Professional Documents
Culture Documents
Publishing
Which Contract?
f `I
vi H
riginal
Fourth Edition
RIBA
Publishing
3
85946 237 9
61L
Lu pto
,
Desig
in
is
PO
avails
Data
e
from
Briti
Libra
ss
Commissioning Edit
Project Editor: Anna
T,Kompso
Millbank
omplet
cati
boo
revi s
pd by s
003.
le
F
ComW
Editi
Fou
ents iri
rms of
riting:
hile
ake the
ould Iwa
,,missta ements made in
madet
hecks.
i
Contents
Foreword
age 7
Introduction
15
Establishing
Which procurement me
31
53
Which contract fo
61
Traditional procu
JCT
contract prgfil
truc on Contr
uil
GC/Works/ With
NEC Eng
st-Andard
Major Project Co
JCT Standard
23
ntrac
16
67
69
005
83
antitie
eering
96
Contract T
Traditiona
117
ilding
JCT
119
racts 2
JU
Reoal
107
andlMaAenanc
ontra
`t
130
139
143
153
159
:C Engineering
LI
162
Aareerrientfor
168
ontra
s
172
of Con
179
185
JCT
187
JCT
194
JCT
Home Owner/Occupier
200
Contents continued
enera
tities 2005
ICE
JCT
i~tion
13
itio`(200
227
237
tract
itiori
239
249
251
12 Management pr
JCT
urem
Works Contract
Standard Fo
JCT
JCT
nd 2 and 3
Contt
265
273
(1
(1999)
Des
of M
Standard For
ion (2001)
11
of Prime Cost
221
273
emertrrorms
279
ntr1998
281
998
trac
292
greeMent C/
JCT Trad
297
307
13 Partn
Framewo
partneringreements
313
A)
315
315
Fra
Par:`nering Option
dard Fo
rfi
318
321
335
347
349
Foreword
formsth
developments and
chronology of
989. Since
uge growth
15 contracts,
ed to cover the
lished at the time of
opular ones are all
er publishing bodies,
by Stanley Cox and Hugh
ers has been retained, as it
Sarah Lupt
nal
Introduction
f standard
of invention,
first 'Heads of
BA with the London
tions of Contract in
ifty years, there was
his document has been
ew editions, its current
ndard Building Contract,
the Institut
for use on a r
Engineer u
andard form, the first available
measure men basil' The first edition of Keating on
rence to b( h the ICE and the JCT Conditions of
ad e r
the e
r Hu on's Building and Civil Engineering
legal corn entary on the interpretation of these
In 1945
t on
f-1
Constructio Contr'
Contract
d, to
provi
Contrac
forms.
ecb
follo
stry,
ng th
u
ing fro
,--r
in-
in
fl,
es
L(1
((DD
,-4.
l0_
This upw
curv is reflected in the activity of other publishing organisations.
ng the p blic tion of its first edition of the Conditions of Contract in 1945, the
ICE wen on
publi a further three forms, including the New Engineering Contract
in 199 . FIDIC pu ished its first form in the 1950s, the Government published
GC/Works/1
3, and the ACA first published its form in 1982. The first edition
of Which Contract? in 1989 covered around X forms of contract.
The Latham Report (Constructing the Team, by Sir Michael Latham, HMSO (1994)) has
had a considerable effect on contract forms and procedures. This was a wide ranging
look at the industry as it then existed. It recommended better project strategy, more
-+,
Introduction
-'
.-+
fficiy.
l l
vii
-*,
.-t
These
0QrCo
fl,
Oe five y rs N tween 999 and 2004 the 1CT published a further five new
near
o m s of u ntrac Three of these (the two contracts for Home
0 ner/ ccu r, an
for Repairs and Maintenance) took account of
e ontra
con simer protection legi ati
d were a response to the boom in the home
impro
ent mar
ey
e in nded for domestic work only. In addition the JCT
published a on- indin q Par nering Charter for a Single Project, and the suite of
documents for u
tion management procurement.
0rl-
.-+
.-+
fl,
fl,
.-+
fl,
st
fl,
,-+
In
fl,
ova
fl,
,-,..-+
The most recent revision to the JCT suite of forms took place in 2005. Most of the
10
Introduction
tether
Figure
uildi
ndar'
evrk a
ract
w
e
is'hA
ent
Advisor
ph
.1
t of stand
Chronology of dev
Dates show:
first pu
icati,on
ions
of in
first
ound
34
870
09
1931
1939
1945
1955
1963
1967
1968
tit
of Ci
ks
itutes
and rep
Engi eers
itish Ar itects
ute o
ads
Co itions of B ilders' Contract
RI A wit the Lo
on
ilders' Society
udson' Building a
Civil Engineering Contracts
RIBA/ BA Form of Contract
A / LB Form of Contract
r tives contracts with and without quantities included
RI=,o itio of Contract
tra s Tribunal
RIB Sta dard Form of Contract
Stan and Form of Contract
ICE Con itions of Contract
on Building Contracts
JCT Standard Form of Building Contract 1963 edition
Two versions, private and local authority, each with alternative editions for
use with or without bills of quantities
JCT Prime Cost Contract
JCT Agreement for Minor Building Works
Roya
ns
r+..
18 8
forms-(r luding
11
Introduction
1973
GC/Works/1
uildiw co
1981
1981
1982
1987
1988
1989
1989
1989
;::
Dog
Approximate Quantitie
.-f
1973
1979
1980
Association of Con
Utant ArE
itect
Amalgamation o the F
I
Construction Surv ors I stitute
1990
GC/Works/2
1991
Reading Co tr
oru
Private Fin ce In'
introd
Emphosi on red
blic seMTor borro
ICE De gn and ons u(
rtions of Co
1992
1992
1993
1993
1994
built
to
(governm t dec
G
sign and
first edi
onstrung th
it Mi aelIT tho
,sting
earn
-6
V)+
Construc on Forum
best practice guide to partnering
try Board (CIB)
over
ent, mainly concerned with the implementation of
ecomm
ions in e Latham Report and the Egon Report, ceased
to exist in June
i initiatives now mostly run by the Government
^ag
throughhe-IC
1995
1996
1996
1997
1997
12
sec
ition
Housin Grants, Co
Partne
in the
CIB
Election of Tony Blair
PFI emphasis shifted to 'value for money'
Lean Construction Institute
Introduction
1998
1998
1998
formed
standard forms
Revised to comply with H CR
Rethinking Construction
Government sponsore revs
identified five drivers or
ng
which was partneri the supp
Movement for Innov 'on (NN
le
Established to ve e i
JCT
=ti
1998
JCT Ltd
1998
recom
indu
amour
in
of
recommendoti
1998
Construction Best
Working a
learnt fr
1999
1999
CPB
ons ation roject
t for Ho
Owne
ence launch(
JCf Buil
Achievin
Govemme
lent,
Guid
CIC, c
ctice
ted
tain.
editio 20 2
del P oject
win
P.
fishes
Aril
I I key performance indicators)
Health
tinge of initiatives to improve the NHS's planning, procurement,
of its estate
NH
Introd
NI
2000
2000
es
Introduction
2001
2001
+''
2001
2002
2002
+,+
LL.
tap
2002
2002
2002
RIBA
2003
oundation
Working Group 2
+.,
2003
2003
2004
Be (Collaborating for
Reading Constructn Forum erg with
sign uil
Be Collaborative c ntracta ing Con
uctio
oru
JCT Major Projects
Constructing xcell
iii
Includes: R
Foun tion, Construction Best Practice
esikq, Bui
Programm Mli, e
sing
ethin ng Construction, Be, LGTF
Construc
NEC3
ORice of vernrravft Com erce recor sends the use of NEC3 by public
,
2005
sect
JCT)Cons
by Constructing Excellence
fiction` ,:ccellence Contract (forthcoming)
2005
2005
2006
20W
14
network of
construction
--K
ese relationships
ateral (ie with two
n-0
Often 'chains' of
ervice-provider-main
't-sub-contractor, subcoined to describe this
pN
cha
pa-1em is o
en mo
ally b
en there will
into sever-ar
It is important
V),
contractor-supplier.
relationship, but in r
In any given project
with each individual
odern
rmed
ArcWii
ries of
rac
rocur
.^-+
in complex
and
r)'
hori
S'^
Although different
15
il ls
Vage
re
provid
alv
they/(night
l/)
nse th
mmis r
itial on
au,
to
eventually becoming part of the contracto '
o ssi
gladly rise to the challenge of an entre re
le
eve
suited to a construction management r le. But wh
services need to be covered by an ap,r op to c tracf
I
`-
0-0
ti
rte,
,-+
vii
ti-
'-'
time of
ting.
-+,
`+-
C3)
o.-,
?gin
+-C
uilding
ate.
Building construction -to-day often entails complex and intensive site operations, with
huge sums of money locked into development programmes. Contractors may have
partial or total design responsibilities, and in addition may undertake demanding
management and coordinating roles; patterns of working have never been so diverse.
As outlined in the introduction, this change of emphasis, together with the
C3)
16
se dried.
orm of tuildin
ern
ttoa
(<D
fl,
rto a pros
ritati
fl,
(CD
3'<
(<D
rt recom
bst of t
Iter tt nsart
,-r
T e
F).
use
Non-standard a
ay
instances where no standard form of building contract fits the
ents and a specially drafted agreement is needed. There is an
.trend towa ds non-standard agreements on commercial or larger contracts.
should be entrusted to a lawyer with the appropriate specialist
knowledge, and he or she should always be engaged directly by the client. Architects
without legal training and experience in such matters are strongly advised not to
attempt even seemingly minor changes to standard wording or drafting of additional
clauses which might make published documents non-standard.
there
CI-
ui
17
era
Ulpt
ersta.Rd
th
ba
e
rule ,and
en
ith
Implies terms into contracts for the sale of goo regarding
ction
description, quality and fitness for purpo `aid s
amp
rse
and the
the
14 implies a term that where the seller ells go
to 41. elle
pa
purpose
buyer, expressly or by implication, mak kno
is a
for which the goods are being bou
e con iti
th the goods
rcu mstances
for t
urpose. I
supplied under the contract will be. reason
ed
b
in which these rights can be exclude are li
i
._-+
tracts
hire of goods, and
Applies to contracts for w rk and na erials,
contracts for services. Impl
term into contracts fo :work d materials' equivalent
hich the property has
in
to the SOG terms listed abo wit respect
service
ct implies terms regarding care
been transferred uncle, th
act.
consi
and skill, time of pe orma
7c-
t(
raises
Applies where wo
work, and st
a dwelling
workman
so
that
is ca
r+
out
person t
%to see
connect
ing o
e
wor
th
ffecf
has the
ilitv for
r+.
cludinaJi
18
.-+
r
Applies to terms in contracts between a s
Zten
services and a consumer, and where the ter
:onsum
(this would generally include all standarr
who, in making a contract, is acting or pur
which would include a home owner: n ' nfai
significant imbalance in the partiesi-sights t detri
e
ing
regulations state that any such t
ege-r
otidi
ct
uppr
i
ds and
tiated
dividua
is defies
person
business'
causes a
er, and the
mer.
dii
Iling
in the
h in the Act contain
Requires that all constructio con
stNe p
ts, th right to notice of the
certain provisions including e righ
non
end
t, and the right to take
amount to be paid, the right
ion. the parties fail to include
any dispute arising o of th e
n t r ttoa
to provide these rights (s.
these provisions in t eir con trac , the Abt,will
ntracts (England and Wales)
114) by means of he S em for Const ction
but does not apply to a
Regulations 1998.
e A t is of b r
ith
esidenti oc
construction c
i
CD)
Provides
r inter
commercia
of the
f
r
for late p
re
su
Secr eta
g rate.
deaZcy
e Con
be able to
inst a person who is a party to that contract. It is possible to
a third
rty rig is if a contract expressly agrees that a third party may
spec
that third party or where the contract purports to confer
The third party who is being given the right to enforce
a-benefit on the
her identified in the contract as a member of a class or
the contr+ust
rcula description. The contract may expressly exclude or limit liability.
a
out
never-
Directive, adopted in March 2004, into UK law, and cover the tendering and award
of public contracts. Strict rules now apply to frameworks agreements, for example,
they must not generally exceed a term of four years and the terms of any framework
must be determined at the outset.
19
fl'
n,3
,-+
fl,
fl'
r^+
0-a)
m-0
,-+
downloaded from th
ite.
/ w
case record
of an -&r hitect being successfully sued for
recommending a ontra whioh
iteQheld not to ave been appropriate. But the
range of availab
rms Nnc(easin and a
(particularly in the case of JCf
forms of contr.
d to be pu ished t,
eep them current and consistent. Just
keeping up to daf
n a taxing business. Also, there is
such
sometim
a disconc
the publication of authorised
amend
nts a
in? ucti
e, particularly by bodies in the p ublic
sector w
have sl ng in
Advising on the edition of a
form
d and vheth r
are to be incorporated extends
th
Archit
are in carrying out this duty and requires a thorough
k owledae
a rt.
((DD
timn
luencatters.
fl,
,C+
partents
orms o
ems can arise in co'
hich
nslat
(D
visi
a-*
.-f
a`)
`+-
20
contract for
Recommending
is
not something to
odic
d me
bot
res
he
own ircu
bf con
Dest ki
Oith performance
, for most present
rver prd
on the basis of a
a n
situations the cautious a ice m
enieh an a osphere of trust and
'handshake' agreement. Mil t cane
rstanding' that has not
to
ome
confidence is desirabl '
tp ple can have genuine but
and prop rly e cuted'
been fully document
f what
quite different uncle stand
Despite the Egan Report's state
measurement and bring reli n
ambi
rukpla
rmalZcuments
i
en o ce p ointed
difficu'
(19
e con
ue exis to e of
As architect Ronald G
Architectural
depends on
conside&ion t contrac
ntracts
iplica
ocu re
work starts.
ement exe
Recomme
If particul
e us
possible.
advice is taken.
recording
Before
21
22
Establishing a con
profile
Constructing Excelle
and careful though
urem
fact sh
((D
whe
(DO
so-O
unt
fl,
iE
t of
iaton needed.
r+'
lure
ges mig
rofile
fl'
re 2.1 isarr
in terms
of contrac
ncP
an
visu
propriate c
s. Even
Figure 2.1 in-d*&t6s the contract priorities for a project at the minimum capital cost
to be built in the shortest possible time. There must be reasonable certainty over cost
and timing, and all this combined with the desire for reasonable design quality from
the client's consultants!
Establishing
contract profile
we
QUALITY
24
C2
Certkty
C3
st val
T1
tI
pital expenditure
for
oney overall
T2
T3
Q1
Q2
Q3
`D-
TIME
ossible
/I
Establishing
contract profile
facto
building
until quite recently,
ubject
Des
h
e
oft
nefs
contracts. The repercussions are well kno
fail'
nguish
e
en
et, ometimes
to unrealistic cost constraints from the
s role has
os
The q ntityurve
between initial capital outlay and to
fina
vial
control
strin`nt
assumed greater importance becau
ave
seemed
s
contracts
man
throughout the project. To
ost tertai v. Desrtln and build or
attractive because they promise
rte.
let
on
usisvT',a
have
en
management contracts
no
sum, although the design Ofor motion '
wh
le
ri
s
ometim a`lte
Despite
the
con
tendering.
fl,
h(0
dr
minis
rice
hiftih
I
clarify so
the outs'
considerations, by addressing
the lead consultant might wish
to raise:
"set
li
Contract Su
e clien height
`ave
lirnite
fixed
enditure?
r"nal
Is
sour
the co-r9ract
ration
a
at the client has to rely heavily on some 'once and for all'
or other funding, and there may be conditions attached.
the tenderer expected to allow for any increases in labour and materials etc.
when pricing?
Comment: it may be in the interests of the client to forgo cost certainty and accept
Q. Is
25
Establishing
contract profile
Q.
Ft
oroi
ted
eans
Q. Does
kng
or ers -toich
lierse invited
edobe derri
'
implications.
Quality
No one really exp cts to
y a ofts
e for the pric of a family saloon, yet there
are clients who c venien o erlook the fac
s world you only get what you
pay for. It is essentia o agree what{ is meai by 'quality' both in respect of services
and the finis
dto d
at rr surable standards are to apply. For
example t
Might
to rais questions such as:
Q.
Are con
the degre
Co
m `rket-com
ercl
nd
have a
ce
hose
their bui
Q. Is
materials?
in an environmentally sensitive
spot suc
serva-uon ea, or perhaps subject to stringent planning permission
conditions. On t
d, the project might just be an envelope for some
retailing or indu 'trial proces
:
this a listed or
building where alterations or extensions will require
higher than average standards of craftsmanship?
Q. Is
26
O+,
rya
Comment: it may not be possible to establish how much work is likely to be entailed,
or to describe and measure it before opening up. Yet control by the client as work
proceeds is essential, and any body responsible for funding might impose conditions.
Establishing
contract profile
lit
-;'
-n'
to
y referred to in the
obkiq tion is
ied u e
andar forms of contract. Even
nsib
e design input, it might
esigns
bmi
to the client before work
or
ponce o an
ibility. ven
din ion ar
Q. Is
ly
?&icatio are
Q. Is
provisi
ce-free?
Tle
inable
aII
iii
an at
rpm
nap
ood com ercial e e for the client to provide for a constant site
motor th cont ctor' ontrol of quality?
cont t allow for this, and if so by what means will it be
ht
13e,
expected
:e thro
rel
song
.-+
ment:
speed are not obviously happy bedfellows. Where fast construction relies
of numerous prefabricated major components and systems, much will
whether manufacture has taken place under monitored and controlled
in order that specified performance can be guaranteed.
-o
Quality and
on the use
depend on
conditions,
27
Establishing
contract profile
`m
tyre-
candy affect t
e,
thlead
cd sulta`rat m
Q. Is
Q.
mpletion
ment: as
bo
liest Dessi e start,
a
they commen
Q.
to be an overriding objective?
lete by a certain
tch easonal trade for instance, or to be completed in time
is al eady programmed and immovable. In such a case a
etion date ght be needed despite the contractor pricing for the risk.
Q. Is
A-+
28
contract profile
('1
Establishing
tove
Q. Is
bass
oi'ing
29
enal
Which procureme
method?
It is generally accepted th
practised in this country. Th raditid
in theory design and constructi
ree
ethod
ti al app
curement currently
onv
(DD
ial
r+.
rece
,-r
-'
+-V
po rta n
led
been established'
realise
It is important to establish:
,_+
Coordination responsibility
3-l
+(O
fort
c
i^.
,-+
of Work
thod
fbe ad
d a d
vim,
,-r
The procurement
fl)
Plan
not possible or
option.
altho h there is the risk that
The questions of what
ocuments will be needed, will
is
inly practical
logical
RIBA in
fro
i,Q,nal
Itho gh similar work stages are still present, they are not so
r will normally be involved at design stage, to an extent
muc he is responsible for scheme design as opposed to
developing a design already produced by the client's consultants and embodied in the
client's requirements. Some of the work stages are arranged in a different sequence,
permitting parallel working or fast tracking to save time overall. The contractor will
normally continue detailed design during construction stages (see Figure 3.2).
Q-0
((DD
,O+
t.0
he contrac
Plan
32
of Work
is
le,
n cz
7b orati
beco
tw
allel vv6
traditionaleth
u..
+--
th
ons
ion,
d t
onsibili
contra
appointed for
--0
Procurement using
ere ,bight;
the contractor is
atter extends to all
and suppliers.
s to be engaged by the
in some cases the client will sele some
re-selected). In such cases
ed, n
contractor (variously r erred -t
ance, or the contractor's
the contractor may ake full res onsibiNY- for t
me way, in hich
e a collateral warranty between
responsibility may be limite
con ractor is usually chosen after
client and sub-contr ctor ill be esse
nd o uments
competitive to
ete information. However, the
r, eit
ugh negotiation or on the basis of
contractor ca be a
e d ea
partial or n 4ional
i
t sing
parallel'
oiigations. If th
erforma
vii
nts,
raditio
--c
contract.
Q-3
(-r
The contractor depends heavily upon the necessary information and instructions from
the architect being issued on time. There is a risk of claims if they are delayed.
33
qntit
/"DXesn
Pre
onstr
ion
Construction
AB
K
L
Consultan
Contractor
Key
Appraisal and strategic briefing work by consultants
Outline and detailed proposals by consultants
3 Final proposals and production information by consultants
1
34
ments and
contractor is
g out the work
fc,'r'total design and
ation based on a
AB
'o
XPre-nstru-
Desig
Construction
T__
K
L
Consultants
Contractor
Key
1
2
3
4
5
6
7
Appraisal an
tegic iefing work by consultants
Outline proposals/client's requirements
Detailed proposals by contractor
Tender action including contractor's proposals
Final proposals by contractor and specialists
Production information
Mobilisation by contractor
Construction to completion and after completion
35
T-0
-0O
,-+
,.+
+-I
r;,
fl,
,-f
E+-
collateral warranties.
Watchpoints
burnt
15.
trol
or
detai
road lin
ponsibilit
littl
oon
ation
Constru
proceed
opera
is
ects
is
on t h c
one of the
is
-certain of c st, even to the extent that, if required, responsibility for
investigating sit a-n-c Jb-soi conditions can be made entirely the contractor's. Any
significant chan s in the cli nt's requirements will affect the Contract Sum however,
and are likely to pro'
There
+.V
Often the client requires that the contractor appoints the client's consultants to develop
the design under a consultant switch agreement or by novation. If this is not the case,
it is always advisable to ask for information about who the contractor intends using as
designer. Adequate professional indemnity insurance should always be a requirement.
E
36
-.0
pTeparatTaQ OT t
req
hese a-be
oerly
?fovisio
-6'
r-r
,--t
that a/
rsentir'
le'
kiIIX)-4 carte
the
pon`sftkty o
rr
erve
that
contract
of
tion.
arrent mar
oth Ieconom
,
.-+
ider,
Id be
al
x-r
9-'
,-+
ent or rrepres tative oul be s ected with great care. He or she can
mber
the Jai
is organisatio a professional consultant, a project
r, dep
on t
ork, a clerk of works. The extent to
of th
tis e power, d to
for e client needs to be clearly established.
,-+
=+;
v,'
.3+
.-+
,-+
re are
ral v ian of managem nt procurement practised in this country, but
nt ontra is an
nage
onstru ion management are the two most common.
it
ana
ent
ntracts
lent usually starts by appointing consultants to
are ro ject dra tings and a project specification. The management contractor is
seec
by
roces f tender and interviews, and paid on the basis of the scheduled
e
e
sts an management fee.
es
T
td
,-r
Q-0
(.0
7c'
,-+
.-+
(1)
Where the management contractor's obligation is total where, that is, it accepts
responsibility for both design and construction
the arrangement is sometimes
referred to as 'Design, Manage, Construct'. It is usually featured as a contractor-led
37
t anno
quail weft
nde irect des
ain
ntr tor, t
how er, dem d 4
fl,
d ou
3rD
of a
a
'+'
v,'
0-0
is
there
anager
ponsible
contractors
anager is in
the greater risk.
Watchpoints
Management procurement methods
projects where early compl Lion i
This method of procur
There is unlikely to be
on site, and the d `ision
t s go
estimate on proje
atiork
infor
best
able.
a e
ds upon
cont
ead
ally
ited
ig
t pri
as
t
f confidence and trust.
before the work actually starts
to be taken on the basis of an
anag"e
It is essenti
stage, s
edit and
throug
onst
experti
tion per)
care
-+,
CD-
work
left to proceed in parallel with the site
ackages, thus reducing the time needed before the project
atdeal of detailed design will need to be left to specialist
'ration's
arts on sit
b-c
abor ve work.
Although the project proceeds on the basis of a contract cost plan only, effective cost
control is still possible with the help of an independent quantity surveyor.
