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Book Description

This latest title from the author provides comprehensive guidance to RIBA's two updated building contracts: the RIBA Domestic Building Contract 2018 and the RIBA Concise Building Contract 2018.

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 has been expanded with increased assistance on choice of form, tendering and contract formation. Additional detail on role and liabilities of contract administrator has been added, along with a new section on practical completion and completion, including certification. Assuming no current knowledge of the law or contract administration, this acts as a standalone guide for new users of the RIBA contracts, as well as a valuable update for previous users. It is an ideal companion for anybody using the latest building contracts.

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
    4. Use by domestic and commercial clients
    5. Use by public bodies
    6. Changes to the forms since the previous editions
    7. Comparison with other contracts
  9. 2 Forming the contract
    1. Tendering
      1. Implications of the Consumer Rights Act 2015
      2. Tendering procedures
      3. Information that must be included in tender documents
    2. Pre-contract negotiations
    3. Preparing and executing the contract package
    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 client
      1. Client acting as contract administrator
    3. Role of the contractor
      1. Completing the works
      2. Contractor’s design obligation
      3. Contractor’s design liability
      4. Contractor’s obligations in respect of subcontracted work
      5. Compliance with statute/health and safety legislation
    4. Management systems
      1. Pre-start meeting
      2. Progress meetings
      3. Risk 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. Contractor’s representative
      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
  13. 6 Payment and certification
    1. The contract price
      1. Adjustments to the contract price
    2. Certification and payment
      1. Advanced payment
      2. Interim payments – monthly certification
      3. Interim payments – milestone payments
      4. Interim payments – payment on practical completion
      5. Payment of interim payments
      6. Contractor’s remedy if no certificate issued
      7. Contractor’s remedies if certificate not paid
  14. 7 Practical completion, completion and post-completion
    1. Practical completion
      1. Consequences of practical completion
      2. Use/occupation before practical completion
      3. Non-completion
    2. The defects fixing period
    3. Payments following practical completion
    4. Final contract price and payment
    5. Conclusiveness
  15. 8 Insurance
    1. Liability
    2. Indemnity
    3. Insurance
      1. Professional indemnity insurance
  16. 9 Termination
    1. Termination by the client
      1. Abandoning the works
      2. Failing to proceed regularly and diligently
      3. Failing to comply with instructions
      4. Material breach of contract
    2. Procedure for terminating
    3. Termination by the contractor
      1. Material breach of contract
    4. Termination by either party
      1. Insolvency or bankruptcy
      2. Frustration
    5. Consequences of termination
      1. Payment
      2. Access to the site and security
  17. 10 Dispute handling and resolution
    1. Mediation
    2. Adjudication
      1. The adjudication process
      2. Challenging an adjudicator’s decision
    3. Arbitration
  18. Appendix 1
    1. Key legislation that impacts on construction contracts
      1. Exemption clauses
      2. Other consumer legislation
  19. References
  20. Further Reading
  21. Clause Index
  22. Subject Index
3.85.167.119