completion
      3. Non-completion
    7. The defects fixing period
  13. 6 Payment and certification
    1. The contract price
      1. Adjustments to the contract price
    2. Certification and payment – concise contract
      1. Advanced payment
      2. Interim payments – monthly certification
      3. Interim payments – payment on practical completion
      4. Interim payments – milestone payments
      5. Payment of interim payments
      6. Final contract price and payment
    3. Certification and payment – DBC
      1. Interim payments – monthly certification
      2. Interim payments – milestone payments
      3. Payment of interim payments
      4. Payments following practical completion
      5. Final contract price and payment
    4. Conclusiveness
    5. Non-payment and non-certification
      1. Contractor’s remedy if no certificate issued
      2. Contractor’s remedy if payment not made
  14. 7 Insurance
    1. Liability
    2. Indemnity
    3. Insurance
      1. Professional indemnity insurance
  15. 8 Termination
    1. Termination by the client
      1. Abandoning the works
      2. Failing to proceed regularly and diligently
      3. Consistently failing to comply with instructions
      4. Material breach of contract
    2. Termination by the contractor
      1. Failure to pay the contractor when payment is due
      2. Material breach of contract
    3. Termination by either party
      1. Insolvency or bankruptcy
      2. Frustration
    4. Procedure for terminating
    5. Consequences of termination
      1. Payment
      2. Access to the site and security
  16. 9 Dispute handling and resolution
    1. Mediation
    2. Adjudication
      1. The adjudication process
      2. Challenging an adjudicator’s decision
    3. Arbitration
  17. References
  18. Further Reading
  19. Clause index
  20. Subject index
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