38
O..
le, co
nce
rien
-+0
the` e
fl,
ay la
FtRq
th
nt. Be
+'O
itise
eri
ess
le vvork-
a s
ex
re lik
It
Above all,
Wor*,,stage's
Pre
ign
age
re-construction
esign
Construction
CD
EF
EFG
EFG
K
L
Consultants/Managing Contractor
39
Key
1
4
5
6
7
8
Contractual relationships
The pattern of contractual and func fta
tionss shifts or
cording to
11
traditiori
(lateral
eem
arranty
Collateral
-aqreemen
Contract for
ant
services
nt
cted
sub-contractors
uilding
co
Client selected
suppliers
act
Consult
tractor.
Domestic
sub-contractors
suppliers
the traditional approach, the client is in direct contractual relationship with the
consultants on the one hand and the contractor on the other. Any contractual links
In
40
actor
question. The consultants have no contract
link th
t,
e Architect
or another consultant may be named
the
ildi
con act
ontract
administrator'. Where the client selectsny b-con actor' or su
may be
advisable to recommend collateral
en
to proZu t the clie 's interests,
ie
particularly in respect of matter
ntractor's
responsibilities.
th,ntr
rqh
idhe
Consultants
sign
)
ild
Sub-contractors
suppliers
r-.
'm'
With de
41
nage
Ilat
agr
epa proAure
en
Client
Contract for
services
ks
contrac
Manageme
contra t
Works
tract
Consultants
Sub contractors
42
Nominated/
domestic suppliers
{ with
,-+
-p'
43
againjA
pel on
encepyibra` Qn, et
war,
ill inc
e amag due
re
is
all t e sub' ct of situ
(2'
third cate
liability, and no insurance cover is normally av able or n ded. T
ortioWin adva
often referred to as speculative risk, is somethin which ca
include
ses ' time or
as decided by the parties to a contract. T,
a erse w.
which are the result of unexpected groun con
shortages
labour
unforeseeable
of
or aterials,
to
out
sen
beyond the control of the contractor, It
losses
from
such
bear
arising
event
nr
%hl
-+,
Lt
sually be a fair
at
intent
alan
be adjusted as
balance of speculative risk be
arties'
by
e contractor, the
required, but obviously the reater th e` risk`t be a
ionrri
-he app
`sk accepted by the
higher the tender figure is kely to
ending on the ty of co ract.
parties also varies considera
fl,
lance o
the'
se
44
te
is
a a
al ance
e
d.
pec
isk
ont ctor
Client
vii
men
Traditional
Ment
Percentage
cost
Mana
nt c
45
Speed
Not the fastest of
methods.
straightforwa
but complicai
can arise if clieri
requires
Relatively fas
n efficient single
ontractual
ar ngement
scribed
Client c rrKrols
desig
and
ions to
large extent,
ri
ctor is
olly
nsib fob
achie
th
gyp'
,n.
ruction
erti within
accoun
ganisatipR.
be limited.
design
b ilding l.
in p
llel.
in'
,n.
signed,
without heavy
cost penalties.
Flexibility in
developing
details or
making
substitutions is to
the contractor's
+L+
vii
ecause
rmance.
actor's
)den expertise
.Q1
uction fime
co
.-r
,7+
sauireme
esign
'in
ient's
ing
integ
lient ha
dir t contr
er th
o tractor's
fl-
Pre-ten
time
large) dep
s
on
e amou t of
de ail in th
advantage.
on site
'_^
is poss
before ten
have-even b
r so
Design and
nstruction skills
tegratedd at an
early stage.
Complex
management
operation
C51
orks
packages.
or
requiring
sophisticated
techniques.
Client requires
certain standards
to be shown or
described.
Managing
contractor
responsible for
quality of work
and materials on
site.
Managing
contractor can
adjust
programme
ICU
and costs.
46
ility
d quality
method.
invited
ow
III
con
'06
are useo.
ndards
ain
to b
certain
sub-c tractors
negotiated
tendering.
requires
Clie
c
Fle
C51
Desirable to have
all information at
tender stage.
Consider two
stage or
Basically
Qgr'ahty
Certainty
Competition
ibility
Respo
Risk
ary
Su
Certainty in cost
and time before
Competitive
tenders are
commitment to
build. Clear
accountability
and cost
monitoring at all
Can
competitive
element.
cl
-cu
divi on of de
n
an
onstruction.
Confu
there is
in cost
uality
t the
eense of time.
ble
(OD
14
ere
m
desig inpu
m co
ctor
stages.
or
r-+
cialist
trac s an
sup
ropo
re
.-t
esentative
ring
Success depends
on the
management
contractor's skills.
An element of
trust is essential.
r0-.
rip
rip
construction.
mainly with
the client
almost wholly in
the case of
construction
management.
Lies
Benefits in time
and quality
but at the
expense of cost.
The professional
team must be
well coordinated
anage nt
ractor is
poi
d
be use o
man gement
exper ise rather
tha because his
fe is competitive.
However,
competition can
be retained for
the Works
packages.
of quality.
ctor
for
co
Benefits in cost
and time but
at the expense
educes relian
on
the cent's
ecialist work
materials.
almost
oily with the
contractor.
n lie
detailed as this
ntra
r seeks
co ter
gre
com etitivene
fl,
prod
rawings
and Specifi ti
only.
divisi ,
t
con ed w re
the clie is
uire ents ar
design or
pert
ance.
Limite role for
o3,
cost plan,
Can be a cl
competitive ss.
o benefit asses
to
nt if
to
start building on
fitte
whi
uatefor
is
Is
are
inc de
both
pri and d
n.
D. ect d ' n a
uild v ry di
ult
t
Clie
clien to co
stages.
fl,
fl,
Di
a-,
There is a
guaranteed cost
and completion
date.
rs.
47
outl'
l l
1,
er etails eader
time
pe *ng fl
the design build procurement meth , h
ev
re
ienced
tly t
something of a resurgance. There are o GMP sta'rtdS fo
of c
he FIDIC
silver book is the closest), so contrac
a
ed s
dard lump
sum form, or on the client's or con act
here are
of possible
arrangements, but normally the c tracto
for ac
cost incurred
plus a fixed fee, subject to an agree
iling.
re
w a stipulated
construction cost are passed
to
(or iri
ared) but the risk of
ses
any overrun is borne by the ontractor.
t exte
ri
assumed can only
be determined by examinin the t
df each
act. T
frequently claim to pass
all risks to the contractor, , but
practice
articu arly those drafted by
contracting companies
clau ?s which`
ional payment in limited
o+
sbe
rpm
0(D
as
..6
or exceptional circu
operatio
governor
or P3.
reisawi
mm
to res.
initi
rojec
s,
to
int
funde
7c'
for providing the service, the Operator is paid for the work over the course
of the contract, linked to its performance in meeting agreed standards of provision.
In return
48
nc sec r coura<
ree
ds it
an
ove. sta and
c
2
led to erminate
>u
mwan
kdd
Partnering
Partnering had alrea y em rged prior to 1994,
given greater impetus by the
`ortnering can bring significant
above report wlch
ted
e are c n fi
t
benefits by im ro
q lity
timely ess o completion whilst reducing costs. " A
rusts g the Team
series of rep is fall 'ved cludin
the Best Practice Guide to
Partnering
lished y the R ading Construction Forum (RCF) in
Con r u
iced by th onstruction Industry Board in 1996,
1995; Pa nering
ea
and in 199 he R
follo up report
even Pillars of Partnering.
ctip
am d
g as
follows:
O.2
+.S
It is a parent
particular type
0-0
fl.
n_,,
fl,
o-0
framewor
49
industry's performance'.
Rethinking Construction
Ton
,Construction
n Egan. This
tion in accidents on
It also called for a
erative methods of
'"*
--I
0-v
significant improvement
fl,,
as
In
.--r
implementation of
of demons
Demonstr
honest,
people
case histof
;;-
The Movement
2-6
-"'
r-.
ntly
it
er
testy
'Achi ing Ex IIE
ro
NHS's annin
ProC
re21,
hich
lS
LIFT is an
ent of
N1qu
major projects
VZO, bi
CU
.-+
FI
fu
t initiat
ing arrangements
.-.
pto
procurement of
Prime Contracting
,-+
2003
y the Ministry of Defence
Prime contracting is system lau hched
nts. The Pri e Cori ctor, is the single client source
and other governme t dep<
it does not
is. som what confusing
for an integrated pro ss. ( e use of tl
o types of Prime Contract. The
eo ontract. Ther
relate to a Prim
aint nance of the entire estate within a
first is a cont ct for he`c rat-'an a
ntract)L: secon type is a stand-alone contract for
region (the egiona Prime
e projects wi
a planned through-life cost model,
the design nd co tructor
compliance period (the Stand Alone
Yi thro
which mu be cd
Prime Cont ct). T intention of the initiative is to foster a more
Capital Pr
p b'e weeq(
e Estates and the Prime Contractor and to
colla brativ6
Althou h the supply chain forms a partnership with
e clie
deli er better val
efense Est `tes are not part of that partnership.
Prim Co ractd
in'
G-)
Me
51
52
the contractor
the documents
thods. This might
e the contractor to
e of anything to the
r design. The contract
limited design obligation
.-_c
.01
Imo-
nn,
a"'
has`
,-+
xpres
for workma
terials and this is in respect of
dard of the co` tract
workmanship is concerned and
complying with
rms of me hantab qua ty etc. concerning goods and material
of satisfying plie
ntract rs of whatever description or status.
etc. This will ormal exten to all s
nsible for any efects, other than those which are
The contr for wi
ise fro
misuse. The contractor is not normally
ulty d ign
directly at ibutabf
mainAfaining he b
ing: any such requirement would have to be
responsible
expre,
in the c ntract./
fl,
-.o
co
types bf contr
als
rement
tic
contrac
(DD
--I
The contractor undertakes to carry out a defined amount of work in return for an
agreed sum. This can be a fixed amount not subject to recalculation, in which case
there would be no opportunity for the client to make variations after work has started
on site. The sum is more likely to be subject to limited fluctuations, usually to cover
tax etc. changes not foreseeable at the time of tendering. The sum may be subject to
53
ull flu
aThc, usin
o
calle
the Xediou
rings
e coy
E-3
Sa
eore
OOH
ti-
N-0
Iup
antiti
contract.
->>
ua)
.-+
c.>_
of the totak-est*and
(71
in'
to agcep
Obvi
'+Q
+-'
A variant of this/s the meas red term contract under which rates can be established
for categories o
ork, al ough instructions or orders will be required before any
single job in the anticipated programme is carried out.
'+J
inn,,
These are sometimes referred to as 'cost plus' contracts. The contractor undertakes
to carry out an indeterminate amount of work on the basis that it is paid the prime
54
ftion th contr
profi
hec
th
rin
varia
ng pre isely w at co
s
)st olu contr ts.
ich
rat
tfo
rd.
to the p
l. Ho
os
for
ver,
var
is
to p
only Ii
tract.
rate percentage,
no real incentive to
e considered where
is
to work efficiently s
as
sin
e cos
is
`st
der
tender
bye
largely
remain prof
of
bporti
They
to t
ithin
tion
ose ineffi
ends
on th
tinder st
su
reimbursement
cto r.
eseea
fight variarl
revio
lways
en to the client to pay direct for the cost of labour, materials,
etc., W the contractor receiving only an agreed fee for managing
re-c
or
tKe execution o he
isAf cours
pIap,+
tea,
The contractor may have responsibility for some or all of the design of the project. The
contract wording must expressly refer to this, and the extent of the design obligation
needs to be set out as clearly as possible.
55
'How er,
ith
d
fhare
recis peci
role o the contr
for
podr 11
prep ring
tt
v-0
he ' ility
olute
liability under which the contractor
rran fit ss
the
nded.
However, usually standard design and uild forms
ess
it t
liability
of the contractor to the normal profe
exer
re o ble
re and skill.
duty
Independent consultants engaged
ctor
herefor
n
r,
liability no
greater than normal. An indemnity r acce
f lia
's likely o be worthless
unless backed by adequate indemnity in ra nce,
dais is s
n that should be
checked before a contractor is
porn
re the
or
s not have in-house
designers and intends to us outside co sultan their
s
uld be established
before a tender is accepted
i
,-+
fl,
o-0
Generally it is better to
to prescribe in detail, ecz
firmly with the cont ctor.
Q=,
in to
vee
,-+
bring cost
relative fr
most effe
of th
erf
quirement rather than
pons ility-for design and selection
s the r
with me ypes f development (housing, for
nts the ess likel it is that a tenderer will start
ietary co ponents or its own standard
s
is lea
just how co
O the matted of
cl
,-+
((D
in'
56
om,
of such an agreement,
wish to sub-contract such work, it would
design. These provisions, however, should
design obligations for a substantial part
original contract into one of a design
be made the subject
thoug
;h
vi,
nts,igin
the
of a
wa
bv ffectivaw
faith
larg
tractor
ponslit'
pt
Jes
f intr
n.d
pertise of the
with complex
ement of a building
addition playing a
ement obligation to fit
cific period, and even
ing of the project. Clearly in
orms of contract specially
appoi
,,The c
manage
part o
should preferabl
can
advise-she
uctid
nt profess
in
actor' involve
is
The ma agement co tractor will normally make a written submission which includes
ana ment fee, and will be appointed after interviews with the client
a propose
and the professional team. The fee will include for the total management service,
expressed as a percentage of the total project cost, and for a service to cover preconstruction stages should the project not proceed to site.
57
sfpf
of a c tract
roje
ec ation. The
ya t sts
ert
lat ,and
o
si
.+n
tht
an bills
f qua
works contractor.
Construction management
Again, the construction manager
paid a management fee.
ntracts, although
One basic difference from a ma gaaeme
ana
the constr
irec between the client
arranged and administered
t a greater measure
sense t k aives
and the trade contractors. Ithou
risk. The construction
all of
of control, it also means tha he or he a ccepts vi
manager is a coordin or, a d us ally canny
e hat the project will be
ctior
.-r
(D'
e proje, t an
risk. 0 viou
Construction many
contracts, b
likely
o
expertise
is
mentems t
rk by th
experience commerce
:l1
standard orms available
(Q'
th
nage; or}struc
development of the management approach, offering a
a single source. It can be led by the contractor, or by
is only likely when the design aspects of the project
The la
,n'
ice fro
me
,^+
fl,
ore rece
fal integra
a
elist
TisJ
Ther are no
organisa
work should
maher
Maintenance is
of facilities
+-'
Contracts where the Architect administers a series of separate trade contracts where
there is no main or general contractor, may also fall into this category. As well as
being the designer, the Architect assumes the managing and coordinating roles for
the project. This arrangement sometimes occurs with fairly small projects and is a
58
ordinarily be
diet b`e
itect
In
orrn
What is the nature or category
in
rk?
completely new
Comment: is it predominantly uilding
istina one
ork, maybe of a
building or an addition to an
Is it
ncerned with new
of a
oricuil
specialist nature such as re
alter
? Is its
allj bbing work, perhaps
uses for an old building,
olvin
sera
of
b which form part of a term
on a 'one-off' basis, or
fish
=r'
maintenance program
Q.
ccnnrr
allow// and
ture
ome
gar
prepare
there
mme
ecessi
made'-crh the
fu,
instructi
t docu
is ar
of contract?
What is t
et
59
the client able to state his requirements precisel befoT wor, tarts:
des tan cha es
Comment: is it desirable or necessary to allow for adjust ents
during the course of the work? What flexibility is eeded{ nd he n e th critic
times for final decisions?
Q. Is
v4=
ore
st rts? '
the client need to know a precise Co tract
is construction cost of second Kv import
ce
ear
omple on
r
rental of sting
e
deal
(because, say, large sums of money are tiedo p
premises, or because of dependence on cono
ur
3(D
Q. Does
Comment:
E
Q.
20'
60
tracfor, o
v.`
is
sit
th
client wish
rounding the
and procedures
ons and foreseeable
he choice of form
rVand not be the result
;,o
,-
='O
onclusions
ual forms of
familiar.
of co idera
whi
in
involved, one r
ec
However, t
tend ncy
ecent
ake
suppleme is to
situation The
resp
th re a
-ti
iallt-
r-.
((DD
Q. Is
lid
61
Q.
Q.
What
the client.
Q.
oas
darfor
could f
e construed
contra proferentem. The basic rule
ever t
aame
is w ich might have
unintended effects on othe r
ses
he
of the whole
document. The Latham Rep rt recomr
ies
the construction
process should be encoura dto use s andard
rms
endment. Where
there are exceptional reason for s ch amendments, he Ark tect should make sure
that the client is aware of an
is the ris
should be dealt with
en
by his or her legal advi rsis the p ctic
point that ad hoc alterations
often lead to inflated ender
ices the risks.
and
as
0_0
ificant in`f'nce, a
is some mesa matter over which there is little
esult of t
need 6
mply with the standing orders of an
authority, or, b follovJ
fficia uid ce on Procedural matters. Several standard
forms of c tract
in alt
pu
ative v rsions, for use by either the private or
the publi sector 4
tabl The esent tre d is for forms in only one version which
can be use
egar
f sec or, ande di inction between what is permissible for
priva
public sec r use is no
ecoming more fluid.
fa ly
r
sth
r
c
out under one o
110,
ar ent of
it
fl,
L^1
ontra
fl,
mar
((D
Unio
30)3=`
government de artments
62
ne
use o
vorKs-zo
fl,
discretion ver w
ther to
rprocur
ount X
in.
inoth t
au
ritii`bk
now th
ow
t/the o ract
com
.as
AZ
ing
appropri to form of contract, to be thoroughly
never of course be the justification for
miliarity s
effo to ep abreast of changes to published forms and
tract a ministration procedures.
tant,
it
en 96nsi
its pro ions.
es
time a
fects
,-+
make sure hat the editions of the contract forms and any
urrent issue and compatible. Checks are also
ents a
ure that
'contract administration forms are current and
form of building contract being used. Pads of forms can quickly
d it is unreasonable to expect office staff to check these things
It is for the contract administrator to check such matters.
becotne out
Personal prefer
evit bly some subjective element in choosing
architect
form of contract. An
For exa
ASI membe
rip
Of course, equally it might be the client body which has strong preferences not only
about the procurement method but also about the choice of form. Developers and
63
fl,
might stipu
members of organisations such as the British Property derati
forms which contain certain conditions. A project nanager mig adv theme
a form 'based upon' a well respected standard
rm
ally airl oos !), ora
ich
colla
agr ement
powerful funding body might require terms, in
necessitate considerable changes to those in t
ntract.
I
foi
canno
d hoc
alter
th circum.7ta
hou
ve implications
+-'
'r0
for
le, SBCO
dema
tha
thosE
.'^
.,_.
administratio
be far mor
contract,
into acc
known in
with
mn
ar
cial facto
tly strai
whit
a"'
4--
E;
..O
The services provided acrd-andfee appropriate will always depend on the nature of the
work. For example, work on the preservation or restoration of historic buildings might
warrant a considerable departure from the Outline Plan of Work stages, with a great
deal of investigation and reporting needed in the earlier stages followed by unusually
frequent and detailed inspections both before and during construction.
64
vii
65
nal
66
eers
Engineering a,
r
roject
proach.
Contra
C
nstru
9N,n
'
tract
ght of
wocurement.
also b
f the of
itional
osition
is pTaced
first
ally, though n
seem like)
form
listed a ve, the last two are also suitable for use with
sum. T y are listed under this heading for convenience, and
as majo orms of contracts
67
68
JCT MP05
dertaking major
commercial developments. T, e se
ion is less of a clear
cut reality than it traditions was, a
.shes the contractor to
take responsibility for some det fed desi
ime requiring flexibility
and allowing the Emp "yer to
e
a me
The extended time scale
of major projects has frequently
d pro
phases, in parallel working
for both design and :onstr
, in payme
s relat
to progress and performance,
and with incentives f savi s in time
n th past this has often resulted in
employers
nditions in otherwise standard
sive
odificat ns
forms of con
b eskefor
p
sscessit
took t
the c rent
f introducing
(CD
ft
L.0
to
eec
Iteto
open and flexible but demands such attributes of its users. The
and language, and clear procedures make it immediately
att(active. How
is li
y to be an appropriate choice only for parties who are
ced
already expp
OD ations of a major scale, and who fully appreciate the nature
)and' rocedures. They may be relatively brief and uncomplicated, but
a hig level of understanding and involvement by the parties.
ocume
re
itfo
hET
elate
1)
O_(
MPF05 is much shorter than SBC05. This relative brevity is due in part to the use of
enabling clauses which avoid the inclusion of that which might be irrelevant for the
particular project, and allow the parties to include their own detailed project-specific
requirements on matters such as insurance.
69
6 Traditional procurement:
JCT MP05
It is logically structured, but interestingly there are n 0 onven nal
ides
and the document goes immediately into the 43
ntract ondi ons hich
out under nine Section headings. The Conditions egin ith a un
II
all
4etion.
Th
t,.
artyRigh
der, a
ricin
h
e in respect
d party rights
Document. This
payment to the
ce payment bond,
be attached where
relevant.
inl,grestir
ponsib
E m pJgye r';s,,R eq
ikion p
key
ional) desid
m e n ts;
ui
re
ure en u res
ntractor's d
r
may na
for
cialist
tar per
no ate t
er m
respo Bible f
Employe
their se
the co
im payments to
theln
the
T ere
o ret6ntio
suraince arr
ub-con,
the Employer must appoint a sole representative who has authority to act in all
matters under the contract. Other consultants appointed by the Employer can expect
cooperation from the Contractor, but will have no authority under the contract to act
for the Employer.
70
JCT MP05
of comparisons, in this book t
employed for notes on the other forms of,
reflect the structure used in the actual con
For the purpose
g6is is
alto
CI
to be found in MPF05.
in f
it
rac
is
rele
oh
Fl
is,t-obe
c&M include
ricinagr
ment
is
founded.
00)
fl,
for a
ependen nd
contract administrator, and
administrative func ons r quired under he ontra are to be taken direct by the
Employer or theCont actor.
Empl er's
n ative may exercise all the powers
and function
There is no provisio
he
s obliged t
pletio
or wa
dinat
it
ipal
er is re
fort
y.,
that instruction
is
treated as
Change (10.2).
-arrWwithi the Proposals is found, the Employer will instruct the contractor
vision sho, Id be adopted and that instruction is not treated as a Change
a--_
which
(10.3).
for construction
Employer which
If a discr
is
that it has th competence and resources to act as CDM Coontra or, and esigner as required under the CDM Regulations
Vtdiscrepan
to proceedofherwi
L.0
e contr
execut.
Where the contractor takes over design, it warrants that it will perform to the standard
of reasonable skill and care appropriate to a competent professional, and does not
warrant fitness for purpose (1 1.3).
Should it be thought necessary to stipulate a fitness for purpose obligation, then the
71
JCT MP05
b le
JCT
fit f6
Where described goods and materials are not
alternatives of an equivalent or better stand
standard, and acceptable to the Employe !will it-
arise
ds
he tended
rding
wit this
d o
'n the
urpos;
cur ble t
Itern
d th
Cha
ed
crib
The contractor is responsible for the repara
for re
these are to be submitted to th
as identified in the CP's, an as shown
Requirements or Proposals 12.2).
The contractor
is
Iurtr
sign
ra m
nts to
Wing design
Zion' (12.1
ction
execut
accordingly (12.6.
o exe to ork
The contractor
comments are incoworate , and
The coif
submitted to
i
rkec
furth
tractoi
esign
repares is
in
acc
es
Particulars.
The contractor must use reasonable endeavours to prevent or reduce delay to progress
or to completion (15.3).
72
JCT MP05
The contractor must notify the Employer whe
occurred and, if it agrees, the Employer will
RID
anion
actic Co'
actic
ertificete o
(15.4).
6:_
'he co/MKIet
ntra
the
(16.1).
the m
With the consent of the Contr Et
u th
Project prior to practical compl in, an
17
part, the date, and the value o t e pa
0-00
se
no
ss of the Project is being or is
ith notify the Employer of the
eticin of the Project (18.2).
ecomes awar
it
Ikel ye se ct upo
tha
of r'eipt of uch n tifica on, the Employer must notify the contractor
comd
date as he or she then considers fair and
ent to t
pletion date should not be adjusted (18.4).
asons
dor
in
ay!
iously, an
No adjust_mRQt to
M--
is
to ny caus
ontra or cons
pporti
s
non-
ctor
sue
tract, t
s. Of
rform
valid suspension of
Employer. Interesti gly, advers
'
(18.8).
