The JCT Minor Works Building Contracts 2016

The revised and updated edition of this classic book on the JCT Minor Works Building Contracts

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.

Autorentext

About the Author David Chappell BA (Hons Arch) MA(Arch) MA(Law) PhD RIBA is an architect who has worked in both the public and private sectors, as well as in contract administration and as a lecturer in construction law and contracts procedure. He was Professor of Architectural Practice and Management Research at The Queens University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. Since 1989, he has practiced as a contracts consultant and adjudicator, both for a large consultancy and for the last twenty-three years as director of his own consultancy. He is an experienced adjudicator and the author of many books for the construction industry.

Inhalt
Preface to the fifth edition x

Abbreviations xii

1 Introduction 1

1.1 Some general things about contracts 1

1.2 Some background to MW and MWD 4

1.3 When to use MW and MWD 5

1.4 How to use 7

1.5 What is the contract? 9

1.6 How to complete the contract form 10

1.7 Priority of documents 16

1.8 Inconsistencies and divergences 16

1.9 Custody and copies 19

1.10 Limits to use 20

1.11 Notices, time and the law 20

1.12 Common problems 21

2 Some basics 24

2.1 Works 24

2.2 Drawings 24

2.3 Copyright 25

2.4 Specification 25

2.5 Schedules 25

2.6 Privity of contract and third party rights 26

2.7 Base date 26

2.8 Common problems 26

3 Things you must know 29

3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended) 29

3.2 Express and implied terms 31

3.3 Limitation periods 32

3.4 Letters of intent 34

3.5 Quantum meruit 35

3.6 Common problems 36

4 Architect's powers and duties 37

4.1 Authority and duties 37

4.2 Duty to act fairly 43

4.3 An architect in a local authority or similar 44

4.4 Express provisions of the contract 45

4.5 Common problems 50

5 Contractor's powers and duties 51

5.1 Contractor's obligations: express and implied 51

5.2 Basic principles 51

5.3 Carrying out the Works 59

5.4 Workmanship and materials 61

5.5 Statutory obligations 63

5.6 Contractor's representative 63

5.7 Compliance with architect's instructions 64

5.8 Suspension of obligations 64

5.9 Common problems 65

6 Employer's powers and duties 67

6.1 Powers and duties: in the contract and elsewhere 67

6.2 Rights under MW and MWD 72

6.3 Other rights 73

6.4 Duties under MW and MWD 73

6.5 Retention 76

6.6 Other duties 76

6.7 Common problems 77

7 Quantity surveyor 78

7.1 Appointment 78

7.2 Duties 79

7.3 Responsibilities 81

7.4 Common problems 82

8 Clerk of works 85

8.1 Appointment 85

8.2 Duties 87

8.3 Responsibilities 90

8.4 Common problems 90

9 Sub?]contractors and suppliers 92

9.1 General 92

9.2 Differences between assignment and sub?]contracting 92

9.3 Assignment 92

9.4 Sub?]contracting 93

9.5 Nominated subcontractors 94

9.6 Common problems 96

10 Statutory matters and work outside the contract 98

10.1 Statutory authorities 98

10.2 Works not forming part of the contract 100

10.3 Common problems 101

11 Insurance 103

11.1 Important 103

11.2 Injury to or death of persons 104

11.3 Damage to property 105

11.4 Insurance of the Works 106

11.5 Evidence of insurance 108

11.6 Loss or damage 109

11.7 Common problems 110

12 Possession of the site 111

12.1 Important points 111

12.2 Date for possession 112

12.3 Failure to give possession 112

12.4 Common problems 114

13 Extension of time 116

13.1 Why necessary? 116

13.2 Extension of time 117

13.3 Reasons 119

13.4 Failure to notify delay 120

13.5 Does an extension of time entitle the contractor to any money? 121

13.6 Common problems 121

14 Liquidated damages 123

14.1 What are liquidated damages? 123 14.2 ...