Howeve , the Empl yer can investigate the possibility of acceleration by inviting
ontractor. The contractor must either make proposals or explain
proposa
om th
why it is impracticable to achieve an earlier date (19.1).
If the date
Employer
(20).
is
73
JCT MP05
3
Control
The contractor may not assign either the benefit
the consent of the Employer, and this would app
o,'burdeviof tVe-tontr'
buThir
mploy
"Istrato
ctor
tive
assur. d
er the cd
inting)and
with
nen
suc`f)
instru
s
,-+
others to gi e effea
z,3).
.-f
Tent
of cooperation from
the Employer (21.2).
visers who,
be
is
aser or
da
eive
gations u
eE
findlrs
e.
show all t
If the work mate
.1p
0)
fl,
fl-
Where work, m eriairs or gods are not in accordance with the contract then the
Employer may in uct their emoval, or may allow them to remain but with a price
reduction. The contrac r will not be entitled to loss and/or expense or extension of
time. The Employer may also instruct additional work necessary as a consequence, and
may also instruct further opening up and testing relating to similar work materials or
goods elsewhere (22.2). No such instructions shall be treated as a Change (22.3).
During the 12 months following Practical Completion (termed the Rectification
74
1CT
MP05
struztec then
tified
and
e included in the
ct Particulars (24.1).
pro
to
ediatel
(24.2).
ontra
The Employer may a 6o recl ui th
subcontractors or nsulta nts) y inclu in g a
P
contractor may ch e, in e quirement Such
design or carrying
t of
orks (24.3)
solely
be
hinted
Employer depends upon the novation of preof specialists being carried out in the
sand Tne app
consu
Fred under th releva contract clauses (24.5).
`to
ppoirdconsult
ctor without he prior written consent of the Employer (24.6
ediately fo'WWing termination of such contracts, the contractor
loyer of the proposed replacement, and the Employer has seven
reasonable objection (24.8).
ithe eforE
mu no '
day in whic
contracto
ns fu
it
`tract Sum,
specialists, and e
The
Changes are alterations in the Requirements or Proposals which affect either the
75
6 Traditional procurement:
JCT MP05
`^. -+.
Zt-j
-on
th e ontra
exce
te
to
maip9v
,-+
ing
ratio
that ar6nstru
Change (26.1).
ent
pleti
spect
Eli
,..f
bas
ag
ense
a-3
ti,
0-0
,-+
etiord
co
q
on
3
e Pr
fair a atio
to 26.
ontractor may
and within 42 days
mo s valuations (26.9).
han
+ew rele
fl,
Tin
fl,
fl,
(D_
,-+
..,
nt deletions in the
to rece iv.Q payme
aer
Rele
(Progress Payment
Pricing Documen If no
rpm
,-+
,_..
fl,
by
Employe
itio
'+.
fl,
ma
Employe
included in
timely noti
informati
fl)
is tolra-e detailed application for payment not later than seven days
before payment is due, and the Employer is to issue a payment advice on the day of
each month as entered in the Contract Particulars (28.1).
The contractor
+}'
,-r
After practical completion the Employer will issue further payment advice at monthly
intervals, always provided that the amount due is not less than the figure entered in
76
JCT MP05
the Contract Particulars (28.2).
th
ract
ges, an
,-+
co
ny Ch
th6. ontra
n days befdre-die
corda
ounce's
,-+
attNb able
d that effective
ment, and which
each ground (29).
thract, iN
am
fi
30
ligati
requir
dertakWs regu tions a6
Lng the for,
Ompk,w.Ah all s tutory requirements and warrants that the
ept for that ontained in the Requirements) complies with
nd 11;
mployer,
requirements (9.2
es in stat
announ
(10.5).
trwill
bligations that arise after the Base Date and were not previously
ken into account and will be treated as giving rise to a Change
.-.-
fl,
The contractor is appointed as both CDM Co-ordinator and Principal Contractor for
the purposes of the CDM Regulations (1.2). The Contract Particulars also allow for
the name of a CDM Co-ordinator previously appointed by the Employer to be
entered, and if this person is to be retained then the contract would need amending
(7.2).
77
JCT MP05
.,r
0-0
0(D
-i.
Where compliance
requires remedial
treated as giving
'y.
Where pr
ssion in mnit insura e is r quired, a relevant deletion is required in
the Contract rticulars, an the limit o
demnity is to be entered. The contractor
ma be req ' e
take ut and maintain cover until 12 years from the date of
pr ctical co pletion
the
ect, always assuming that cover remains available at
co
cia
so
le
tes
-2).
insolvent (38.3).
JCT MP05
Upon termination, the contractor must
documents, and must not remove any mater,
permission. The Employer may then make
Project (38.4). Only when the Project has
for completion have been made, withi 'six r-6
issue a payment advice (38.5 and 38`
The contractor may, by issuing a
having given the Employer 14 ays no
failed to remedy the breach (3 L1 and 39.
employment in the event th
plo
/ir
enge
t
mee
ents
o oth
termi tion, r/k
r,
a'
ateria
e c
eco
acto
es iftsOivent
t e contra
equipment from sit without delay,
Upon termination,
inateVhe contractor'
st ted in tie Co
ecifie
eril, ciXI co
pkiod
suspended for
include force
rem
ccou
gs
aAfully
letion,
n
I,
ntracto
Project
are set
ncluding a gender bias clause, and that a 'person'
firm, partnership, company, and any other body corporate (2).
ccess (not exclusive possession) to the site or parts of the site,
ree to have work undertaken by others at the same time
Dloye
eaves
asthe
(1
give rise
Copyrig
The stated period in which acts are to be done will commence immediately after the
specified date. Christmas Day, Good Friday and bank holidays are excepted (3).
79
tD
JCT MP05
_(D
-+,
00
80
tion shbu(
o
appe
to reach a
to be by legal
JCT MP05
This contract?
If considering using MP05 remember that:
ra
the Contr tor, t
er th their
i-contr for , are e
rie ed in
bstantial
uir d to
poi t a Re esentat' e who will
o he
plo r u er the c tract. Other
fa
horit n
the ontract to act
o
is
are
rip
ha,
-+,
is
nner
eqi,
de
in
is
-format
ormat but it should
rescri
'
t on
ve
contract, and it
heart
ere
design
cto re ngages
(DG
u rth
.=+
Requirements, with
stipulate that
under a nova rion agr
_n+
(1)
.-f
.=r
mar-
an
fl,
+-.
O^^
orxuff
tailore
(ND
E-0
vi'
.c
c.^
81
JCT MP05
JCT
JCT
References
JCT
Commentaries
Note: these relate to the previous edition of the
Sarah Lupton
Guide to MPF03
RIBA Enterprises (2003)
Neil F. Jones
The JCT Major Project Form
Blackwell Publishing (2004)
82
1CT SBC05
Standard Building
Background
as the RIBA
on (SBC05) is
39, 1963, 1980
Contracts Tribunal
LL.
a se
to overcome rious
appeared over time in
the 1963 Edition, and,
re
se
reco so
the Banwell Report - in
particular those relat gto t he tr atme t of
rs. At the time it was felt
that JCT80 had strut a fair
ce betwe
the
rests of the contracting parties
and others involved. nitiall concern wa-s,
sed
some who saw the form as
being much longer th
its
edecess,
emanding to administer, yet it
quickly gaine acce
eas th orm
d for major building projects in the
United King om. S Opleme is
avail ble to cater for contractor's design
and, secti hal co pled ?1;
ther with d umentation for nominating subcontracto and s
JCT80 was drafted
wer
((DD
((DD
Nature
to over 100 pages. The Articles of Agreement include Recitals, Articles,
Contract Particulars (to be completed by the parties) and an Attestation. The
SBC05 runs
83
JCT SBC05
xne par
t cariee
CND
0--
'c
--O
r.,
.-+
o,-
in'
Ce
the
;--r
-n,
e versions
without quantities, or
s.
T e W
p fes
es
consultan
fl,
prove
Q_-
CND
ua
+.,
l./1
-4,
The Without Q ntities ver on also requires preparation of a full set of drawings to
be accompanied ei
a Specification or Schedules of Work. In order to give
valuation of variations and fluctuations a substantive basis the contractor is also
required to submit a Schedule of Rates or a Contract Sum Analysis; this should be
provided, and the measure of detail required of the contractor is often stipulated at
tender stage by the Employer.
,-+
=moo
.'^
vii
84
JCT SBC05
All three versions now incorporate sectional
pleti
and -ct-Contrak4o'r
Portion, both optional provisions. The first Ilows f
completion of the Works, and for setting
ate for li idat
dam
each section. The second allows for the c
r to
ign a identif' d
r
of the Works, and includes a new pr edu
D
ubmitti
its d ve
in
information for comment. The parties hould b a r
to se u any rep,
as to scope, format and timing of such
bmission
t Contract Par
parat
I
th
ontr
at Offof t
equir
Anal Ys is
Po rtf
Thi
,Jatt
as
for
is
fl,
ly
with al
'M
st comp
tions
(2.2
re
Archi
-.O
?mrat
goods an workman
are to be to the standard set out in the bills,
equire ents or Contractor's Proposals as relevant. If stated to be to the
chifect's sat action, hey are to be to the Architect's reasonable satisfaction. Where
are to be a standard appropriate to the Works (2.3).
r
r+,
.i
The contractor must be notified if the Architect detects a defect in the contractor's
design, and the Architect must be notified if the contractor considers that its design
will be adversely affected by an architect's instruction. The contractor's obligations for
design work are otherwise not reduced (3.10.3).
85
JCT SBC05
The Contract Documents are to be read as a
Conditions and Appendix prevail (1.3).
the
'se,
t,
k 1 (2:
Editi
he cont
1).
refe ed to in the
must also be
ecessary (2.12).
d (2.8.3).
o
Docu
ents it prepares in
as set out in the
mission is to follow a
n&),
e su
42).
hedule 1:
executing an
er relieve/the co
gulati
airyany need to
on
ant
a,.
The contractor must proceed regularly and diligently and complete on or before
86
JCT SBC05
completion date (2.4). Early completion is an opt 6n for
achieved, issue of the Practical Completion ertifica can t
the Employer is not obliged to assist the ntract in tern
iori
exceedir)o six
fl,
fl,
n-0
-'
(ID
fl,
owere
he contr
e con acto
chitect (2 3) an
foyer
ctor
-20).
rrD
the E
bec
i,s,certifby the
ik oblige
d
Control
o asst -ime
fl,
instead.
The
art
insur&me
agrees`"propriate deduction
6 Traditional procurement:
JCT SBC05
funders, and the Employer. The requirement to enter to war antie
in the Contract Particulars, the relevant persons nd su
together with information regarding limits to the ontrac or's bil
ust
)6_contractor-s
beams
iden
IA
on the JCT/stand
iblish
Wa/E
tontr
E%
O:3
ate
The
i
flucl
for is aauire
to permit the pre
t#, alth
the Archit
inspe
the Arc
d in o annexed
to the
illa
inriting,
(3.15) and e
form.
he
t`he
e a coYnpeten person-in-charge on
ere work
it re
88
JCT SBC05
4 Money
ly
beadste
ver
4er
--O
r+.
e recovered
iculars.
rovisio
ai
or
,-+
O':0
in
h taxes,
of tender
les (Schedule
ed,`rtrM
e by
work
visio
be given to the
will be either for
arried out where an
's
(5'2
r be invited to s
chedule 2 Quotation' for work
addition, the cont ctor
which is the subiect o an ar itect's in ruct' n
a quotation, if accepted, would
the time implications and any loss
bind the cont ct
Pest cost f wo
The ork v ould not be carried out on this basis
and/orexpe e whi
was issued. In he event that the quotation is not
unless a c firme
issued to 'roceed with the work, but it will then
accepted an inst uctio
ation r. les and pro
ures (5 6.1).
be subject
In
ation
which is part of the Contractor's Designed
n of th Employer's Requirements and will be valued
odific
If th
Po
ancation
4--'
Contract
Schedul
agreed time
Interim payments to the contractor are made to the contractor following the issue of
Interim Certificate by the Architect at intervals as entered in the Contract Particulars
(usually monthly). Interim valuations will be made by the quantity surveyor (4-11). but
may arise from application by the contractor and his own assessment of the gross
89
JCT SBC05
valuation (4.12).
.-t
cart aIso
th
ntra
feren
of-the Architect
is
onl
concltfsi_ve
ractL1.10
ices (2.1
The
r is
(2.21
contrctor is to n ifs
hitect if it finds any conflict between statutory
req ements and the C
ocuments (2.171). The Architect must issue an
instr uc
a
e c tra or is thereafter not liable to the Employer under the
cont ract for any
- ompl ance with statutory requirements resulting from the
instruction (2.1
The contractor is empowered to carry out limited work for emergency compliance and
90
JCT SBC05
this will be treated as
#gly
variation to be value
wit t
>ly with
(D.
il
r+3
in
'
ties
rec
d
or
respt of per
nt
fl'
18).
entries in the
the minimum
sue instructions,
cking.
injury or death (6.1
alw
to be
er required is entered in
oun
)-r-
nt
provided.
treat
uranc
of0
(Schule
contracto
fo
xistir
3, Optio
esign,
stru
res a d the contents is a matter for the Employer
'mited to specified perils. New work in existing
and
still a matter for the Employer, requires all risks cover.
C)
--/,
to IeaJ
The contra
s
,-r
(Sch
be
isles where
w buildings are concerned and should
alue. It cary-Be taken out either by the contractor
tion A)#
e
ployer (Schedule 3, Option B). Normally it is
isk wi
contra or under Option A, since restoration under
riatio work
d will be valued accordingly.
reinstment
773
Insuranc
be for fu
fl,
.-e
'L-
the Cont act Particulars will show whether the Joint Code of Practice on
ion from Fire of Construction Sites is to apply (6.13) and if so, both
contractor must comply with it. In the event of non-compliance, the
insurers can specify remedial measures which must be undertaken. In the event that
terrorism cover is withdrawn and is no longer available, the situation and options
open to the Employer are dealt with in clause 6.10 as applicable.
'++
Termination
91
JCT SBC05
v,'
r+.
otion.
fl,
ployely have
have the
cto
'
empl
employment.
.-+
ice
8 Miscellaneous
A list of definitio releva t to Co' s in sled (1-1). ules for interpretation are set
,Xnd that
out, including a g rider bi
ause,
6n' refers to an individual, firm,
partnership, c
nd any of er bodv
porate (1.4).
third
rights
overed
1)
t this might be subject to reasonable
ps are conc ned.
Architect/has
ed
an
9 Disputes
II of the Housing-Crants' Construction and Regeneration Act 1996 gives either
party a statutory right to refer any difference or dispute arising out of the contract to
adjudication. Article 7 of SBC05 provides for this.
Part
The procedure for adjudication is as set out in the Scheme for Construction
Contracts, subject to some limited provisions regarding the appointment of the
92
JCT SBC05
adjudicator (9.2).
The adjudicator's decision is binding on th
determined at arbitration or by legal proce
Arbitration is to be cond
Construction Industry Mo
Arbitration Act 1996 shal
s,
provided
apply.
rticulars, and
on of law (9.7).
93
JCT SBC05
This contract?
If considering using SBC05 remember that:
Of
LA.
<<00
vers
be used.
tractd
this 'listin
whether f
actor from
by
prov
an be requi
hin o r
there
is
nd
ages; ad
ersta
nsuming.
o<3
building work.
94
JCT SBC05
References
fact Gui
-contrail
ding n
1Cf
JCT
wow
.jct
rlier
Prac
itten
h JCT
Not
23:
(198
Pr
Note No
Reg
s (1995
Pr tice
e
28:
Pras
JCT
6:
ediation (1995)
ote (yellow covers):
n Contract Tendering
forms)
(')
Series
Nof
SaLu
Gui etc
RIBA
uk
Davi Chappell
SBG 5 Contract Administration Guide
IBA Publishing (2006)
James Davidson
JCT 2005 What's New?
RICS Books (2006)
95
GC/Works/1 (1998)
The Stationery Office
f,
GC/Works/1:
GCJWorks/1:
GC/Works/1:
GC/Works/1:
GC/Works/1:
GC/Works/1:
With Quantiti
Without Qua
-9-98)
Single Stage D
Two Sta e
nd Build (1
uild (1
With
With
racts
range of contracts
antiti
a
struct
structi
misL buildin
nd civi
ering inor works (1998)
nd ele ical enci veering works (1998)
engK eering, me, anical and electrical small works (1998)
ment cons tants (1999)
eement fo?, bnsultancy services (1999)
GC/Works/
GC/Work
GC/Wor
GC/Wor
GCNV W5'.
Works
C1Works/7.
C/W rks
C(
titie
ra
-+,N
96
GC/Works/1 (1998)
handed in all matters, and the Project Manag
afforded
solut ut
many of his or her decisions being 'final an
ive/e`n`tecur t for is claimed
?rn
ample
ploy
(f
to be adaptable enough for use by non-c
NIna'rus
c.) and
local authorities, educational institution
to-produce
by private sector employers. To facilit e this
a form which strikes a fair balance be
een the
ver n the one
e has been
hand and those of the contractor. on
e o er.
Jai?
ct
t th
er's decisions
introduced, and there is recognit
are now open to adjudication.
com
ing
complies with the conditio soft
Act 1996 (Part II). Amendme 1, ap
take
only, was published in_ 000
claus
Excellence' initiativ
engineering and w le life costi
The form takes account o
datns
to
e L
ts, Cons uc
rks/1
to
vernment's 'Achieving
over
,gtd fins w
Li
97
6 Traditional procurement:
GC/Works/1 (1998)
Abstract is detailed and among other things re qu es the name3-,of th Pro
Manager and Planning Supervisor (who may be th rojectilanr)
entered
There is also space for the adjudicator and the arbitr torto
ed in this dcbcumen
It is recommended in the notes that the same adiudic
in
all the Employer's related contractual docu ents;
consultants or others. This could be problem tic if the
tie
Synopsis
1
Intentions
a fair dealing clause
cooperative and open rela onship
There is
a
J-'o
with di
ks
and care,
form tin
ith the
(1
fined
responsi ility for design work in respect
-d-sub-contractor or supplier. The
e
fessional duty to exercise reasonable
give a itness for purpose warranty (10
uire
out-by
contractor's li
skill and ca
hi
either
[ve A)
Alternativ
ave sabified iVelf about the conditions under which he
payment i3-,Alowed except for unforeseeable ground
itions
s'f
'
bills an
oration
ra
The 'contract'
is
_+.
con
be
ELF
00.0
qu
:ifi
Specification, drawii
written acceptance (1
st
[1
]).
98
GC/Works/1 (1998)
Bills of quantities are to be prepared in accor
identified, except where stated otherwise
are to be rectified by the Employer (3[31).
the
Vyicrr
fl,
in the
ay
tai,
r o
slued 'durX fg th p gr
uitabf or r orodu
ide
ct
st
__10
iing1
tae
mi
rs
artic
the
[3
,C7
,-+
The date for comple ion is set out in or asc ained' om the Abstract of Particulars
(1 [1 ]). This envisages
ra ct al comp) on
It
9 not called such) and includes
all Th>I
s not
clearing of rub
orpo ated (34[2]).
i
ired
re
t submit-a, ogram
ion, a
meetings
re to
mar
until a`final
fl,
COQ
(D-
--O
+-C
it a writt
gram
ven, or
ris
g reed
iced as
ay.
meeting (35[4]).
v,'
ss
on or com etion
r6)
The Project Manager shall issue a certificate when the Works, or any Section, are
completed in accordance with the contract (39).
+-.
0-O+
+-,
Failure to complete the Works or a Section (which includes clearance) by the relevant
Date of Completion makes the contractor liable to the Employer for liquidated
99
GC/Works/1 (1998)
damages (55). There is no reference to
certificate
BCD
--+
ion-
rn leti
Pa
icu
D.
rs
aand
to t
ent m
e satis a
io
t wa until
a,v
arly
sess
Control
The contractor is not allowe o assign
written consent of the Emp yer (61). S b-lettir
of the Employer or the Proj ct M
r (62[1 ]).
In any sub-contract, t
contractor is respons
imposed upon the
completed (62[41
rre
is requir
to
rtain terms (62[2]). The
ing th sub-c6 tract rs comply with all obligations
ntra c
m t see that sub-contract works are
acto
supplf(s/may
(63[1 ]). The c
is
sub-contra
will bear t
sub-con
complete
a pa
ted-(the
entirely
nomin
spons)onal
(6
struoti
can be o
(Ii ted)
are
powered (40[2]).
Instructio
In the event of failure to comply with the Project Manager's instruction, the Employer
may have the work done by others at the contractor's expense (53). This right extends
to rectifying defects (21[3]).
The Project Manager is to provide the contractor with information necessary for
100
GC/Works/1 (1998)
setting out the Works, and the contractor
the setting out (9).
is
for th cor
lely
-(D
ertest
ssar
[51).
e exec
4 Money
The Contract Sum is
s
re
Proje
ire instruc
]) in
and
ns in
the
atio
iting
is as
gins
t Ma age
there
[1 ])
ems b
uctions (40)
gre, ment,
c
rinance charges
stated per
(47[
contr
tion
d disru tion expenses generally is limited (46[11). The
in the
d" ions. Interest and finance charges are expressly
overy of expenses depends on written application from the
ie Project Manager in time (46[3]). The application must meet
Qn3
';-.
O)._
Progress ayments, t rmed 'advances on account' (48), are based on either Stage
Payments, Llesto
Payments or Valuations (50[2]). Payments will include for work
executed to the satisfaction of the Project Manager, and the contractor is entitled to
95 per cent of the relevant sum, plus 100 per cent of certain other sums and certain
adjustments (48[2]). Stage Payment Chart and Milestone Payment Chart are defined
(1111).
is
6 Traditional procurement:
GC/Works/1 (1998)
#f
uiiy
Th
the tent
estimated by the Employer as the Final Sum, less
mon s of
in
surveyor shall send a copy of the final account to th contr for
notif agr me or herw
certified completion (49[2]). The contractor m
hen th
final
o n is
ased
within three months. The other half of any
and AW t
Certificate is issued at the end of the last ai en ce Perio
contractor has complied with making good efects.
5
Statutory obligations
The contractor is to give all statutory n ices req ' e , ob ' any
loyer ill re'
s or
urs
and pay fees and charges arising. The E
rin 'pal
act
incurred. An obligation on the co r or ting
with the CDM Regulations is expr ssly st
ly
requin
ll
6 Insurance
The contractor is r
uired
Maintenance Per od: e
ng
to the Works and
ma
=follrein
or damage
acceptance
insurance
in accor
ofessional
T e co
tr
or
t'-6
00-0
an Things not
da ma
but
unforeseea
is
resp
for incorp
vrthis
oyer
-a
The contractor is to take precautions needed to take care of the site and the Works
against loss or damage from fire, and any other cause, and shall take all reasonable
steps for security and protection of the site and Works including lighting and
watching (13[1 ]).
102
GC/Works/1 (1998)
completion of the W
Mr
th
ar
Proje
Ngerl
The cont
quantity
the ost to the Employer of
`r
ns until
ProjMan'ageriay
order
th, replacement
TJe
ment, completion,
The Proje
work
in Co di on 57. The
'-`
There
is
ron
is
xtrem
wide provision for recovery of sums where money is owed by
the contractor or to the Contractor, under this or any other contract with the
There
Employer (51).
9 Disputes
There is provision for adjudication for the resolution of any dispute arising during the
103
GC/Works/1 (1998)
re
tice
course of the Works (59[1 ]). There are precise require, ents f 'r the
2
ays o the
and the procedures. A decision may normally be xpecte wit
notice. The adjudicator's decision is binding until e disp e is hally O et& ined
legal proceedings or by arbitration.
13
104
ea
under t
of dea
co
ract.
ng wi
disp
es
GC/Works/1 (1998)
This contract?
If considering using GC/Works/1 rememb
for lump c
government, but it was substantially vise
wider application, including use by rivate sector
intended primarily for use by govnme
itho
a version for use with quantities
This was the major form
.-f
us
tion t alto
rthern Ireland or
iffer nces in arbitration
n Irelan
fted f
er helpful information is
r,.
tages, de
e contractor with professional
it can include co pletio
indemnity ins uranc , sec rity measur
ession, acceleration and cost
'suppliers, mobilisation payment,
savings, bonus
no inati 0 o f sub- ntracN
lieu of retention. The wording is
bo
alternatives f r adv ce o n ac unt,
roced
are logical, and there are many
clear, with
good raphi Iyout.
featur sin e ro ons, for exa ple, that the contractor is to provide
interestin
gress
contract administrator, and that the
regular
p its for /com mer by t
contractor b rs any losse_ resul c from failures on the part of nominated sube whole the orm
aces more risk on the contractor than JCT
con actors. Qn
'v,
'
SB 05.
hen ckmpNing f
act detai
is a
vital document
whicNo/tailor
tines
0a)
0)(D
be relatively
obligations and responsibilities are clearly stated, the person
derable authority, and the procedures are not arduous.
eep a careful watch on the Schedule of Time Limits.
ihtfor
am
sh uld
fl,
ork
105
GC/Works/1 (1998)
Conditions
106
NEC3
The Institution of Civil Engineers
Engineering and
Contract Third E
Background
This form is placed under
(ng o> `T clit-ional
ent and Lump Sum
Forms purely for reasons f conv'
it
ally pah
system which was a
bold and major initiative in
draft
onst c
co racts. This resulted in a
form which is adapta
in lump sum, design and
ed to
ble
build, or managem t procure
en neering and building works.
d for
i
The Engineering a
Con ru on Contra
what was first calle the ew Engine
hto draftingir
clean sheet'
cons
Institution
chaired by
Civil
o.
ers.
Barn
pare
of Coo
and
brand, London.
to
r+'
was
gi
Mar
aking one
purp
document suitable for traditional procurement,
c)or ma
gem t co acts. It was further claimed that it could be
ost t
s of civi engineering and building work, from largeably adapte fo
cale pr sect
mestic-sca work. Although drafted as a head contract, it
houg t that' could Iso be used as a sub-contract, thus providing the
s origi
II
tein b k to ack compa ' ility. The language of the form was such that it was
uitab le r use under UK law and also overseas.
terming
,.,
,-r
f fici
ad to fe
clauses kept
ity__s.V
v,'
fl,
n an
fl,
c>.
0-0
tfnent n the part of all parties: it was felt that there should be an end
to adve arial posturing by bringing into the contract an obligation for frank and open
discussion
lems as they arose, thereby minimising the risk of disputes
escalating to the point where time and costly overruns became inevitable. It was
further thought desirable to introduce incentives for good performance and early
completion.
3 Good m n
r(6
NEC3
in his 1994 Report. After listing what he considered G be d irab featu
should be present in all modern construction contra
he s ted
at
e app ach
of the New Engineering Contract is extremely
-acti e' a d t t it ontai <
'virtually all these assumptions of best practice'.
went
to ad ocate c tain
changes to the New Engineering Contract, so e
hish were as f Ilows:
ly
*u
cobble su
tors-sliold
in
available).
f'-
bus
tion
th
conce is
indicators a
thir
rt
opti s
ee increas
those dealina1with
0
a nsla
fl,
The publi
suite. Ne
w Engineerin hand on
ction Contract system comprises 23 documents,
which i
We ICE-C3, a short ontract, sub-contracts, a professional services contract,
an adjudicator's
erm services contract, and a framework agreement,
together with r
nce notes and comprehensive flow charts. NEC3 is
intended as a refer
ment, and contains Core clauses and Optional clauses.
in'
-0.
fl,
The
108
O..
rpm
The Core clauses are set out in nine Sections, and apply in all contracts. The core
clauses allow for a flexible amount of contractor design, enabling the form to be used
in traditional and design build procurement. The Main Option clauses constitute six
sets of clauses A to F, and one set will be added to the Core clauses to adapt the
NEC3
document to the type of contract requir
Quantities or Activity Schedule; Target
Management Contract). These Main 0
payment system. For convenience, ver
with each of the six Main Options ar
/xample
rice
Cot
eim
relat to
ase
3 with t e cor
+n.
The NEC3
is a
no
as
lauses. There
cer
K)
w
can
ted as required
part erin
y
rma
icators; advance
imita
o
bility for design;
ont c is
mp
delay
es; low performance
to ta'
e co
itions to the intended
piece of draft
or not
hic
ses
roblems
tense throughout is Iso r her disconce
attempting to nstr
its terms.
s
in
er inf
d has
to the
min
sum o o
def is
ou
is
h mea s that so
m
p_0
oncer
(o,
'vi
'
r"6
fl.
First, it is n
109
NEC3
le/and tRe
Os
rma
at c re.
ramvocu
is expre
unica
ntract,,
1ecanager
quired
notify t
contract
ntractor
lows
is
respons
is
of copyright are
Title to plant, eq pri eml and aterials is normally vested in the Contractor, but may
pass to the Empl er where t e Supervisor marks goods and materials as being 'for the
contract' (70). The s
f title is allocated a complete Section of the Core clauses.
2
Time
vii
Starting and completion arrangements are straightforward (30). Possession of the site,
access and use is subject to conditions (33).
110
NEC3
Programmes should be identified in the Contr
Project Manager by the contractor. If the c
25 per cent of any amount that would oth
until the contractor complies (50.3). T
Programmes may be revised subject to
The Project Manager is empowered to i
not started until instructed (34).
,for other
fails
ro
ue o the o n t r
a
b incl
ed is des
ue iostru
hi
defin'
The contract may stipulate ' y Dates
or
ge
complete. This allows the work f on cont
the Empl e hr
urre
dovetailed with that of anot
efault
ainst t
a key date can be claimed
ipa
upon certification b
Manag
the Proiect
art o
rtef the
whole site,
is
dependent
(35).
Where dela
i
accor
if the con
e delays (62).
rol
he early
NEC3
The contractor must arrange for access to Works, ma
Project Manager, Supervisor and others notified b
plant-(
_
ect NP-Qag
work o
t&
rch for-,defects
char
no r teren
obligation to assi
the b
efitxA co
to
ent,
Q..
,-+
4 Money
An Addend
ssential
saa Gra
takes acco
this affec
.-
mee
e Project
p
The
Vana(
oject Mana
any Emp
(Y2.2).
The date on
whit
e, and ea
meftx l.)-i).
aymen
is 21
(Y2.2).
If the Employer intends to withhold payment after the final date, he must notify the
contractor at least seven days before the final date, stating the amount he intends to
withhold and the grounds for so doing (Y2.3).
112
NEC3
Interest is payable on amounts due but npaid, and
Manager's certificate which is due but issue late. T e
in the Contract Data (51).
Suspension of performance by the cony fa
r
to make proper payment is treated as Comp
Y2.4).
There can be price adjustments fc(r
do
Option X1 (applicable only for Vain Opti
Adjustment Factor.
sa
n Eve
D)
culat
o1e
oykXfailure
inco
(60
orated by
under 6pplementary
ion
basis of
Price
Statutory obligations
tify t
do
not emised
corrects th Work
oul
e ill
form
al
'on
fl,
fl,
Pro' ct
hich
ec
ob
ried b
;),y0-r,.my
b ng ca
ied
vii
respe
(81).
Each
arty in
arisin
fro
ies th
n
ent
esp nsibil ties ar abled a d as stated in the Contract Data. Policies are to
in joi t names, a
en o
in the case of the contractor policies and
t to acceptance by the Project Manager. If the contractor fails
ployer may insure and charge to the contractor (85 and 86).
uranc
fl,
be
ils
Details of
7
(1)
es,
~.,
co
Termina
Valid reasons for termination by the Employer and by the contractor are set out in
Termination Table (90.2).
113
NEC3
Following the certificate, termination procedures ar
Termination Table.
The Employer may elect to complete the Works hi
and may use any plant or materials to which h
er co
8 Miscellaneous
Sch
su
ss o
ntract
ich
incorporated.
Secondary Option clauses ca beincor p rate to ma
for inflation (X1); changes i the l
2); m ulti e curr cies
+>,
r price adjustment
3); parent company
mpl ion (X5); bonus r ear
guarantee (X4); sectional
ompletion (X6); delay
damages (X7); partner' g (X ); p ormanc e onc
vanced payment to the
contractor (X14); limi do of ntra c
s de si ccii lia bi ty to using reasonable skill and
mag s (X17); limitation of liability
care (X15); retentio (X16). low erf or
c
(X18); key perfor
nce in
and aTditional onditions of contract (Z) may
be incorporated in whici
e stated i the Contract Data (option Z).
-Co
`dam
d into
e inc6rpora
les, a
Cont
9 Disput
met
dication
out in Options W1 and W2. Option W2
using Grants, Construction and Regeneration Act 1996
Alternative
tbeu
plies to
der`Qp
W1
the
etailed procedures
ksation TablLd Botion
Fs
'
final and binding unless and until referred to a further
to be arbitration or legal proceedings will presumably be
stated in the Contract Data. If arbitration, the procedures to be followed appear not
to be stated in the contract and would presumably be for the parties to agree.
The adjudicator
ecision
114
is
NEC3
This contract?
If considering using the NEC3 remember
tkt:
clause and
n be t
re
al
ci
Nkor
Thkre
di
s W
o a pa
this
pproac
lawy rs
on
ichme
nc
tia
orks Information
n be p
sented
in a
variety of
cted in a for
w6 this engineering provenance, there is no
hi ct or
a tity sur yor by profession. The key persons are the
ages the pr curement of the Works for the Employer; and
er,
who
certai responsibilities on site for the Employer with
sor,
to an
lect M
Supe
he or
who
releva
e has
entri
r.
fl-
Pr
,v
As m
refe er
ervices.
There
vii
115
NEC3
and
and
and
and
and
and
and
and
and
and
and
and
and
and
and
construction
construction
construction
construction
construction
construction
construction
construction
construction
construction
construction
c22222-,,
contract
contract A: Priced contract
contract B: Priced contrac
contract C: Target contra
contract D: Target contract
contract E: Cost
contract F: Manag
contract: Guidan
contract: FlowKhart
subcontract
short subco
professional services contrac
professional services contract:
construction short
construction sho
Adjudicator's contract
Adjudicator's contract: guidance
Term services contract
Term services contract: gui
Term services contract: fl
Framework contract
Framework contract:
Procurement and co
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Engineering
Commentary (rela
Brian Egglesto
The NEC3 E
Blackwell P,
116
Coma rcia
Association of Cons
ACA Form of Building Agrgement 1,992
hir
200 Edition
(Do
3.O
Just what constitutes a shorter form is arguable. For the purposes of this book, contracts which are
comparatively brief and easy to handle in terms of administration are included under this heading.
This need not necessarily imply that they are solely for smaller works nor indeed only suitable for
lump sum contracts.5ee also Chapter 8 below, in which short forms which are more likely to be
categorised as consumer contracts are covered.
118
JCT IC05/ICD05
Intermediate Buildi
Background
With the introduction of a then
0
he Standard
oplii
Form of Building Contract (JCT ),m
a hi
s fel
ked a contract
suitable for middle range jobs. he RIBA ex
s d t
on
in October 1981
the JCT set up a working pa
o epar
'in me 'a
for With considerable
input from constituent both
rti ar th
the
n of District Councils
oc'
and the Association of Me
o lita
ut rities,
nterm
ate Form appeared in
i
September 1984.
of 12 Am
h was to meet many of the
recommendations adeinf h4atham R ort o
94-*corporation of Amendment
12 ensured compl nce with Part II o
Hod ng Grants, Construction and
Regeneration
19 6 in Stpect of kdj_
a d payment provisions.
IFC84 was the subje
The 1998
IFC84. Th
have be n
.-+
Contract
which is
tion
nterni iate F
as basically a consolidated version of
most
entitled the Intermediate Building
n twos versa
orporates m ny significant changes, the scope of
ilar t rthM for SK05. T
'r provisions for naming sub-contractors
retained.
m iate uildi Contract ifs now published in two versions, one 'with
ision for the contractor to design an identified
tracto ' d sign' which
ort IN of th Work (ICD05), ar one which does not (IC05). In all other respects the
verz ins a e id enti al, therefore the points raised below can be assumed to apply to
bot version unle Vindicated otherwise.
am=
e Int
v_0
n,.
versions
ICD05 version an
-l,
Q-0
,-+
The Intermediate Building Contract has the virtue of relative brevity, a clear layout and
commendably easy cross-referencing. Although the wording of the clauses is of
necessity truncated in parts, the Conditions should be adequate for the foreseeable
circumstances of most middle range projects. The introduction of the ICD05 version
119
JCT IC05/ICD05
,-r
for sfiiWili
r-+
Oo'
,-r
c,_.
-+,
JCT Practice
projects and it
v.-+
n-0
the nature
e new Prac
suit
ty isr ica`t
ya
act de?iQd not ex'ceeN
assfu
ich sh
does
the'
its suggested.
0 'siderably larger
ica
mate determinant.
any limits in value
1ong`6,QTKkn
e use
tract value
12 months,
the
or period.
ICD05 lists an additional crite ion fd suitabilit
part
contractor is to design
that design have be n detai
r on
!e t
to Articles
e Co
tract Do
me
ract Doc
ents as being the Contract Drawings,
ent or
e pecification. Where a sub-contractor is
s are also t
be included. For the ICD05 version, the
elude Employer's Requirements, Contractor's Proposals
CS'
d a ODP-4halvsis.
There is a provision for sectional completion, and if partial possession before practical
completion is required, then clause 2.25 provides for this.
120
JCT IC05/ICD05
The contractor
included
in acc r
d stat
or
Co tracl
ith the
equirements
Designed
integration
d.
winged
other'
to`Pain th
2.10.
ments it prepares in
Contractor's Proposals
when necessary' or as
on
pe case o
ve priArity
O+'
fticulars for
13.1}
Apndix
ce
,N+
act bH&,
plicable; he co
to
ecital and clad
reasonab
Infor
O73
(CD
(110
The CDM
121
JCT IC05/ICD05
CoZe a Partl .i
iol
on r be
.-+
N-0
O_3
Dates
-'.
'-'
.-.
t ex
Notice of delay must be given in writ hg by t
acto
the Works (on
any information
any Section) appears likely to be
u st
e con
reasonably necessary (2.19.4) he Arch
cons
we pletion date and
as he or she is able
to notify the contractor of hi s or her e ision,
riting,
it is stated, this must
to see the effect on comple on (2 9.1 Although
time
be within a reasonable time Relev nt 'event ' are
for, which the Architect is
nsions up to 12 weeks
empowered to make n
on
0). Re Xew
beyond practical co pletion
etion
ink
to
may
clucte
ils
rtified by
rectifdefects
(2.21).
-30) unless the Employer decides
.,this
is
IpioY,(
p ssible
122
JCT IC05/ICD05
CWa/P&T, CWa/F, SCWa/F and SCWa/P&T.
relation to the Employer, although this is
te JCT Also p
referYed to/iq_the orm.
subrovisi
or re firing
All sub-contractors are domestic. There i
ating to
e ork (3.7). T,14e proy cans
contractor to execute identified parts
requ
the se of e standard
named sub-contractors are set out in chedu
roug naming the
methods
ailable,
form sub-contract ICSub/NAM/A. T
ru
n regardi
a provisional
or an
sub-contractor in the Contract Do
for
o
ICSu
sum. Both require the use
ICSub/NAM/T.
i
fen
`1,
ee n
s, and sbl h
There is no provision for a is
es offer
necessary. However, the N SSma
ersio
care should be taken to state at this
sub-
LAC
t pers
or m teria
not co-r4efm to he contract, the Architect may order
Instructions re empowered concerning inspection
vaI fro
the ite`
there
a
par
elpful provision concerning similar work
x,(3.14
/s
kh may be s, spect
owing established failure (3.15).
ft
Aled
rt..
iting
stponeme
is in
possess]
in
Co
ontra
or fluctuations (4.15 and 4.16). These are limited to tax etc.
chedule 4).
ums have been included, instructions must be given (3.13).
SMM7 applies, to distinguish between defined and undefined
this is partj ularly important where a provisional sum has been included for
contr
work (Schedule 2, paragraph 5).
ronal
ed,
ro
O-0
123
JCT IC05/ICD05
e` stag
is 5
(4*6 -mot
r ce
05 cles n
unle
use
an
ter
'retention').
ulatior(s (41 ).
Interim Certificates show the amount due and state
e
Within five days of issue, the Employer must otify the
ust
amount of payment it intends to make (4.8)
enn to
ction,
t
ro
be clearly stated in a written notice whic also is
fore
for final
and this must be given to the contractor of less tha
to
ue
the Interim
payment. The final date for payment
ays
1ved
ve
Certificate, and if no valid notices
e Empl
ent in full
t wi
ctintei st of 5 per cent
is required. Failure to pay by the fina
to for'
iaht t u
n work (4.11).
over current base rate, and can give the ontrac
n-0
r-
-Q!
+..
v,'
Z=+,
erim
(4.9
date-of-isfic
preparatio
f a
count after practical
is a precise timescale or t
completion (4.13.1). Issof t Fina ertificat is wi
ays of sending the final
account to the Con
or ertify
that defe is have been made good,
whichever is the lat
There
alGertificate wi
ate,
is
28`dAys fro
the
igatio
tractor' duty t
1). T
ly
con racto
2 3).
contra-c
)uirement
truct
ha
ion
(2.15.3)_
carry out limited work for emergency compliance and
to be valued accordingly (2.16).
Q(D
The contractor is c-orAQct&ally obliged to comply with the CDM Regulations and
particularly, where the project is notifiable, to comply with duties in relation to the
Construction Phase Plan and the Health and Safety File (3.9).
6 Insurance
What
124
JCT IC05/ICD05
.-+
dt
to
ecki
bnal in'
.-+
The contractor
uei t
for
,1 a
or
6 2).
ian
vii
Insurance of existi
(Schedule 1 Opon
although still
or is
detai
e
can
Emplor (Sch
ctures and
united to
nd
tents
str
the
uired to
isks vJ
vii
ploye
rry
prosional
Contract
m Fire
thdrawn and
is
inati
ploy
specified defaul
notice is rca-uired
ate the co
If the Emproy
ecides to terminate the contractor's employment, the respective
rights and duties of the parties concerning payment, removal and completion are set
out in detail in clauses 8.7 and 8.8.
The contractor is allowed to terminate its own employment for specified defaults of
the Employer (8.9) or in the event of the insolvency of the Employer (8.10).
125
JCT IC0511CD05
Either party can terminate the employment of the con
listet neutr ca
(811).
The respective rights and duties of the parties co qrning-ymeniremova
0
8.1 1 are se out in d*,tai
completion following termination under clause
clause (8.12).
8 Miscellaneous
There
is
There
is
Arch i
quities.
Contract Sum Analysis (Sec
(original series, green cgver)
cital) is define.
seful ex
ITa n
2.5).
9 Disputes
d Regeneration
durO
isions
The parties agree that either may appeal to the courts on a question of law (9.7).
126
JCT IC05/ICD05
Where the Contract Particulars do not indica
then Article 9, legal proceedings, will auto
rticle
apply'
127
JCT IC05/ICD05
(-1
This contract?
If considering using IC05 or ICD05 remember tha
Q30
L.0
rA
quan%
sAai
site
sisin
A-4
-+,
too
i-+
is
eyor.
+`J
S`<
ntrac
be n
are two procedures. The first
ed, anc the
requires the naming
ay seem inflexible but brings greater
be pre-con fact an
certainty. Th rsecon a
ming urih construction and is covered in the
s for
contract by provisiona
m: n bot
b-contractors are domestic and the
es the
responsibi ity oft e
icated documents is mandatory with
in C tra
r. Use of d
named s -contr for As e mai contr for is not responsible for named subcontractor d iqn, e ployer should be
ised to use an ICSub/NAM/E agreement
for
ch na
d
b-contr for involved in some design relating to their work.
(Do-
^.,.
-+-
a pz etin
the
rm"ossessid
Orm,
de
at.
L~'
W en
,n-
,-+
5-.
L.0
Wo'
0j1
tom
If acting as contract administrator note that while the procedural rules are less
demanding than those for SBC05, care is needed to make sure that action is taken
within a reasonable time even though no time limit is stated. This is particularly so
concerning named sub-contractors.
128
U'7
-43
Amendments are issued by the JCT from time to time. The form is available on disk.
The RIBA publishes contract administration forms for IC05 and ICD05.
JCT IC05/ICD05
(lD
nonOnO
p>>
Intermediate Building Co
Intermediate Buildin Sub
129
JCT
MW05/MWD05
N
vrk
ea
The Agreement for Minor Building Works,
for minor building operations and mai tenarse
Form of Building Contract (then JCT63) as clearly i
long, compared with nearly 40 pag
t oe
with bills of quantities, and was sta.
suita
not exceed 8,000.
fn
in
whi
op
Fo=t w
here th
1963 Standard
the 1970s the RIBA, consci
nae
ew, simpler 'short
Form and the Minor Works 4greement,; set
approve
with acclamation in
form' of building contract. IBA C
June 1978. The aim was fo a fo
page contra_t
itions written in plain
v un r eight h
English and structured
accepted the proposal
in principle, but the re po
heicar vrking
ip w to-draft a new 1980 version
nifica
nce,
wever, and this was the first
of the Minor Works rm. It
rranged under ection headings. Incidentally
time that Conditio in JCT
resu
ce in the, rafting of IFC84.
the 'short form' oncept
vii
In
tai
Ament
In
11
Ame
tructio
ildin
e last
egern
orks w
2005 the
J CT
of
91nzb4 f
s, a
vii
Q.;
'"*
The 2005 editio s also con in some other changes. The format, sequence, clause
numbering and ter
y have been revised, and the language used has been
clarified throughout. There is a new Contract Particulars Section at the start of the
Form. The Scheme for Construction Contracts has replaced the JCT's own adjudication
provisions, and legal proceedings, rather than adjudication, are now the default
mechanism for the final resolution of disputes.
130
JCT
MW05/MWD05
all pr
en
cts.
uraq
vim,
73+
ice for
ands
but the
nclWe,,- ur
thon
t un
aears on
fl)
fl,
in the G
fl,
use
et o
relativ
ressWstated
?minim
sum. T
or
fluctuations provis
tr ctor' design' version, unlike SBC05 and IC05, contains very brief
provision relating to hat design, and does not include requirements for approving
design info
do
or for the contractor to carry Professional Indemnity Insurance.
MWD05 should therefore only be used where the design input is limited, and should
never be used for design-build procurement.
,-+
The 'with
fl,
fl,
JCT
MW05/MWD05
ohis cobra
rey
nt
nsumer
Rgula ns
the c
or
oil
(SI
umer, or
tractscially
4/31
o which
might apply
mer should
d for use by
consultant has
Synopsis
1
Intentions
lete t
whe
Contract Document
requirements (2.1
e Contr
or
is
is
reasonably`Rec
ary
itect
(5,
ny
MW, 05 only).
furt
-4 in MWD05).
nsisten'
eated as
s ir1
'variatio
(2.5.1).
rxa 0
i l
arty uncle
to
The,
erest
Time
The Works may be commenced on and shall be completed by dates to be inserted in
the Contract Particulars (2.2 or 2.3).
The contractor is to notify the Architect if completion by the stated date is unlikely,
for reasons which are not within the contractor's control (2.7 or 2.8).
132
JCT
MW05/MWD05
chit V (2
eferi-M
,-
ssior
s_r
ate..
lige
tify
period m b sta
ian ha
en
ha
Yentitle'dc
tract P,,i i.cu
for p
sectional completion.
nt witbeut Written c
itten konsent to subwcd
ract is
erson' Ts to
ion fdr a cl
e &,Qo pro
fl-
ote h Veve
s Ver: on su
'"'
provisi
oved fi
mall
-a,
(Dg
The Contract-S-fm is
is fixe price (4.10) except for limited fluctuations (tax etc.) provided for
by Schedule 2-(4.11). A percentage addition entry is required in the Contract
Particulars. (If none, NIL is entered.)
0-)
Instructions must be given if provisional sums are included (3.7). The cost of variations
is either to be agreed in advance or valued (3.6).
133
JCT
MW05/MWD05
different figure
is
Archi
per ce)
entered).
s of
he mod
Certificates of Progress Payment will
n
the
ou
nt
ntr for
calculations (4.3). The Employer must
intends
not
than
five
a
e
is
of
te.
Any
he
to pay
later
days
t
ttene
intention to withhold or deduct sum must e g
by
o
and the
is n tice
grounds for such intention must b
rf7state
t be iven to the
date
final date for
aymen
contractor no less than five days
valid notices
14
from
issue
te,
nd
if
o
is
days
th
e
date
t
rtifi
payment
e to
the final date for
have been given, then paym e '
ull
quire
the cu
se ra
and can also give
payment will attract interest f 5 per ce
4.7).
the contractor a valid right to stop wo
i
A penultimate certificate
releasing all
is
to belissued withi4
t half Ne
outstandimo
is to b issu
with 28 ys of either issue of the certificate
signifying comple on of
king bO_the eects, or the contractor submitting all
necessary infor
8.1). The ntractor is given three months
tion fo the f al a
(unless a different "ciure is
ted in he Contrac
iculars) from the date of practical
this.
completion t
Certifkat'e with
's apply to th`eFi
The fi a
to f
ent in this
ue of e Fi al C tificat
r,
Q-1
ations
s
the contkactor's
n-6t
contractor
is
require
to not
is
S
i
obliged to omply with the CDM regulations and particularly, where
the project is note
e
comply with duties in relation to the Construction Phase
Plan and the Health and Safety File (3.9).
The contractor
6 Insurance
134
JCT
MW05/MWD05
minimum cover as
contractual obligati
Particulars (5.3).
The contractor is obliged to arrange insur
damage by perils specified in clause 5should be inserted.
The contractorKnay
Either party
suspended
The resp
the Condit
JCT
MW05/MWD05
Schedule
apply.
Arbitration
is to be conducted in accordanc
Construction Industry Model Arbitration Rul
136
Editi
JCT
MW05/MWD05
This contract?
If considering using MW05 or MWD05
emb
tha
his
ea
r'
use
or Wo
fd
is
JvailWe.
If acting as contra
adrri rtyistrato , not that Ithough the Conditions are likely to
prove ad uate f a r mo
itu ions, should th nature of the work require it, then it
might b advisa le t clari the` cedural les pre-contract, especially if working
with
con
Am ndmeri
T
RIBA
the fi t tim
ctor
r
ublis
sued
the
fro
time to time. The form is available on disk.
sc tract o ministr tion forms for MW05/MWD05.
at
98 was Appropriate for contracts up to 100,000 (2001
was so ti es used incautiously well beyond this. The new JCT
ic Note doe not suggest a limit in value for MW05, but it is unlikely to be
fo large ojects. Although the conditions are clearly worded and the
are b f and easy to administer, it should be remembered that the
Ded
aLru
p
ition to those expressly in the contract.
d-w may imp
er
in a
e JCT'su gg
pri
in va
ted
but
sle
fl-
The
suited to commercial rather than domestic work where
t-hpre-ifa'n be p oble s with the client remaining in occupation. For slightly larger
se wh ch require more comprehensive conditions, then IC05 might be
projects, or
a safer
For
nice.
ork on domestic projects, perhaps consumer contracts, then the
JCT forms o
e owners might be more applicable. The Minor Works Agreement
in
has featured
a surprising number of court cases, often due to use beyond its
intended limits or because of careless administration, and a RIBA expert has
commented that although it appears to be a favourite with the profession, at the
same time it appears to be little understood. It has limitations, particularly concerning
the design insurance and determination provisions, and needs to be treated with
respect and administered with diligence.
E
137
JCT
MW05/MWD05
References
Practice Note JCT: Deciding on the Appropriate JCT
Commentaries
David Chappell
The JCT Minor Works Building Contract
3rd edn, Blackwell Science (2006)
Sarah Lupton
Guide to MW05
RIBA Publishing (forthcoming)
David Chappell
138
JCT RM06
ployers w o ha
undertaken from me to
in the 6
would be reasona y exp rienced in co
use by home owner
does no
and
is inte
for w
ich
bu
u re
role of
contract administrator.
fferen
Mea
ntract,
ition
for
the
with
re
ixtu
k mea
as
lativ y sh
running o 18 pages in total. Unusually for JCT contracts,
safo rm of in tatio to Tender, and a form of Tender. It also includes
Contract Particula r , and a g
ance note, together with 6 pages of conditions
ge un der
ven Sections. In contrast to the contract for Home Repairs and
tenanc this cwract follows the format of the 2005/2006 suite
he
06o
is
ai
All the etails regar ing the work to be carried out and the information required
under t
ontra Particulars must be sent to the contractor at time of tender. In
particular, the contractor must be told on which basis it is to price the work, as a lump
sum and/or a schedule of rates, and the start and completion dates for the Works.
+"'
The contract will come into existence after the contractor has completed and returned
the Tender form, and the Employer has accepted that tender. The completed tender,
signed by the Employer and returned to the Contractor, is the evidence that
139
JCT RM06
O_'
or reals, acle
anclotethe
r,
06
in-Nhich ise th
fl,
ts,
not com
vh ith
Synopsis
1
Intentions
orry out
Works`
a regular, diligent and
islati n' (2.1).
carried
Pa rti
further infor.
bliged,
o car
epted
jes, these w,
work ma
a n
is
delayed for
reason
its contr
ici,rfor
liq
dated damages.
Control
There
140
is
no bar to assignment.
JCT RM06
is no provision for naming or listing
included in the specification.
There
representati
Works' (3.4).
4 Money
The contract may be let on a lu
combination of these.
s,
or failing agreement
fered (3.5).
Payment may be b
contractor is to inv
days of the invice
On comple
(4.4), whi
The con
or is to demnify the Employer in respect of personal injury or death, or
damag to property ther than the Works caused by its own negligence (5.1 and 5.2).
This is to-15 bac
by insurance, and an entry in the Contract Particulars will state
the minimum cover (5.4.2).
i
is
(5.4.2).
141
JCT RM06
7
Termination
Each party is entitled to
implied.
9 Disputes
re eit
Th
'
O-0
th
Related matters
Documents
Repair and Maintenance Contract (Commercial) 2006 edition (includes a Guidance Note)
142
ACA Form
Association of Consultant Archite
byye
(DD
fl,
a f,
he
rm
w hfch
contraan
0-
produce
architect
that the
'-{.
A ontracworkin
claimed that their intention was to
wa 'a flex
y balanced contract for an efficient
rking th a.
efficient client'. Early criticism was
rm w
fted u ilate
any contribu tion from contractors.
Indeed the
rmer 'Nation Fedel tion of Building Trades Employers advised its
ter int contra/is u g the ACA Form. However, it has been used
vii
obs, in ding fast-track projects. Major client bodies
essfully on
variet
t
ye
us
withou
problems, and the British Property Federation
pear
orm
opera
a
fthef, rm suitable for use under the BPF System of
o
ocremen hich vas not vJithdfawn until 1998.
At the outset
*r
^'+
viin
is little evid
ce of problems with the form, and no body of case law has yet
built upmay
that the ACA members using the form are, in line with the
nefficie architects working with efficient contractors.
The ACA has continued in its progressive and non-traditional path and recently
launched the first standard partnering contract. (See Chapter 13 below for further
details on PPC2000.)
Nature
fl..
is a
ACA Form
Sections in which the clauses of the Conditions ar
are Vouped his
Agreement which includes alternative clauses relat gto t
appointed; who will be responsible for the pre aratio of
details; and whether the Works are to be compkte in Sec
is
olloW
s a
t otRer-forms
contractor of his
ement,
maticA
ontract th
ablis
iablefbdthe
ign
ofthe'
ible, th
e are
the
rnati
wher
the job is
1the job
-0.
Q..
..
"e
r
suggested IT t
suits e. It app
can be
ed w h
surveyor '
ted. It an b
and where contr
inistr
Th re is
>.-
144
N-0
ms's
The contract ca
fixed rice, or fluctuations based on an ACA index can be
incorporated. The form may be used as a traditional work and materials contract, or
the contractor may be required to accept a measure of responsibility for design and
the provision of drawings. The flexibility in the document is made possible only by the
introduction of alternative clauses, and great care is needed to ensure that the
intended alternatives are clearly evident.
ACA Form
The Third Edition takes account of the Housing
Act 1996 (Part II).
onstru
on anit
Regg
.-r
Alternative 1) or may be
t he A
The drawings may b supplied sblely
takes responsibility
details
fo
hich
cohtractor
supplemented by dr wing,
2 in clause F of the
r
Alte
ative
1
or
is
will
Iso
be
evident
(2.1 Alternative 2). T
Agreement.
`r
ons)ble for-the
hd vvarrts con)
is res
him,
racy
ance
purpo
is to
e Schk
phas
w
ers e
i4ortant
alloor
ns.
mployerto
,-+
Se
'ob.
permit o
r''
+-.
,-+
ACA Form
adjustment to the Contract Sum as
(1
1.8 and
result, and
1.9).
fl,
a re reag_y
`itract
Lis
cate r issu
WoN,s rea
es may menpec
allow the
sted
for
the
ertot
ueofaTac
Control
either party r
om this
is and
ney is
work by t
actors
ne,al
r
or
pro
"sable
0.)
full-tine
e
sl
r y is
I
Facilities are to b
fl,
`s
contractor is clearly
kks
to the Works
146
--0
_+.
far
Instructions and notices given by the Architect must be in writing (23.1) although the
contract does allow for oral instructions in an emergency, provided these are
confirmed in writing (8.3). Matters on which the Architect is empowered to issue
instructions are conveniently listed, and include removal of work or materials from the
ACA Form
site, dismissal from the Works, opening up
connected with the Works'. Immediate c
required (8 1).
fg varia ns, a
'an
by ;V con
ctor
4 Money
The Contract Sum may be adjusted in
will become the 'Final Contract Su-m
Agreement, and 15.1).
is
cordance
oth , re e
named i
iEtions
flucf
rally
'
e inclu
ction with
cto rs
rah
fl,
of
(if appropriate)
7.3
is to the co
stage
ractorrill
rnative
the
ting th
and
ap
17.2,
comMance kan st
r ach
h
B)
(16.1).
not
.-+
Sched le
evi
0-O
t
mplo
p
contractor written of
ian five
da s
vrkg
oex.i tithe
is 10 day
fl,
nt
tion,
,-+
appli
Retention of 5-p7cent will normally be retained by the Employer, and in the case of
private employers will be placed in a separate bank account without obligation to the
contractor for interest gained (16.4).
fl,
-c-
The contractor has 60 working days following the expiry of the Maintenance Period
within which to submit a final account (19-1). The Architect is required to issue the
147
ACA Form
Final Certificate
on
vvRc
lowince
Statutory obligations
Unless instructed to the contrary, the c
requirements and to make applicatio
tracts Ngui
give rCotic
to c
p`aees
ct
ing
d statutory
uean instruction
e also assumes
(2.5).
articular contractual
and safety (26). These
pect of the Health and
6 Insurance
In respect
of per
the contractor g
to the extent
nal inj ry or
Rs
eat
oyer a
the
mployer
i,psurar e
ver ag
tract, althou
ernativ`
ate saecifi
ditidnaKnsurance
erty (other than the
nuis
("
here there
).
The contract includes for termination by the Employer for stated reasons of default.
The last one is simply where the contractor 'shall otherwise be in breach' of the
agreement (20.1). The Employer is to serve a default notice, which may be followed
by a termination notice. A dispute over this may be referred to adjudication (20.1).
148
ACA Form
The contract also includes for termination bf the c tract
for `s
default by the Employer. A default notice
n
may b issu
to e
termination notice. Adjudication may be ed
disn
re th re is
w4
theucontrattor's
ons 6f
ed
motion
(2
tinghe c
em'ployme
en
8 Miscellaneous
There is an optional
obstructions on the s
s"t
Clause
be deleted and
the contract.
clau
ill
sub stituted w
li
ie
is
advicy the
ers are
ess
ed
to site (10.3).
AI
greer
liation (2
native
7-.>
ne
(Alternative 2) (25C).
sions relating to litigation and arbitration depending on
is English law or Scots law (25-11).
w of the contract
--+
Under the Housing Grants, Construction and Regeneration Act 1996 (Part II) the
parties have the right to refer any difference or dispute to adjudication. The
adjudicator may be named in the Agreement, or be otherwise appointed in
accordance with the CIC Model Adjudication Procedure (25.5).
149
ACA Form
Adjudication is to be conducted according to the CIC
and the adjudicator's decision will be final and bi
finally determined by arbitration or in the courts
150
ACA Form
This contract?
If considering using the ACA form reme
It is intended for lump sum contracts,
e used rega
though
certain clauses may need to be delet
if th
ryer is
6tho . It may be
used with or without a bill of qua titles. W
needs
fully
'signed and
reasonably well documented at to de r
g
Itho
re is altern 'tive provision
for further detailing by either the
chi ct
the
ctor. j6 ossession and
completion may be in respect f a single
ct
od
onal completion
in accordance with a Time S
Th
plo
is q red t
ppoint an architect
or Supervising Officer, and
iQ a
tity surv
relating to litigation a
law of Northern Irel nd.
A notable feature
most situations, for
including dra
insurance of, the
payment p riodic
Sections. he fo
contract s, de n
ooi
is lam
ila
itra
his the
ran'
relating to
-u C on
at
edli'
cur'rts;
cedure 1998:
ompl ing
binati
co
',Of
ility
uires p
f alter
di
inistr
r is
151
ACA Form
Notes
152
GC/Works/2
The Stationery Office
GC,/Works/2 (1998
This is sub-titled as a Contract for uildi
Civil
a
Works, but it
is more in the nature of an int
ndin
rm
e major works
GC/Works/1 form and the G
orks/4 s m a
ks c
ded for contracts
act.
of between f25,000 and f2
in v
e, an
or
litio works of any value.
It replaces the former G
ks C1010 (1990).
0) a
e old s
eraKo-rrdition
,-+
0-D
'ral
Codditiotfs
some 45 p es and follow the well established
atter o clear Araphi`c
raightforward language and standard
he Introdu ion a
ontents list are followed by the Conditions of
4$, structi red L/ndE
e headings.
E
fl'
he
C/Woi`Fks for
there is a very useful Schedule of Time Limits
ndex. se of the odel Forms is essential. Model Form 1 contains
d endum; Model Form 2 is an Invitation to Tender
ti ulars an
wings; Model 3 is a Tender and Tender Price Form; Model Form
4 car7ies
urance Documents; Model Form 5 is a Performance Bond; Model
any Contract Performance Guarantee; Model Form 7 relates
djudicator; and Model Form 8 is an 'Order to Proceed'.
eat
Sotfie A p p o
The latter is in e ct
`struction to the contractor to proceed with the Works on
specifOd-d`tg. Th e is no separate Contract Agreement.
E
Use
.-+
,-+
GC/Worh1Z has rel ively limited provisions, but almost certainly adequate for the kind
of operations intended. As stated in the Commentary it is necessary when considering
a choice of this form compared with, say, GC/Works/1, to establish whether certain
features (e.g. sectional completion) are contractual requirements. If so, then this less
comprehensive document might not prove suitable. The choice must be determined
by the circumstances, the nature of the project, and the balance of risks to be covered.
153
GC/Works/2
As there is no formal Contract Agreement, a contract
when the Employer signifies acceptance of the contr,
houl
e in
writing to bring certainty to the arrangement, pa
as
alm
invariably be a 'construction contract' as defined in
Grant , Constr tion
and Regeneration Act 1996 (Part II). GQWork
no provisioh for a q n
surveyor, but a Project Manager and Planni
Super or
ould b-q na ed in
Abstract of Particulars, and the name of an a iudicator d a arbitr or may
be entered.
r*llt
Synopsis
1
Intentions
A fair dealings provision
is
include
act Documents
described in the
ified or additional
s
e sati
dditio-naL_
to
be executed
in
nager (19).
misunderstanding
or for in
ication and rawin
by
agreeme
concluded by tender, acceptance,
Spec 'cation and drawings, etc., all taken
pancy, th e a detailed hierarchy (2).
Sri
ticula
er d raw'
e to lone
ion
is
apl
Tng t
give
e co
ate,
154
GC/Works/2
Defects which appear in the Maintenance Pe,
must be made good to the satisfaction of th
Manager.
There is no provision for subEmployer or Project Manager.
i
riti
is
nor
er
e
r
pri
t setti
ter
f ecessary,
including
on wi
e v ued
herever practicable by prior
rele nt ch
r aywork, or by the Project
e
s, and will
clude r disruption or prolongation costs
ri
repre
and
an
out,
byeon
on any
truc
to t
tive ar
ctor where
contractor's person-in-charge.
empowered to order tests, and the
ings are not in accordance with the
contract
Th
Contra
Sum it defined
is
contract
-.-0
.-r
The co ractor may,fiave to allow credit for old materials. 97 per cent of the value of
work execu
value of Things for incorporation will be paid during progress of
the Works (30).
On completion, the contractor can expect to be paid what the Employer estimates the
Final Sum to be, less half the retention (31 [11).
155
GC/Works/2
The Project Manager will send the contractor a draft fi al acc nt
hin si
after completion, which is certified by the Project Ma ger. T e Fi=orv
will b aid
when the Project Manager certifies that the Works
in a
tisfa
ate
lowin
the Maintenance Period (31).
((D
ants,
d u res.
Statutory obligations
The contractor is required to give all not es, pay a
supply all drawings required to s
suN noti
obligations (6). This includes the C
ions.
wit
6 Insurance
main iin
a
insure'iRhint
tractor
v+
is r
ponsi
d o inse
plus profess
The cont
damage
(5[21 and 8).
'Employe is fb"t
ctur
d may e
oyer has
Matters followin determinat' n (payment, completion, removal, etc.) are dealt with
ro'e Manager must certify the cost of completion.
in Condition 39. T
fl,
The contractor may determine the contract for specific grounds, including insolvency
of the Employer (40).
156
fl,
Either party may determine the contract following suspension of the whole or
substantially the whole of the Works (41).
GC/Works/2
8 Miscellaneous
is
included (1).
of the
tir
protg6on
(7) and
(16), passes
ns.
9 Disputes
Arbitration
given wide
isgi* as
he
res`glutio"6 of
is
157
GC/Works/2
This contract?
If considering using GC/Works/2 remember that:
It is intended for use when lump sum tende
g invited
drawings and a Specification only. Its use is no onger
d to ce(ral govern
nagerrWho is g
departments. The Employer is required to ap int a Pro
considerable powers to act for the Emplo
ct t,exclu d
tters whit
qu tity s
be listed in the Abstract of Particulars. Th
ilit , the
and functions normally ascribed to him re the resp
The form may be used in England a
or under Scots law. The arbitration rovisi
or
oprXi
the law
the
la
Condition 43.
The Conditions are general, a
r ra rtrs'L
in tailoring the contract to t
nature of he int ded
sectional completion. Ther is no pro Ision for n
suppliers by the Employer. T e tw volume pr
ti.
Model Forms should
std as ome o the
supplemental to th
informative.
mmeotary
of sub-contractors or
mprehensive, and the
information which is
practical and particularly
the
for
pro
r
wh is has m y fe ures not found in other short forms. The
substantial d cument w N& can cover a wide range of work which
is t o comp
fo C-to u s/ 4, but not justifying use of GC/Works/1. It may also be
se n as an al ernative
si nb-JCT forms MW98 and IFC98.
This
is
result
an
i
active'
fai r
Rela
Docume
GC/Works/2 (1998) C
Conditions, Mode
158
GC/Works/4
The Stationery Office
GC/Works/4 (1998,
Background
=00
It is published as a two vo
Commentary. The former ind
A fair d
on
is
included
(1
A).
Conditiprevail
=otract
contractor responsible for care of site and Works, including sole responsibility for
protection, security, lighting, and watching over the site and Works (5).
159
GC/Works/4
Contractor indemnifies Employer in respect of any los
work under the contract (6). There is no provision f
gage wni
nce irrthis
'state
toeed.
withou
There
is
no provision
f
tructi
contract
basis
ovisions re
provtsion or pr
ion and di
the WoTks_01
e contract/price (t
stat
the event of
to time, the contractor may be liable for liquidated
damages, or damages at large as stated in the Abstract of Particulars (26).
In
The Employer has the right to determine the contract for specified grounds,
including insolvency of the contractor (27).
The contractor has no rights to determine the contract.
160
GC,/Works/4
Adjudication is the only provision for resolv,,
adjudicator is binding until finally determin
include for arbitration. Alternatively the p
the adjudicator as final determination.
tratAn. but-the f6
agdee to
*cep
he de
This contract?
ed on the basis of
fined to government
relevant to the private
under Condition 24). The
ere is no stated function for
do
ions a rela
riend althoug limited, are adequate for most small
Partic ars bec
important document. The two volume
,Abstra
acti ly presente, althoUd
erhaps a trifle over-sophisticated for this class
eP
ntract
tern'
Form
inistrNtio
y is typical
infesting
form
other
era
(1998) Contra t for Building and Civil Engineering, Mechanical and Electrical Small Works
mes: Gene
Conditions; Model Forms and Commentary
161
prbed
93
at frst
Although the New Engineering Con r
the Lat
f pro
which could be used across the wh le spe
ume
ch
the need for 'a simpler and shorter inor w
a contract
eport stated
a document, the
99 as one of the
d in
the ew NEC3 suite of
was
Engineering and Construction
as
NEC family. The form has n w been re
uide wftb flow Chart
documents. There is a usef
,-r
more
mages; inte/est on
h with
ke
udicafor an
incor
igatio
onditions
loyer's
ntract of
ply
indicate wheth
nce: si ped and dated. The offer and acceptance bring about the
u rse.
Lit; a--cchedule
thquant
onthe
Wor
The Conditions of contract, which occupy only 11 pages, are set out in a similar
although not identical way to those in the major form. The clauses are of necessity
briefer than those in the major contract, and some provisions are omitted entirely,
162
NEC3 (Short
contract)
e(e is no
e E
rrk
Sta n
cumen
consistent with other
hic
is generally attractive. The only provi tons
peNe
demanding in terms of manage nt
Compensation Events, which are
p
mily/,
terminology
is
rd, the
balance
articularly
oncern the
ajor form.
Housing Grants,
ditions, there are
icular contract is a
then the payment
es,
whic
art
construction contract to
Contracts
Construction
nti
,
unle
provisions would also
Construction
ineering
and
Add
ndu
Y(U
K)
The
cl
uses
in
is left to apply.
e in the Contract Data. The
ncorpora
by r
Contract could be a a pted
ontra
is
(Rights of Third Parties) Act
ich
t
kes
account
o
Y(UK)3
Addendum
stated
to be applicable to the
ra
t&d,
and
tl
o
1999 may also
short contract
The contract as printed does, no
Construction and Regenera on
replacement clauses conc iing a
11
ontra
as
i~sticat
een
proc
ecifi
estrictioi on
natur
u res
tl
tio`
arties ac
erms use
(1
is
1).
The Employer must allow the contractor access and use of the site (note: not
necessarily possession), and provide the services stated in the Works Information (14).
Early warning is a significant requirement in the contract (15).
163
NEC3 (Short
2
contract)
Time
Starting date and completion date are entered in
may not start before, and completion may be on or
The contractor must submit
each week (30.2).
The
n
dat
forecast of th
on (31).
e as req
=Q3
events,
constitute
Where delay occurs due to cert
action or
tly arisi
Compensation Events (60). Ther are
These are for
e net al caus
inaction by the Employer, but als inclu
t pe
sical conditions
ainst
weather (measured in ratio of da
en ex
nd
event which delays
beyond those which could re onabfy ve
r ally be expected to
completion by more than t ro weeks a rd whi
coul
r
loc
for strike
occur. This would presuma ly no
a63
Control
ligatiorf can c nstitu
or cann
at the desig
lies
"
oyer
ay instruct
e contract
ccess
employee (21.3).
is
ng.
no provi
The Employer
not the Employer
instruct
n`o
e contractor
164
ers
42).
to
able fo
once
The contractor's application will
and is for the amount due (
/orks4
o th
lude details
KQ 1).
o
is
to pa within thr
expr es)obIi9
ions r
the
ent
fied ag inst aii
n
In part'
lar
ere is no
Regu ations,
co ractor SL
than p
ch
press
brea
ovide in
6 this occ
t from f
The insuranGeJs for' eplac6ment cost in respect of loss or damage to plant, materials
nd e: ends from starting date to Certificate of Completion in the case
serial and Defects Certificate in the case of the Works.
165
Termination
Both the Employer and the contractor have t
presumably means the contract, although not e
Em`ployeYmay have
The Addendum
9/tUK
93UK to
Construc
fo
ute resol
in th
and-Reaen ati
Act 1-496
aD
ies.
9 Dispute
S=t=orma
T
s is
be na
d in
theContract Data.
ud
or's de io is fina nd binding unless and until referred to a further
tri unal'. The Contract ata ho Id state whether arbitration is the tribunal, and if
so, w t the
pr cedure is to be.
T ea
166
NEC3 (Short
contract)
This contract?
remen%er Mat:
tad W
whele th
ing
to
ond iti
here is no express
aw. Pre
Id h
e in
ly any consequential
in
plici because whilst some of the
The document is rath dece
s ap p
Conditions are adm rably brie S d stra
tfo
e seem to be lightweight by
rks forms, for example over subcomparison with eq ivale
e s in othe
inor
contracts or insuran :e. Th clauses for
satio Events, however, seem rather
muMe difficult to abbreviate this NEC
out of
hort rm, alth ug
cling
d ditio ml time
oney.
proportor
with other
rthe pr
at first an
give
efiniti
form
rks, see
Mo
not
tion b theYs
is
NE
documents,
is
somewhat difficult to
nairofi
Notes
Engineering and Construction Short Contract Guidance Notes and Flow Charts
167
JCLI
Agreement
JCLI
Agreement for
La
Background
The JCLI originally had two standard form
and Without Quantities. In 1978 these
dsc e
A
ere
sin
TNrK new
JCTd
opted
rs
1985 the
ed
dsc
the time some to al auth rities
In
(IFC84)
pu bli
JCLI al
for use on
contracts in exces
rgerI
ith a
elunt
f f75;
reeme
ced u res
gen
Supp rent
tracts.
onn
ust co
The applicable la
whateve the nationality of the Employer, and wherever the Works
are situated, is the la
ngland (1.7).
Works may be subject to the 'CDM Regulations' (Fifth Recital). If mainly soft landscape
works then this is likely not to be 'construction work' and Alternative A will apply. If
landscape work includes earthworks, hard landscaping, drainage, demolition etc. this
might constitute 'construction work' in which case Alternative B will apply.
168
Agreement
There
is
---I
JCLI
There
is
tate
ch fad before
ompletion
(2.7).
There is provision for the maintena ce
tr
practical completion (2-8) either by he contr
plant
Adjudication
arbitration or
is
efe
o an
ocecxures
ction
the cor
n st
ri
e fixed pric
gh)f re
vide
t to
(4.7);
i
tc. post-
e, Ero'i
for
putes
le o
or theft prior
9A), or covered
les or nominating suba
administrator on the
ection to a nomination
y be finally determined by
169
JCLI
Agreement
This contract?
If considering using the JCLI Agreement remember
llt cov
Ag repi
tect
fl,
fl,
fl,
O-0
i<able
Subject to anything to the contrary,
of The co`rgt Kt, vv atever the
are
ed, is t
of England.
nationality of the parties, and wher er th
resol on provisions
endm
he
For landscape contracts in Scotland,
i.nor
trac
be considered.
would be required, or preferably
i
flrk
fl,
uatio
There is no provision for pha d com plet n,
ape design by the
Contractor. There is provisio for ppTti possessio nomi tiorVof sub-contractors,
and clauses dealing with the ailur of plants, m
dam e or theft, and postdrafted o
pliance with the CDM
practical completion carekThe orm
structi
usiri
ts, C
Regeneration Act 1996.
i
easi
If acting as
difficulties
of retenti
is used in par
Con actor,
tor,
-expe in landscape operations might find
rleti
defects lia ility obligations and staggered release
les in
neral e straightforward but if the agreement
work bei
arried out on the same site by a Principal
r-+
loose lei
peculiar to Ian
JCL iss
fl,
rs
ao
030-Q0
form,
0-0
ods, healt.
an
IQ)
fl,
The wording of he Conditio s closely follows those of the JCf form MW98 and
therefore the struct
la
age and terminology will be familiar to many. For large
hard landscape work it might be worth considering the use of the JCT form IFC98
suitably modified as an alternative.
170
JCLI
Agreement
Related matters
Documents
JCLI
JCLI
References
JCLI
JCLI
171
CIOB Forms
CIOB Forms
of Contract
.t
rathe
requ
eratio
as befits an Institute
nd all branches of the
ntracts have each been
logists. These forms are for
a) lump sum as the contract
ties management, which is
fl,
N~Co
f6"
s g/r
Q._
Quo
Building/ContrA
nde
or19.P
of q
ities. CIOB o
mare available.
Conditi
(D
5-o
-E'
,andii`them
b-co? ra cts are
It
entries in the
donb-
f+'
n-0
Q-
O-v
172
'.P
Minor Works Contract (2004 Edition): for use with straightforward jobs or minor
works of a relatively simple character carried out on a lump sum basis. It is not suitable
for use with bills of quantities or where it is intended to nominate sub-contractors.
CIOB
CIOB Forms
CIOB Mini Contract: in
oveme
Ho,
administrator
is
for use
needed in all c
to
"ses,
bu
t
a
}bracts lis
act.
to r o
maybe
er
ies. A contract
tect, surveyor or
o
Con
as 'the Architect'
efer
engineer. The contract admini ator
Wor
ontr t,
he
viser' in the Minor
in the Building Contract a
n!
tnote r
er on p. 1 states that
Works Contract regard s of
elete
pa
ess th contract administrator
the term 'Architect' must
rthele
ars t
`t the term when relating
is a Registered Archite
to contract adminis ation the
i
particular
conct
as
tract,
entries
tifythe parties and date of the
in which details relevant to the
citals, and t
g
' ion for attestation to be under
st b entered. There is
ie , or
a dee
Eac form has appendices peculiar to the
list o clauses. The forms appear to comply
as an '
eac
kng Grants, Co struction and Regeneration Act 1996
nd if so then the relevant provisions of
is ion b
en
enc
rief
rovisio
of adj
r Constructi
(2004)
of quantiti
of quantities or Specification. If the latter
supply a Schedule of Rates.
ract d
Details relating
d by
The obligations-f the contractor and the role of the contract administrator are well
described (1 and 2).
The contractor must submit a Programme/progress chart within three weeks of
contract dates are entered in the Agreement, and the contract administrator may
173
C10B Forms
award at his or her absolute discretion extensions of ti
of delay (4.4).
ed witf
acco
d
Domestic sub-contracting
administrator (5.1).
as
the
u`ft
ntrac
Ii
inistrat
poked
ipstru
nistr
(2.6).
is
ractor
tetht
Architect'
by the Emp
contr,
pr
f of
pay
hite 's Fi
r
4
been ade good fo
must7y'with
--6
The contractor
all legal and statutory requirements, including giving
necessary notices and paying fees and charges legally demandable (1.3). If changes
from Contract Documents become necessary for reasons of statutory compliance, the
contract administrator must receive written notice from the contractor (1.31).
174
contractual
CIOB Forms
obligation as well as
f da
3-0
ag
d pen
arry th insura
ed perils sat tW
in
red
all
ra
nm
=hte
eT4A
sted reasons
are clearly set
ctor.
settlel,
%Oim
is
e. In
proceed to arbitration
can apply, including a
tion on the right of parties
ntrac,(2004)
A headnote dicate tha he
the use of bill of uant ies.
CIOB Bu ding
Condition t the
a quantity
appoi
nom..,
for
is
inte ded
t shou
t be
vul
are
more
Con&
rveyg'
an
full Schedule,
,,,
personp
The
tt
i,
and the
of
e co-6tractor and
act dates ar entered in the Conditions (4.1), and the contract administrator
r her absolute discretion 'an appropriate extension of time if
warranted by the circumstances' (4.4).
The contract requires practical completion, and this
acceptable minor items to be completed') (4.2).
is
Failure to meet the completion date will result in payment of liquidated damages, as
175
CIOB Forms
certified by the contract administrator (4.5).
Domestic sub-contracting is permitted, but only
approval by the contract administrator (5.1).
There is provision for nominated sub-contracto
stated conditions (5.3 and 5.4).
pliers,
order i a(so
; or rate
e co
a
adm
e
s, a
cu
nor ally is ed at
5-0 -44 days (6- . Amo
e Certificate
fir
Architect's Final Certi f kate t be iss d after ny d fects have been made good,
following the end o the DeActs Lk bility Pe-i iocl nor ally six months (6.9).
ory requirements, including
al and stat
st coryiply
fety
d 1.6).
Insurance of ewwc
oint na es ag nst-6 k of damage by listed perils is by the
1), altho
contractorr
h
e Emp
er may el t to carry this insurance. Insurance
uildi
agai s,it ri of da age by listed perils is at the 'sole risk' of the
of existin
-
Employe (8.2).
vides
"e
rmination
employment of the contractor for listed
rt of either the Employer or the contractor (9.1 and 9.2).
efere
to action and claims subsequent to determination.
limite
of
ere is ave
ns
ute ar to be si
e contract administrator initially for his or her
deci 'on (10.1). If not sate
resolved they may proceed to arbitration (10.2).
There
Iso a S
ion n th' right of parties to refer a dispute to adjudication, and
the procedures r ting to th appointment of an adjudicator and conduct of the
Di
adjudication (11
lump sum
CIOB Forms
Details relating to the particular contract are
ered
of the Conditions.
The person appointed by the Employer as
or
is re
'Adviser'.
the role
CoNdition
e ilae cir
Key
mp
on
Sub-letting
is
ove
onths
Iv o
nt of
not per
li
is (7tions,
erim
'2), wi
I
rtificate
ill
y
fro
Employer
Q-6
Certiffcate
Ilbei ued after proper completion of the work and
defects fter thi
of the defects period (6.5).
contractor
usf omplyv(iith all tatutory requirements and pay all fees and
e (1.3).
trac
reasons on the
to actionsich m
Ived, they
r_+
ies to
appointment of an adjudicator and conduct of the adjudication 0
1).
177
GOB Forms
th
to that
The Building Contract and Small Wor
Contr
trac
this
contract is English law, but the Minor
ks C
ilen
forms refer to adjudication procedur
bjec
the w o E Ian
The forms would therefore not ap ear to
and
itablese
rovis
Contract administrators should first be
ain th
ately cover the
nature of the intended work,ano
eck in'
ar tffi
e provisions for
d djudication satisfy
Practical Completion Certifi fates, insu nce, ai ermin
mited,
best used for traditional
their requirements. They are some,
to be light on detail
work. Certainly as far as pay'Dent concerned
required by the Housin
Coh 5truction
on Act 1996 and might
Ktructi
be subject to the Sch
e fo
Contr
ere is no provision for design
nd suppliers is provided for
by the Contractor, ut no ination
except in the Min `r Wor Cont
tare available for nominated
and domestic su
ontra
'
traightfo
ator
orw i
tfacl m
ree comp
uctur
Idin
Documents
Agreement for Appointment of Professional
Building Contract 200
Small Works Contract 2004 Edition
Minor Works Contract 2004 Edition
Domestic Sub-Contract 2004 Edition
Nominated Sub-Contract 2004 Edition
Contract Administration Forms
(eight in number, available in pad form)
178
Adviser
Notes
CIOB Contracts Guide
SBCC
Documents
SBCC Forms
of Co
Background
Scotland might form part of the
--o
rical reasons,
d Ki
do but ots w, fi
differs markedly from the la
la
a
Wa
statutes from
Westminster apply to Scotland, :dso
le
on
lies o
cotland. Sources
tho
f En Ian , a the fluence of Roman
of law in Scotland are not th
law and Canon law over ime
Ite
uniqu
system and courts
hkolog`j
con nental links in the past
structure, not to mention a istinctiv
what
has described as an
have also helped to
'intermediate betwe Civil la
confo
Despite pressure frj m En
measure maintained their oble and ind
out work in Sco
ed t take acc r
pro rty, de r
and in the la rel
u rse
English law f tort) nd o
8(o
f
Scottish
The Roy Institution f Chartered Surveyors in Scotland;
C;
Scottish
Convention of Scottish Local Authorities,
Scottish Committee;
National Specialists Contractor's Council
Association of Consulting Engineers (Scottish Group),
Scottish Executive, Building Division,
Confederation of British Industry;
i
179
SBCC
Documents
it
theme
d, Sccy
practice'.
SBCC Ltd is
kale
ation o
for
rt in
uments for
g such forms,
Scot
proves
t to
ractice, drafting
mediators or third
uding those at the
Construction Industry
afting where Scots law
t
es
with the JCT 200 ,editio'
the ti
of new forms. The
forms are
The SBCC is curre 'fly in
nditioi
are entirely
incorporat
t. Thi
Scotlan
tish Bu-i
ottish Buil
ontract
ra ct
ottisl6
With
Sc tish`R6ilding Contrast
tinor
Scott' h Building Caiatract
Scottish
Contr ct G
proximate Quantities
orks
orks with Contractors Design
ill to be up
Scottish Building
contractor's design (2002 revision)
Scottish Measured Term Contract for Maintenance and Minor Works (2002 Revision)
with Scottish Supplement (Notes to Users),
Scottish Management Contract (2002 Revision) with Scottish Supplement,
Scottish Management Contract Phased Completion Edition (2002 Revision) with
Scottish Supplement.
180
SBCC
Documents
ontrac
);
ntra
tes to
sers.)
Revisi
11
/Sco
ETIn, oye
of
f nomf-aatedAnd do
an2,,SBCC
`rsions
In
Use
The Conditions of the ada
Modifications relate to
determination, payment
rms
sub-c
ateria
off-si
e JCT documents.
IaQq y
omi
fini
deducting liquidate
damages etc.
The most significan difference
ttesta
made in accordance with
Scots law. The SBC issues
dance on testati
procedures. Another difference
concerns dispute re flutio in Scotland.
bitrat n Act 1966 does not apply to
Scotland, and a
iron p ced u res
e quite distinct. Adjudication is
a statutory ri
SB CClkas pro
own Adjudication Agreement.
i
Scotla#who
dertaW
eek advice
ra cts
MW/S'eot05
ar
f,
ansons
orks C ntra
(MV
t05)
(SD
WWD/
cot05
folio
There is an additio
ecutioxr
O-,
Applicable law
2
is
Time
The wording of the clauses
is
181
SBCC
3
Documents
Control
Covered under Section heading 3 in MW05,
MW/Scot05 due to a provision for bills of quantities
Se, io
hem
rd nder S ction
3.
is
4 Money
Covered under Section headi
The wording of the clauses
5
4 in
identic
ve for s
Statutory obligations
The wording of the cl
statuto
6Insurance
ction h6adinc6 in
ses is identic
account
ig 6
fit
of
throvisi
Ins is
iscel
ules are the same
The w
t 2: adjudication
9 Disputes
Part
The procedures and rules for adjudication in clause 8.2 are identical to those in MW05.
182
Documents
SBCC
96, alx
re
n
Th
o in clause4 and
c
ce
icates
d d isions.
This contract?
If considering using MW/Scot
'+_
fl-
drafted to
Housing Gr nts,
As with
e formt eC
sta
nsu
C
and
ntrac
or
plia
with
stru ion ari
cotzK
cles
re is also a
e for
this SBC
names
f
edica
s SBCC
Related
Docum
SBCC
SBCC
Notes
SBCC
183
184
intena
epairs a
f Building
ct 2004 Editio
tural erson entering into a contract for purposes
cts betW,,
nsu mer ' i.e. a
cularna p
on wish
have w rk carried out on his or her own house) and
(i.e. a
services in the course of their business).
pplie
ss, in pa
'
to proteq 96
will normally
13-4
185
00
986
XT HG(A)
The Joint Contracts Tribunal Ltd
4z
,C+
'_'
,-+
c"'
L/)
C,+
(.p
eement
but the Conditio
seven
A very helpful Guidance Note is included with the form, and this precisely summarises
the types of grant currently available, as well as giving some worthwhile advice on
contract administration relating to grant aid.
The Conditions reflect the nature of the work, and the wording is appropriate for
187
JCT HG(A)
'construction contracts' to which Part II of the Hous fig Gra ts,
Regeneration Act 1996 do not apply. Where Part
does pply the
concerning notices over payment procedures,
sta utor ob ati
requi
obviously be complied with in addition to the ex
ents
the
wording.
i
olvind
..l-
hQ
coract
utes,
for some
avisionsn
Use
The form is intended for use where an rchite
appointed, and where a gran
Construction and Regenerati n Act 199
The Works are to be carrie out or aln agreed lu
fluctuations not even tax
cfi nges. The
Contract Drawings, co
cifica
pn, and
S
will be lump sum, ba ed upo,) prl\(ng
rele
ofe
ontractor
is
ult.
ntract Documents.
oyer has ap
ing uhder h
y out and
contracto
to per
hose described in the Contract Documents
The Architect
is
contractor to carry
(1
1).
ou-tlNorks (1.2).
188
JCT HG(A)
Where the project is notifiable under the CD
Principal Contractor must be identified, and
Recital, Articles 4 and 5 and clauses 1.3 a
chite f c
the c ntra
uivi
ntm4nt ma
_or
if ne
date to b
contractors or suppliers
Coons, a
areithin
in
cto
e co
s c
(2
co
of ti
fisted.)
er is entitled to liquidated
is no reference to a
there
i,oserted
certi ed by th
tra
the c
oriso
ths, al ou
he Ar itec
rovisi
recti
ibligation
ferrin
ion.
nt to slob-contra
Written con
for naming
is n
approv
be issued in writing (3.5) but may be oral and confirmed
include variations (3.7) and this would presumably allow
no specific reference is made elsewhere.
re is no provision
is
There is no provision for work to be carried out by persons engaged directly by the
Employer.
189
JCT HG(A)
4 Money
The Contract Sum is VAT-exclusive (Article 2).
unless stated of
Docum
Where
e in
fir va
riatibb s
ded
ons.
or
f
r
tificate
t half the
The Final Cer,
signifying
issue
rficate
different iqure
is
fort
ser ed)
g go
mpletion o
necessary, inform
is
Certific
e
n
a resi
tial occupier (for example in the case of a landlord
wit a h
e in multiple cc
atio grant) then JCT HG(A) might be a 'construction
contr t' to which P t II o he using Grants, Construction and Regeneration Act
1996 ap
this c se t
Employer would be obliged to give notices to the
contractor as req it
der ections 10 and 11 of the Act. Notices would have to
be given within e applicab time limits, stating the amount proposed to be paid,
and any intention
old or deduct money. This would apply to Interim,
penultimate and Final Certificates, despite the absence of any such express provision
W ere
'c'
vii
+-.
190
1CT HG(A)
n sen to t
(in Appendix to JCT HG(A)) must have
is
by h
Employer.
Certificates
ed
itec will t
contractor by the
ul dZn d e cted fra
the amount of the grant to be paid, and t is amo
ce sha
e Q
E
b
amount otherwise due to be paid by t
issue
the Cert ficate
the Employer within 14 days of the da
ts
oyes
Statutory obligations
It is the contractor's duty to com
tlAre
itect
ritir
tract
1ethis
SO
DM
if h`e
bligatio
ct.
6 Insurance
/ind
requir, d to mange
ontrac
is
requires an e
ry (6.2).
,-+
or
ra ce
of ex
event
Termination
4-
!l'
circur
is a
There
is
ac,
The contractor may determine his own employment for stated reasons (7.3).
fl,
fl,
fl)
ing stru ures, together with any new work which forms
convers n, s to be arranged by the Employer. As with clause
quirement is for cover only against specified perils (6.313). In the
e the Architect must issue instructions, and the cost of making
un r clause 3.7 as for a variation.
part
191
JCT HG(A)
The respective rights and duties of the parties follow
the Conditions (7.2 and 7.3).
8 Miscellaneous
There
is
no definitions clause.
There
is
no reference to antiquities, to
ri
is ur
th-6"Contr (Rights
of Third
9 Disputes
Article 7 determi
legal
decided b
192
that
rocee
'
bjec to dj 'cation,
p
disput s or differences shall be finally
There s no
io
r arbitration.
JCT HG(A)
This contract?
If considering using JCT HG(A) remember
It is intended for use in housing improv,
t'work, where 'contr
a
has been appointed and a grant
m- We und6r the/H
to b
Construction and Regeneration Act 1
ntracts
6. It is
short duration, with a fixed price
the app
is
nnrov
onr
quantity surveyor.
is for use only in
Construction and Regenera
Scotland.
The form
996Aaes
n-ot ex
t proc
wled
tfor a
of dispute resolutio
When completiog th
ri
completion a
of the Hou hg Gr
modificati
of th
for
decision
e of flae
Work
minist tor th
ontra
escales are
elaxed`
mus e co
istrati
ative of
ma>v
lotions.
a'-m
a,c
Sarah Lupton
Guide to MW05
RIBA Publishing (forthcoming)
193
JCT HOB
and HOC
Building Contract
Agreement for
/Occupier wh
consultant t
It used to be thou t tha
hom mpr veme is might prove lucrative for
smaller builders, ch w
ost pa was n t of interest to professional
consultants. Ho ever, t e re nt b
ousing
'provements and the potential
for engagement in this arket ave show`
e need for forms of contract
appropriate
of work.
i
produced
to
c r
..C
The
nts,
0)m
Occupier, sui
home improve
194
JCT HOB
and HOC
+'
followed the same attractive format for packa ng an presen tion. His c
ork now
esti
to be a more appropriate form for much f the rger- le
Minor
veyo , tha the J
build'
s
attracting the involvement of architects a
smalle work
a co m
ial ature.
Works Contract which is perhaps more s
to act
the c sto pr'' behalf,
It can be used only where a consultan s ap
Agre
t for ofessional
and the document folder includes a JCT Cons tan
nt t. It is likely t prove more
services which is dedicated for use with t is b d ng
ee
nts
blis d by t1j4 professional
appropriate in these circumstanc s
5
ions:
bodies. Both forms are now re blished
I
fl,
a-'
,,,
Nature
ccuust
rpm
se
The Building Contract for a
licat
h w en completed sets out
two parts. First there is a ques ionnair
ndly t
the
ct Conditions clearly and
the arrangements for t
two
The ustomer is provided with
simply worded uncle 11 headin
ential bui er, an
t of helpful guidance notes.
an enquiry letter to s
a Home Owner/Occupier is
Contract which has two parts;
nd P
is the Conditions set out under
t is als a two part document; Part is the
e Conditio
set out under nine headings, a total
servi(
an Pa
for the customer and the Contractor,
X. Ther yare cope
es of
e inside cover of the package.
otes are prj ted
consultan
of just 14
and G
uildi
fl,
o"
rt
II
of
30o3
The B ilding
s
pLOYdT
Contra
a--
:L-
The Buil
+-.
195
JCT HOB
and HOC
Brief synopsis
1
Home Owner/Occupier
provided
after
Ime
e
d o
is
to omer.
each day,
t mer to pay on
or
wok deta'k.
t t
ent
ins
e by
n an
agre
equ
II
anninq permition,
plic,1tions or
ahead.
wor peri
Insurance provisi s
cover for dama e to
Provision
if
ntractoris delay
custo er's
ork and unf' ed m
occupati
secu
'
thmont
Defects per d is
s, and c
o
r will pay remaining 5 per cent of money
due,vgtd
ays of con actor puttin right any faults promptly reported by the
14
2 Bui
ty can
fl)
If isp
Descripti
e wor is d tailed in contractor's quotation/consultant's drawings
/consultant's spec i
No ills of quantities, but 'other documents' may be included.
.
is
Price includes
196
ntrac
guara
4x
the
dto fe
the
elude ov ing cess
r o
rking area
stru or
derh
ns
nece
rons
tvng in
The consultant will act for the stom
xtensions of time, and
two
in issuing certificates.
es, i
of the work,
second
after
contr
t
th
end
the
defects
period
and
th
actor has-re ctifie
of
no
hough
are
r
neta
consultant
must
be
of three months. Al
ertiflc`ates, the
OW4
the
tract
invoices
are
ontract
states
that
in
the
event
satisfied that
co
s
ith t e consulta, cjsj
he contractor must take this up
of any
directly with
r.
wor details
likely,
e au
make an
consultan
to t
comp
nsult t or he c
ons
con
ake a
'for
ant isrespo ible for pla?afing permission, building regulations and party wall
nts Consult nts acting for the customer in serving party wall notices should
ve written authorisation, otherwise their capacity to act might
sure t
they
tractor
Customer
is
expected to pay 95 per cent within 14 days after completion has been
197
ility
plet
n h
en re ified
bee ertifi
rce, co ac
fl,
riod,
ese ave
terials (no
fl,
rrgents
198
edies
urt proce
y not apply_te h
no exting
hed
ation
Specialist Contractors
contract provisions.
and HOC
JCT HOB
This contract?
Dwners
Each
to be
E04
be stra
tries,
s. If the
the version
onsultancy
al and clear
ly. These differ
d not be used.
are is
insta
,--F
Helpful guida
are rovide ore F cMtract, and they should be read
carefully, pa icular
f the ersio where a consultant is appointed. As
e cas
yet there a no d Qicat dh contract
nistrat on forms available, but letters should
be clear) identifi d aser
where they re intended to serve as such.
e forrt adop a
miliar t most
plete
corms ract
atters
ments
1CT
uilding Contr'
Building Contract
ce N`ofe`s inclu
199
JCT HO/RM
The Joint Contracts Tribunal Ltd
JCT
Background
The JCT published this contract for hom care and r
wo
20
inte
there was a form for all situations. It
d t
er
minor works for which even the H
e
ccu
Contract
long. The JCT have now re-publishe the d
t in
editi
revised format. The new version
own
edfree
e
.type
seem overly
with
a slightly
website.
ing
he co
own to
evio
short',
that
of very
re
form
ng work ever produced. The
ditional page of guidance notes. The
ith a
appr riate or thi kind and size of operations, clearly
ns. As with other JCT contracts for home
ort S
the Crystal ark of the Plain English Campaign.
ndar
ages long,
e
mini
set out in 11
guidan
fl'
ctrical re
i
An im
at the
reduce the likeli
small print of his
contractor know
quotation which
is
subject to the
term
Brief synopsis
A two line description of the intended work is followed by
whether the premises will be in occupation at the time.
200
JCT HO/RM
Documents are a 'specification' prepared eit
and the contractor's quotation.
The contractor's price is inclusive of VAT,
rate.
h in
Sub-contracting
The contract
is p
is r
%nromil
ible
the
and
ork
sto
req
healand
environmental matters.
=safet
Third party
open to
There is no
ro
c a
I
visionn-for los or exp se, but the contract accepts that the parties may
tier in e eve t o ilure to keep to the contract.
Di putes can be
fer d
Lo 'a
dicati
is
preserved.
201
JCT HO/RM
Related matters
Documents
JCT Contract
for Ho
References
JCT
202
Guidance
neatly styled
The form is pr
in collabora
In
appear
for
ce an
with
tes
wri en in plat
CT consu
E
"sions
re r com
and bo
adminis
en
uire
is
no bar
1998 prices,
Employer to appoint an 'Adviser' to act as contract
Whilst the form for general use might well constitute a construction contract to which
Part II of the Housing Grants, Construction and Regeneration Act 1996 applies, the
version for residential work would certainly not. Whether or not the CDM Regulations
applied in full would depend on the nature, scale and duration of the intended works,
but there is no express contractual obligation in the Conditions.
203
kg
cause
th`e rt+qrk
s
'to
ovacanclusiv
pletion are
d co
e
or
he may r evis
m sta es bey nd
thompletion
time, liquidated
or part
from
ract.
he co
is
to be confi (m ed
ontrac 4.3).
at e end the Adviser
the cont actor (4.4).
Xractornot-wed
is
viser (5).-15
atid'nf, and the order must also stipulate the basis for
a`,
The
r any changes in
valuation
Payment to the
in a single main
a--'
ti-
204
equireents,
statut
a
er and c
d pay
to the C ntract
LQsura
mover
Amount
e, loss
r'sW ri
mploy
co
ng to the Adviser initially
adjudication (10.1).
Claims or disputes or
ene
a decision. If no 'resolved thin th
for
tiome
of th Conditio
'arm for Gen al
;Letter of
In aa
in th'
gl
fA
l
in the feneral
is n
User
V
fo
replacement
herwise fi
thus making it lit
fl,
r).
,-+
ere
s in tFii
ency, and n
er is s
d by
ue forfn- Th Lett
lausL,_2.3
Improve
t by rior agreement'
205
suita
use
of
friendly
la
uments
ni For
i For
206
tract (Ho
,--r
eme
If acting as contract ad
drawings) note that t
considerable discre
Certificate which
ngl
arwan Am
land and
b
ceptance should
en completing the
ditions.
is a
Advis
rson who prepares the
rule are rela 'vely m ple and the Adviser is given
ity. C
need d before issuing the Final
clusive.
for ('
I
pear
first to pr
such forms, which also provide
minis a
(not necessarily an CIOB member, nor
m re co entional than the more consumer
Conditions of Contract
eers
venth
The Institution of Ci
ICE
Engineer
Conditions of ontractfo
ibuna
ct
es of thi chapt
provide for substa ial am unt-bf
acknowled 4 that
t I mp ssum
Rules provide
'ar approximat
quantj
surement
wor
4 not ge
For the purp
Editid
in
207
208
JCT SBC05/AQ
Standard Buildin
Approximate Qu
Background
k is reasonably
is often insufficient tim (even whe t e s
of`N
m t
definable and measurable r
uts
to o let the drawings and
Ilo the
Specification in sufficient d ail t
ity surv or
fully measure, work
up and collate measuremeri in or e to epar
of qu tities on behalf of the
Employer for the purpose of ob (ning
to
such circumstances the
JCT Standard Buildin
ontra`c
Appro
ties may be appropriate.
ua
There
--I
vh
onsider
firm
ce
efore
03-
Tbg-Keadnote
ate Quantities edition states that the form is for use 'for
larger works desig
where
or detailed by or on behalf of the Employer
tailed
ntr t pro` isions are necessary and with a approximate bill of quantities to
and uantity of the work, which are to be subject to re-measurement,
insufficient ime to prepare the detailed drawings necessary for accurate bills
ies~to be V oduced'.
...
Reference is made to bills of quantities setting out 'a reasonably accurate forecast of
the quantity of work to be done'. The form should not be used where only certain
Sections of the Works are approximate. In such cases the Standard Form With
Quantities should be used, and the relevant items might be marked 'Provisional' or,
if under SMM7, could be the subject of 'an approximate quantity'.
209
JCT SBC05/AQ
Brief synopsis
As might be expected the text of the With Approxi
closely that of the With Quantities version. The
Recitals differs, and Article 2 and Clause 4.2 ref
of a Contract Sum.
accurate forecast'.
210
is
not included.
JCT SBC05/AQ
This contract?
reme)nber'l-hat:
-ice
withi
v-0
relan
ottish
be used.
e basic st
for p bal p
ntract
the o
versions, using the same
eis th use of an ascertained final sum
lati
to valuation are simpler than
t aynYent provisions are similar.
,
of rment of possession, sectional completion
ortion. It allow, for sub-contractors to be chosen by
vii
essio
an
torfr
thr
names.
r+.
lses sele
fl,
row
O-0
t found
ng sc
ely to
ed.
(1)
li
wheth
sion;
-'0
211
JCT SBC05/AQ
Quantities
f'1 f"1
,-.
References
Standard Building Co
Standard Building S
JCT Practice Note: Dec
JCT Form
of Con
Series 2 JCT Pr
Practice Note
(includes,
212
ICE
Conditions
Conditions of
Measurement Ve
(September 19
ICE
Background
The sub-title of the docu
Agreement and Bond for
Construction: Measurement Ve
This is
form which
engineering operati
Consulting
under re
warrante
_+O
(DD
Also include-&is4-1-r6ICE Form of Default Bond, and the Contract Price Fluctuations for
Civil Engineering Work and Structural Steelwork.
The Conditions are contained in 72 clauses, without any apparently logical sequence or
structure, but with historic precedence. However, reference is made relatively easy for
the uninitiated because there is a Table of Contents and a particularly detailed Index.
213
9 Traditional procurement:
ICE
measurement forms
Conditions
tints,
en
es in
ment ate,
n
oavment and reten
n
't
mper is
successor.
Synopsis
'++
Intentions
v+'
by
ork in trict ac
of the Engineer.
The definition of
'Contract' m
acceptance
Agreeme
WdH& inclu
Tender 0
rice
are
The qua
es
both
esti m
actual quan
contract
nderi
e rates
atter , f iei could
ent possible (11 an
urth
neer
The contractor in quired tOsubmit a Programme for approval by the Engineer, and
to revise it within 21
if the Engineer instructs (14).
214
ICE
Conditions
b==a
Time
The contract may prescribe that posse ion of th
in portions (42).
is
to
i
red
-_nay be a, rded'
Interim extensions of ti
delay;
Engineer within 28 ays ai er the cause o
The Engineer rWst
an extension ht
subject to f al revi
on
to all clai0
s u
ei `t of particulars, and may award
Th, overall extension of time awarded is
.-e'bf a clai
'44).
ress is
EnginE
ice ca
given t d the co
to addition payme
o liqui
ae a Ce
(CD
ed and ha
The contractor is prevented from assigning the contract or any benefit or interest
under it without the written consent of the Employer (3).
The contractor is not permitted to sub-contract any part of the Works including their
design without giving written notice to the Engineer (4).
215
ICE
Conditions
is g
th
f`ghht-a
atio
nhee
ndefa
occ
stated
the
curate se
r-
is
in accordance
empowered
instruct
art
oval
e
prope
site
.e-exec
e necessar
tantly o
agent or representativ
4 Money
Because this is no a lump
quay
of the priced bill
the figure finally_asc aine
ere is referen
or agr
(1[1])
r
ave bee
Tender,
su
tam
4agr
'
d by
advance, t
"e2).
,-+
vii
roc
216
Conditions
I/1
ICE
t is mo hly s tem
Is to
ify,
the
ctor is enti ed t me
re
ntion
(60[51).
.-
:-+
contr
is
rks.
ums
volved (26).
ions g en
utory requ
structixTs,(26).
b,
ck whet
ts, b
Safe
du
la
statutory obligations on both employer and
- e ulati ns 199
tor, particul rly in respe of the Health and Safety Plan and the Health and
The E
loyer is obliged to appoint a Planning Supervisor and a Principal
Fi
ra ctor.
orporation of these provisions into the contract, the statutory
ough
also
cont tual obligations (71).
o
.
The New
Ne Roads a d
Jsa p
cular efer
e
ce-t
oads and
footpaths (29).
is to take full responsibility for the care of the Works and materials for
incorporation, from the date of commencement until the Engineer has issued the
Certificate of Substantial Completion. The risk covers damage from any cause
whatsoever, except where the damage is due to the Employer, or is a defined
Excepted Risk, or is due to faulty design of the permanent works (20).
,-r
The contractor
217
ICE
Conditions
-''
C-0
ate,d inay b
f thZxisks
ty of
Kkmen
is
4).
Termination
The Employer is given the ri
t to termi ate th
mplo
contractor in the
ified defaults by the
e site, have the work
the Defects Correction
e
of s
(-1
of
t ie rig
iven
ploye
Termination of nomi
rminate his o
or M
ted sub-co
racts
plo
i
8 Miscellane
Definitio
removal
Enbinee
is
to hav
relating to
:-t
'..f
nsio
intere
='G
eisp
haeoloai
The Engine
sses
contractor
is
The rights and obligations of the parties on the outbreak of war are fully stated (63).
tin
There is a provision contracting out of the Contracts (Rights of Third Parties) Act 1999
(3[21).
218
ICE
Conditions
a4%
O-0
actio
CO)))
a'
nnot
ructio
-.,
of dissatisfaction
Engineer, then it become
consideration of the disp
If a matter
,-+
be conducted in
at
noticelof a
reference to the
agreement, seek
re 0 999) (66(5)).
genat
ren
e rig
i%udicati
djudi
Q.-
inally etermine
e p
ICE
O-1
a"'
cto
reso
ht,
tie
'liation
e s
ispute.
QM-
rve note
to refe Arbi atioMiis to be under the Arbitration Act
ce wit eith r the ICE Arbitration Procedure 0 997)
nduct d in ccord
tratio Rules.
tructi
.
219
ICE
Conditions
This contract?
If considering using ICE Conditions of Contract re
This is a contract primarily intended for use with
basis of measurement. It is not readily suitabl
find themselves involved in some secondary b
will apply.
The form is for use under the law of E land an
es,
ma ale
for use in Northern Ireland and under S D,ts la
If th
con
o
Scotland or Northern Ireland, then
nt
enc ICE c Arb.
should be incorporated.
entries istho
-'
admiastration the
pedigreq' It m
>>o
uments
Cond'
Ktemb)
Condit
220
is
it on
tion Procedu
is gi
n greater authority than
on under bu' ding contracts.
En
commentat
to have
amiliar to civil
flexibility over
ors, valuation of
is
ICE
Minor Works
ICE
Minor Works
Conditions of
Works Third Edit
ICE
Background
The sub-title to this form is Co
for use in connection wit
sponsoring authorities ar
Consulting Engineers, and
ontract Schedule
Construction. The
the Association of
Contractors.
ent. T e C
rasy
or lump
contracts, or with measurement contracts using a
tities, valuation based on a Schedule of Rates or a Daywork
t plus form. An Appendix entry will show which is applicable.
mploy
contract. The fo
to
starting 4a
'etion of he
Synop
1
Intentions
This
is
essentially
The Employer must appoint an Engineer, who is to be named in the Appendix (2.1).
The Engineer may appoint a named Resident Engineer, and delegate any powers
except those dealing with disputes (2.2).
221
ICE
Minor Works
The contract means the Agreement (curiously qualifj d by tKe words 'if a
Conditions, the Appendix, and other items listed in he 'CohtractSche
not defined in the Conditions and the Contract S edule 4hich was i
Second Edition of this form has now been omitt
esuma
this c
referring to the drawings, Specification, priced
ties, Sch
documents now listed as part of the Form of g reeme (1
The contractor undertakes to perform an
responsibility for the care of the Works f me
issue of the practical completion Certifi ate (3.2).
s1).
ete he
ce
nt
necessm in
He tak
uctio
(3.6).
Time
The starting date
The contract peri
thAppe
ntered in
is
8 d
ix; if)not,
after acceptance of
will b
r must pr vide
If required, th
date (4.3).
ted
completi
,-+
session by;
vise
sess
cont
possible
b
le where the
rt.
Completion is to be certified by the Engineer after the defects have been made good
and the Defects Correction Period has expired. Certification is in response to a request
by the Contractor, and shows that the contractual obligations have been discharged
to the Engineer's satisfaction (5.4).
222
ICE
Minor Works
iss e a
list
accor
noti
nstructio'tor
is bound by ever
matter referred for disput esd,kjtion`(2-7
of the parties
it concerns
There is no referenc
o nomi
Notes suggest that pproved su -contr
ion.
by the Engineer in t ie Sp
full
for
is
tors
rs can be
onsibili
the
is
of
me
rthods
can
chedule
ontract
The contractor is
't a
to
ue an Interim Certificate, within 25 days of delivery of the
atement -3). The Appendix may include a minimum figure for any Interim
ertificate shall show the amount due and the basis on which it was
calculated. Payment by the Employer becomes due on certification, with a final date
for payment 28 days after delivery of the monthly statement. If the Employer intends
to withhold payment, he must notify the contractor not less than one day before the
final date for payment, and state the grounds for any deduction (7.10).
i
vii
Tom
.-+
ee`r-i's
223
ICE
Minor Works
ao
ma '
Corr tion Perio ,the
cep of t th ngin
on c ificatio ,and
f311owi
4 days o
Statutory obligations
The contractor is required to compl
notices required, and pay all fe
issi
Engin
).
fl,
a
The CDM Regula ions 1
utory obligati ns on both Employer and
rwise, the E
Contractor. Unle state
inates the Engineer to act as
Planning Supervisor
the ontrac r as P
cipal Contractor. There are requirements
nd Safety Plan and the Health and
under the R ulati
cernin
Safety File, nd these o
ions be"Goryiie contr, ctual as well (13).
fined
re
contract
The c
ractor
damage to
extent that the E
the cause (10.2)
itions 10.1).
loyL`r an
ployer or t
There are further exceptions to the contractor's liability for matters beyond his control
and in respect of which he does not indemnify the Employer (10.4).
224
is
ICE
Minor Works
of contract obligations
is
left unexplor
n must be referred to
state his or her decision
ne month of the reference
writing to both th
(Addendum clause
in
If a matter of dissa
Engineer, the
consideratio
clause A-5)
Notice of referra to
conducted
actor
Zludic
ce
ion
wrh the,ICE
en to
claus
225
9 Traditional procurement:
ICE
measurement forms
Minor Works
If considering using the ICE Minor Works form renf ember that:
It is intended primarily for minor engineering
ks,iort duratior}/ not ercQe
250,000. It is for lump sum with or without bill o ua ties, or or m sure
contracts. The Employer is required to a oint an n
eer t6,6e con
f Eri n
administrator. The contract is for use under th la
nd Wales,
w
suitable for use in Northern Ireland or u
ro vied
in clak
is
hich -q,Ilow-!
straightforwar
rtes
riproject
Related matters
Documents
ICE
Conditions of
tract
Minor Work9Third E
Notes
ICE
226
Condit
ks
Third Editio
r p
JCT MTC06
Measured Term Co
Background
tra was
9 for use by
The Standard Form of Measured
Employers in both public and
ivate
w have
ckin need of
min im
m
viously tiresome
planned regular maintenance a
ork.
arat
and wasteful having to
raC%S foe
sm II job, and in some
repair
nde
short notice. In all
cases a contractor might b nee
dea
ntractor appointed to
such circumstances it is usua prefe
one
handle all such work under one ontra
spec
d, on terms previously
D
entero
agreed.
Competitive tender
nature of the intend
of the contract
commercial cli nt b
form specifi lly for
the 2005
itions
Term Co act'.
-r 4ited
eeme .. ith fi
Con tion set
cts
rm cont
es
ck,
b1
as b
r-
/total docu en
bas s
area
on
the geogra
it also
..E
bodies the offer by the contractor to carry out work under the
erms of payment set out by the contract administrator, and
acceptance of this offer by the Employer.
d Recital e
ree
E.1-o
Article 3 identifies the name of the person or firm acting in the capacity of contract
administrator, and requires that any replacement needed must be nominated
within 14 days. Article 4 identifies the Planning Supervisor and Article 5 the Principal
Contractor. Entries in the Contract Particulars are particularly important with this type
of long term arrangement.
227
JCT MTC06
Details should be given of the types of work for whit, order may nissue d
properties in the Contract Area which may be incl ed
tl cor act, a
indication of the estimated value of work which
be anti ate alth gh n
guaranteed). There is opportunity to assign a pr
ode t ach a icipated der,,
for example an 'A' Code could require respons wit
f r hours. T e dura o
contract period, which will normally be for minimu o
e yea , sh Id als
entered. The terms for measurement, valuation nd paym t a under tems 8
of the Contract Particulars.
o
p
conic
iffers from I
shed at
oub4f an n Con
fic order
e of
ges
ered
Use
date
t he 4
'the Recitals require
rea'. Ther is no ference to drawings or
terms of iae
Th contract administrator
erm 'Arc itect'
'sed at all in the contract.
.
derand arnot as
a d
d, or as a deed.
to undertake
With
:t'
administr
ated \Nlue
a contract
elativel ong duration, it is desirable that there should be a break
provision. The perio o notice required to bring this about is 13 weeks unless a
different period is entered in the Contract Particulars.
Synopsis
1
228
Intentions
JCT MTC06
The definitions in this contract have a particul
(1.1).
ance,
b>ausethei
work is
with the
e
and Safety
e Contract Area
-R'
2.3.1).
pply
The Employer has the right td
for carrying out work, an the
tracto
(2.3).
If supplied by the En1 ployer
rials an
Schedule of Rates, a d the contractor is
failure to
).
ices he
Co-drdina
L7-
otifid
starting date are entered in the Contract
ty code imposed.
the contr,
blars (ite
starti
11
be
rog
There
s,
mme must
uo
(2-7).<
req u red to make good any defects appearing within six months of
etion Date.
E
actor
The bar to assignment without written consent extends to the contract, or any part
share or interest (3.1). Sub-contracting in any order is restricted to the extent that
is
required (3.2).
229
JCT MTC06
no reference to his or her being constantly or othe
Access to the site, which can be a complicated
se
up9h the
orks:
vious
initor,
at cons
d
i
curred
wer t6
comply
roper ioite, other
ie ins uction at the
rsons
ay be brought in by the
4 Money
The work covere
/by
is
ea.
sub*ctAo
mi
agr
Rates (5-3-1)
I
ntract
is
inist
gres
the
asis (5.8).
rru pted
e or
sure
Most work carri d ouTunder n order will be subject to Part II of the Housing Grants,
Construction a
Regener ion Act 1996, and the contract provisions relating to
payment take accoun
this.
:-r
230
JCT MTC06
ent
Where the contract administrator is respons le for easu
Or r Co
certificate for payment is to be issued withi 56 da
alua n,
(4.4). Where the contractor is responsible f meas
in 6 da
trator
must be submitted to the contract a
ca
is issued
ithin 8
Completion Date, and, if acceptable, Fce
the lu of wor
of the account (4.5). In all cases the c ificat e m i show th
Nhich e v&e was calculaf,
under the order, together with the basi
ean
e Em
days
is
date of th
t
ific
ma
mu
for
he
Erp
of issue of
If
e
plo r intends to deduct
notifie
ing of this intention
nt (4'
urren
(4-6-
oblig
tor's duty t compl
i,s entitl
to r4
ire in re
no
the c ntract administrator if he finds any conflict
an order. The contract administrator must issue
uiremen a
will be a variation. The contractor is then not liable for nonfrom the order or a subsequent variation (2.8).
nsi
ii
i
,-+
com lianc
igatio
of the Employer and the Contractor, with regard to the
Regulation ap ing o an order, and in particular Construction Phase Plans and
y les,
come contractual as well as statutory duties (3 9).
Health
MM
anfet
The con actor is to demnify the Employer in respect of death or injury to persons
erty other than the Works, which arises from carrying out an order
or damage
(6.1 and 6.2). This indemnity is to be backed by insurance, and an entry against item
13 of the Contract Particulars will state the minimum cover required.
k
231
JCT MTC06
of e sta a p+
ctur am dmen will
twe the arts prior
m re
,-f
tfarty
to be,_avaita,
e Em)fover must ihsftuct t
fl,
In
'rminat its o
Employer to ay aq
Common
and the
remedies.
ract are
ination
is
by employer or contractor,
'respec
rigxtts
direct los and/or
ontract inclu
whher ter
The
contrac
es br
Rights of third parties under the Contracts (Rights of Third Parties) Act 1999 are
expressly excluded (1.5).
232
JCT MTC06
9 Disputes
is stated to apply,
determination of disputes (9.4.1). W itten noti
reed
fl-
Where Article 7
e- is
thaermae ap
JCT
Editio`
th
f th4rbitration
,-+
thee-finKcleter
Industry Model
shall apply.
nation of disputes
is
to
fl,
fl,
233
JCT MTC06
This contract?
If considering using MTC06 remember that:
It is intended for maintenance and small wor
ween ,sine
three years' duration, and the approximate v ue o
tried o
as a sum either per annum or relating to the
ntract pe
for both private and public sector use. The_Emp er ' requ
administrator. The form avoids the nee fo um ou
par
appointed contractor may only carry o each sep t ob
en in
issued by the contract administrator
The applicable law of the contract
as printed for work in England and
other laws. There is an SBC Me
Scots law.
the
es.
ngla
,ere th
to c
Co
1.7 re
001
.-+
entrie n th Contr
Particulars are required on matters
cripti
of ty s of work; value of works; contract
rovisions; nd the break provision.
dell
sdard f,
-+,
Sin
234
JCT MTC06
Related matters
Documents
Measured Term Contract 2006 Edition
References
Measured Term Contract Guide (forthcoming
Practice Note MTC/1 and Guide
(includes excellent annexed material on
235
236
Traditional
procurement
Cost plus forms
bntract 99S.Ed
nation
237
t fort
of t to prick
nbut ther
aXagre
tractor's
rs to b
p
238
10
JCT PCC98
Standard Form of
1998 Edition
Background
Repairs and rebuilding during
fast and sometimes even eme
immediate'It-after t0,-Seco
d War called for
tion`CQntra s bdwa-on th cost of labour and
over
contrac
erheads and profit
fter e ar, th imon Report pointed
eo
t of the work was not
p
acce
o bu
owners in the future.
I4hed a
hich incorporated a 'fixed
ment of com
whils still ensuring that contractors
le of i eir
r abour and materials. Fixed fees
if th archite t wa precluded from issuing instructions
rks'.
the
Contrac
is
currently in
's a heav
an Annex 1 to the
9-'
The Articles of Agreement include seven Recitals and nine Articles, and the Agreement
may be executed under hand not as a deed, or as a deed if required.
ate,
239
10
JCT PCC98
'++J
fullZd7-lex-e
ti-
senwi
i
t co
s:
First Schedule:
sub-contract works
Contract Fee
Third Schedule:
td
obds, r
se-
C. ;
erce fee;
so
items of
Fifth Schedule:
Sixth Schedule:
pd sub-contractors;
ominated suppliers;
Eighth Schedule:
ork o be executeq by t
ould
efully comple, ed because the nature of the
kely
be let on minimal information.
intended work
th a tthe co
There may or ma
be drawing to acc
any the Specification, and the contents
of the Sche
fore vit for broth
ering and valuation purposes.
These schedules
i
the
described
S
cificati
Th contractor unclertak t
ar out and complete the Works (as described in the
First
edule)
er
th o her items as instructed by the Architect (although
presumab y e scope f th contract may not be materially altered).
dertakes to pay the contractor the Prime Cost (hence the importance
'
econd Schedule) and the Contract Fee (Third Schedule).
There is provision for the fee to be revised if alterations in the nature or scope of the
Works justifies this.
The Employer
of the definitions
One criticism of this kind of contracting is the lack of incentive for the contractor to
work efficiently. Protection for the Employer is afforded (C1.5.1) in that the Architect
240
10
JCT PCC98
is empowered to disallow costs where the co
economically as possible, or uses a greater
tuber f op tive han
easonably
far a abour
required. However, this might not be easy o impl
ent n pra ice.
is concerned it could be very tricky for ar arc tect to ay 'yo haveXh
ed or six
carpenters but four could have done t
,-+
,-r
trol to b
ing t
ccoun
ba
xer
'
ed
is db-q bt
co
call
Synopsis
The contractor
is
obliged to
Architect
(1
5).
sta.
v0-
There
is
241
10
JCT PCC98
The contractor is obliged to rectify defects (2.10) w
within 14 days of the expiry of the Defects Liabili
otifie
itterconse
Rn-a
ontr
Architect's instructions mu
work is not empowered.
The contractor is required
(3.6). The Employer is
although these mus
There is provisio
familiar
provision
is
for op
eof
JCT Co
inclu
Pr
at tB
There is pro,
(3.13) an
e
C);
(8A-1)
T*q
l(PCC);
be in wri
competent
e on the site constantly
oint a c rk of\wor+_s/Who can issue directions,
d as i
ructio by t e Architect to have effect (3.9).
have
i to
ing/.p,1 pectionand
he fair a
vela
nd of ection 3
to be
rk
informa
r6-form.
are
ification.
reis6
onac
rect loss
d/or e
e C6,ntraefFee is
ut Article
2 refers
ertained.
preserved (4.13)
Interim valuatio are to b made by the quantity surveyor, and the contractor must
provide the quantity urveyor with necessary details of expenditure to enable
valuations to be made (4.4).
Certificates are to be issued monthly and the first date
Appendix.
242
is
to be
as entered in
the
10
JCT PCC98
=!-
f mat
Nia
oroo of o et
de
tabl
#ie cos
ay
am
all Inter=
date of issue.
The final date for payment on I terim Ce
es
da
later
ifi
c
ployer
Not
a
the
should give
than five days after th
amoun
written notice to the contr `t
dying
oses to pay. If he
intends to withhold money, e mu
e c6 T&Qt
wr
otice not later than
five days before the date for fina ayme
Emp
ails
pay amounts properly
due by the date for fin
e con
as a
o suspend work (4.3).
<_-
issuf
fl'
final date fo
certifi
12).
u.?
V.
t date
issue)
utory obligation
pr's c' uty to
the cbri
c`
`th
(5.1
The
compliance
with`at
for
IJbe
reate
for is obli ed to comply with the CDM Regulations and particularly, where
the project isi-tet+#iable, to comply with duties in relation to the Construction Phase
Plan and the Health and Safety File (5.20).
The cont
6 Insurance
The contractor indemnifies the Employer in respect of personal injury or death, unless
10
JCT PCC98
The contractor indemnifies the Employer in respect
that this
is
th
ind6"n'
an
iies,
ppendix (6
).
the
This
e nevWauildirkas ar
cern
or 6.313).
ified
over
;es 6.
Where insurance is r ui
to an extension of ti e foll
in
the Appendix
ainst
g
6.313
"I,--,
to be
ilabld,
and
er's
Wor
ss
s,
-3D).
An Appendix en
will s
iqtheJ
de of Practice on the Protection
from Fire of Constr tion Sites is
apply f so, both contractor and employer will
need to res
nce, the insurers can specify remedial
e event f non c
measures hich must
ertak
-3FC).
toy
pecifie
s allbVf ed
Its (7.2) A
btice of d termin
ontr
ject`tdpossible rei
he contractox-(a
'
7
Dependingupon
cum tances, the Employer can have the right to make interim
arrangements f r certain wo k to be carried out during the holding period under this
agreement. He
still el
to have the Works completed by a different contractor,
or abandon the idea`o completing the Works altogether.
The contractor is allowed to determine his own employment for specified defaults by
the Employer (7.9). The procedures must be followed meticulously. In the event of
insolvency of the Employer, the contractor may elect to determine his own
employment.
244
10
JCT PCC98
actoor listed ne
''
8 Miscellaneous
cifi2qo
sub-co
v_,
min
en
l/1
me
(1
iers.
-8).
Action necessary as
ities (3-16)
conseque
the Contracts
is
included.
9 Disputes
party a s tutory
adjudicatio Articl
d u res
Iitratio
of P
udicati
ateme
been)delete
conducte"
'+F
on
ref
dispu
245
1.0
10
JCT PCC98
This contract?
If considering using PPC98 remember that:
"
thud
tract
withdrawn.
for parti
facilitate this are included a
design by the Contracnor
PPC98 provides
etion (Modifications to
ere is no provision for
se ction
the
Sub-contractors ma be sel
names. Sub-contr tors a
of dedicated doc ments d
but the prescribe
SC do
When com
including
=dof the co
p formanc so
trac
ay also
m, ent ies ar
scion;
regLf
s
Oiste
d EDI. The
Fire Cod
r frog,
e nom nated, in
for com
con
ticularly here
oes not
se for JCT98 can be'ada
This is an atfractiv
are Section hea
Q-0
246
10
JCT PCC98
-0p
or)
Sub-contract
ndition
SC/C/S
002 Edi
PCC/1'Md Guid (for the 1992 Edition but largely relevant for 1998)
CT Pra
t to JCT 8 butr itten with JCT80 in mind):
$es (relev
ice Note No
ai Contrac
(1992)
yency o
ctice No
o 27:
gulations 0995)
on oft e CDM
actice
to No 8: M iatiori 995)
JCT
247
248
procurement
GC,/Works/1 Two S
age
ition (2001)
on
ark
and
DVsi
19
d in so
scan rd for
cont act ex essly includes for a limited measure of design
responsibility y the M h Contrac
sometinxes'by optio al or supplemental provisions.
With one
ception,
specifically
use
wit
is ch
nce
ign and
uild
d only
procu
the contractor.
249
with
250
11
JCT DB05
fl-
`^.
islaed
DoaQ
By
the fo
welcome)
.ct'.
ostl
fl,
(1)
inded. As t
eared, public sector housing has declined, and it has been used
r more complicated than those for which it was originally
statement in a 1987 report put it: 'Architects should face
and build is here to stay and that many clients appear to
sign and build is now an established procurement method with
f preparin
is re
'
fl,
fl,
import
fl,
The cos
251
11
JCT DB05
co
J
o
ich
the
was
Itlousra
ate
s'o'
lirn
blish
23--I
for
-- vhich
uranc
1 states the express ob
he co
b 'complete the
to the
f the Works' (note
design for the Works and car Ky out and
sign ana of ca
that the obligation is to co plete t
e design). In Article
This agent may be an
3 the Employer nominates a perso to act as Employ
gr any oth suit
n, and his or her duties
architect, surveyor, pro1( ct m
Id be c
rly
ed right from the outset.
and any limits to his or er
er' ha ing a duty in certain matters,
(The contract wordi
often
is duty might
and depending o the a
r might not rest with the
Employer's Agen
fl,
v0,
Article
'often used
it
substantia
consultant
co
ti-.
includin
However
Agent, and
is
d ra
ti-
hou
nditi
is
Qs
...Q
,e simila?fy
no role for a
he agree
its
-6_
By the Second ecital, the c ntractor is obliged to submit proposals, and a tender
figure. The contrac-to s
obliged to produce a Contract Sum Analysis. The Third
Recital places on the Employer the obligation to examine the Contractor's Proposals.
The wording falls short of a warranty by the Employer, but this obligation must be
treated cautiously because it is the Contractor's Proposals which prevail in the event
of a conflict. (The form is frequently amended to reverse this.) Where the Employer
accepts some divergence, the Employer's Requirements should be amended before
,-+
<(1
Fl;
..,
252
11
JCT DB05
,--r
relie
the Contract Documents are signed. This oes n
obligation to satisfy the Employer's Requi ments in to
components and materials, and standards f work an ip
are covered by performance specificati
sign;
rticuly
'=r
fl,
vii
belie
those Requirements.
lating t
naiys
might stipulate
Use
The for
,--r
`n
.F.
rub
*"'
253
11
JCT DB05
r-.
esig rauura
ntra Parti
he
app pria fig
uId to e advice
fl'
,-+
the`r
e b
i l
,-+
ty con
authority of
Em
o inspe tion ins`
re
Q1-
sect
,-f
,-+
1'r
,--r
fl,
'(Q
Synopsis
1
Intentions
fl..
,-+
fl,
,.+
The documents are to be read as a whole, and the printed Articles, Conditions,
Appendices and Supplementary Provisions prevail in the event of any conflict (1.3).
254
rip
The contractor is obliged to carry out and complete the Works referred to in the
11
JCT DB05
Contract Documents (the Employer's Requir ents, e Co actor Pr`o
Contract Sum Analysis and the printed Con itions)
1 1
her
expr
to completing the design for the Works;
t elia ce u n t contr
materials, goods and workmanship of
neceary bu;'not refer
documents (2.2.1).
k
se
referr
cumen
th
me
wh
and if the
ability on the
everx of failure (2.1
ill reduce
liab
in
and 2.2).
The Contractor's Proposals a
Recital) and the Employer
is that he is satisfied that the
com
d by a C
e b
:oyer
itact
refully,
R
ire
m Analysis (Second
ause the assumption
ents (Third Recital).
S
ble
is
u bject
,1 will
obvdign
its
terms
t app!
esign
arran
lo s
inc
use,
endix (2.11
-3)
U)+-
The
es
ss
DJ:
br
care a d skiIJ
iso
'A Action'
of the latter it must incorporate comments by the Employer.
ust r vise drawings marked 'C Action and return for approval before
se
<<-
any
0-P
e Employer
Action', 'B
on', in he c
work( Schedule 1:
5).
.=r
No comments of the Employer relieve the contractor of any of its responsibility for
design (Schedule 1: 8.3).
The contractor is obliged to supply 'as built' drawings after completion, and before
commencement of the Rectification Period. These may or may not comprise part of
the Health and Safety File, according to the circumstances.
255
11
JCT DB05
ohe
rin
uto
uto
2 Time
e enter
ntlwand
-,
not excee
;41o
Event for
ing de
approvals, an
..,
is
lik
e
to
the
thelorks
issues a
inclu
that it
bject Yo revie
plete
pletion,
Fina Certificate.
pporting information,
mpletion (2.24). The
th contra or o hiscision relating to the
na bl y ractica le an in any event within 12 weeks
of the
of chan
to ent
provi
s,
for completion,
ing
ich
ng separate
ages for each
mlbloyer, tod
wor
d da
fy
xamp
ere
ands
s,
liq
c.
to th
tima
o Se
esf
an
roe
`<.
r+,
'n+
rm ho or the
oyer (2.27).
tract
ris I bliged to
+-'
`se
Control
The bar to assignment without written consent relates to the contract 'or any rights
thereunder' is a (7.1).
256
11
JCT DB05
The contract provides for Third Party Rights
e assi ned to urcha
funders. The requirement to grant third pa y ngh to
tifie
with information regarding limits to the c ntract s li ility, ust
Contract Particulars. The rights are set o iSchedu 5.
i
provi
set o
tractor to
by/the
to th
to
urcha s/tenants,
st be set out
rranties
b- ntra ors identified,
na
b-co
ntal
Employer' instr,
ractors
P
confirmati
of o
(3.7
`structi
are em wer
and these ay
con ruction
or des
m
the
have a
The
and
ntrt
i
accor
in
provisions (3.4).
2.1.
writin
V.Cie-'contract a
isio
Venrork or
ate 'als do not comply with the contract, the Employer may instruct
o rem ve them from site (3.13.1). The Employer may also order any
Chan es necessary, which will not attract any extension of time or
consequ
addition to
ntract Sum. It may order tests and inspections (3.12) and the
likelihood of any non-compliance in similar work elsewhere is covered (3.13.3 and
Code of Practice).
vii
the
4 Money
The contractor is required to provide Priced Statements; there are strict timescales to
257
11
JCT DB05
aid cash flow; and non-payment to time can be a val
The Contract Sum is VAT-exclusive (4.4.1) and ma
in the Conditions (4.1).
4.19).
Where provisional sums have
en in
instructions must be given about the expen
in
tt,-LMploye
to obtain.
Interim payments d
r P m tt ose
der of r JCT,\ forms. They may be periodic
(Alternative B) or sta e pay ynts sterna
A). he ch sen method should be stated
in the Employer's equire ents,
e Contract Parti ulars (4.7).
Applications for erim
must be supported
details as sti
ulate
`-L
The final d
is 14
+L,
Within fiv
amount e
v_`_
+L,
.+,
L+,
ti-
v0.
258
+L,
+L,
Final date for payment is 28 days from the date when the Final Statement from the
contractor or the Employer becomes conclusive. Failure to make payment in full by the
final date for payment will attract interest of 5 per cent over current base rate.
11
JCT DB05
Statutory obligations
and
r r quir
en
The contractor must comply with all sta
this
tract
oblig
required by statute (2.1). The only exceptio
se are in c
plia e
in the Employer's Requirements it is stat
ntr
permission, 2.1.2). All consents or p mission obt ed b he
passed on to the Employer (2.1.3).
I
itheN
The contractor is to notify t e Em
ploye
requirements and either the
equir to ari
The Employer's consent
anydiv
irerrhnr the
between statutory
ontractor's Proposals.
ents (2.15.1).
If amendments to
le
Xor is
is
e
iged
not iabl
Healt
ply w-ittrfhe CD
with duties
to
d Safe
=O'
contractor in
to.
the, contr'
Of-
caused b
required by the Co
vii
tin
d, the co 'tractor may be required to take out joint names insurance for the
risk of legal nuisance. This will have been stated in the
inst t
There is a list of exceptions, and damage must not have
emen
D-0
is
0p`-ffons A,
,-
the event that terrorism cover is withdrawn and is no longer available, the situation
and options open to the Employer are dealt with in clause 6.10.
In
259
11
JCT DB05
'-r
ur Pr
cover and the period of expiry are inserted in the Contract P ticula The
Th
must be taken out immediately following exec tion o the
ntr
is
provision for inserting a level of cover for pollutio or con min tion
ims if no
is inserted, the level is the same as the level of co
in rted in e Co ract Parti
ars.
i
fl,
rt.
Termination
The Employer is allowed to termin e th
the cob
specified defaults (8.4). One reaso is wh
suspe
design work and is therefore unable to scharg
liga
The Employer is first to is e a w
otice,
in
ay r flow this with the
determination notice. In th case of in DIvencc f the
o. the Employer may
at any time terminate the ntrac
mployme by no e (8.5.1).
=l;
e his o
e
em
oft
empl anent
erminL,4l
in obtaini
plant'
iscellane
ist
o`kditions
is
arty
E
ployer's Ag nt, and any person authorised by the Employer, is to be
provided (3.1).
s_migh e subject to reasonable restrictions as far as access to
workshops is concerne'
is
covered (3.15).
Sums payable in respect of royalties are deemed to have been included in the Contract
Sum, and the Employer is indemnified against infringements of copyright (2.18).
260
11
JCT DB05
However, where the contractor is complyi n with fnploy 's ins
cto
matters not covered by the Employer's Requi ements the
co racto
for infringements, and any additional sum are adoed t the
ntra-Lt Sum
is
wh
e a
,n
fl,
firm
ills,
ariatio
of
of time nd cor
t over
icatior :
ably
erso
ntrac
ogres
s,
e Employer's Requirements
into.
tiob,
...
Vac
atter to
The
int
of
dto s
ota
Ca4
ey
ies a
Jhe
or
ang
may b requir
the sufcc
pclu
're
sub'
later during
sho*
icu
Housirrant
Cor truction and Regeneration Act 1996 (Part II) gives either
righ to refer any difference or dispute arising out of the contract to
n.-Article 7 provides for this.
atutor
L.0
Procedure
r refe al to adjudication and the appointment of an adjudicator are
covered in clause 9.2. Any adjudication will be subject to the provisions of the Scheme
for Construction Contracts.
The adjudicator's decision is binding on the parties at least until the dispute is finally
determined at arbitration or by legal proceedings.
261
11
JCT DB05
as the method for finally,
9.3). Unless this provision is shown in the Contract
are to be referred for legal proceedings (Article 9
262
Ydispu
s
to amply,
(Ar-8-aad
en di
utes
11
JCT DB05
This contract?
If considering using DB05 remember
rya
ccept resp
r of the
It is intended for use where the contra
71tu/iar
equire althgbgh c
etion of
Works to a greater or lesser extent as
nd care in
the design is a stated obligation. The ntractor
e reasable ski
e more th
ontractor is
achieving this (i.e. not a fitness
responsible for design, the cle `er th
ou dar
of
spor bility become.
ila
a fundamental
Whilst at first sight, this cont ct has man
for
istrator or quantity
difference is the absence o
ovisi
on
surveyor to act on the Em oye
England and Wales.
if. TR-rm is for'
The Scottish Building CoW t Corn
ubl i
199
Contractor's Design form (200
evisid
`~'
+-'
The Employer's R
contract and it is i
should be adequa
particularly beKaause of
provisions av
s,
>
ubmis
ranges and io
a
rtarly those
ts,
of
c.-
dyer w Id
ntary P ovisi
numbe
usi
tt,,
ny limi to authority should be clarified, and a clear
what is erypowered by the Employer under the contract.
is(ng the Fhployer, care is needed to stay strictly within the
tment eee''ally once work starts on site. If acting for the
Ag
263
11
JCT DB05
References
JCT Design
JCT Design
Deciding on the A
Note CD/1 A (
Note CD/1 B (
Guide to D
RIBA Publis
264
11
ICE/D&C
The Institution of Civil Engineers
ICE
Design and Co
of Contract
Seco
Background
the basis for
further
f procurement, and
e schemes more quickly
ay be higher'.
as
In
n. It was a
although obviously
of the two forms is
however, the 5iMilari
distinct.
As
with th traditi
al ICE
structure
nditiorm4is for
ssoc ti
Engineerd, the
n, an
Asso
Contract
o
is
Consulting
kep
foun
clause b c
Use
Entries in Part 1 of the Form of Tender Appendix will show a contractor tendering
whether quality assurance or a performance bond is required, and provide detailed
information such as commencement date, time for completion, completion by
Sections, damages, payment provisions, CDM responsibilities and arbitration
procedures. Part 2 of the Appendix will be completed by the tenderer.
265
11
ICE/D&C
t
.-
.-+
Synopsis
beerr
In all design
sibility
ign
uding
manent
contract (8).
nd diligence
ble skilr,
clud
'
as
part of the
Employer's Requirements.
The contractor is to institut `a quality ssura
which must be approved by he E
Repre
work at both design and co struc ion stages (8),
ntativ
fety of t e de
truct
n (8).
i,
n prove
resdntatiye
0D0
c+.
.-+
@..
fo, esee
i'
The contr
and t
ph ical con'
st submit
fl,
her acceptance. It
266
fl,'
The Works must be designed, constructed and completed in accordance with the
contract, and materials and workmanship must be as described in the contract, or be
to appropriate standards and codes of practice. There is provision for checks and
testing to be carried out.
11
ICE/D&C
Reasonable facilities must be provided for
Employer on or near the site of the Works
The functions and authority of the name
named assistants are clearly defined (
tatty
,-+
.-r
wit7 n
nalty, bu
n
!boe
ctorr
,lay
Tempo
not
ime even if t
tM to co
-`
Thex
'{+.
plete the
e or any designated Section of the Works
loyer ma dedu
retain liquidated damages. These must not be
e no Thznitakfon to
uidated damages is stated in the Appendix
then Mquidat damages without limit shall apply (47).
fl-
here
ah
epres ntative
'ward
ctor
of tim
so be due
kind (4
day
ay
wf
fl-
er to give
of extensio
Plo
es,
ion is taf
.r)
.-r
ployerRe
Th-e-
when
r her
(48).
-'
The contractor is obliged to complete any outstanding work and deal with repairs
during the Defects Correction Period. When the Employer's Representative is
267
11
ICED&C
satisfied,
is
issued, alth
)must
co
(61).
a
itorltaieres
ra
om
Em
oye
ore
rson`r rmed in th
The contractor
is permitted to
must notify the Employer' Represent
arriving on site (4).
?N Requir
give t
Repre
erect
resenw e maa
ility
7c'
instruc
moval from the site of any
omply wit the c
ct, and the removal and replacement
ip. Thi! will tens
replacement of work for which the
g3
ir6
E o
The Employer's
materials whic
of materials y cl wor
contractor as desici
order susp
ged t
it is c
rior
r)-offender inc
rdance with the colt'
istru
n a
Representative.
268
11
ICE/D&C
Variations to the Employer's Requirements
Employer's Representative the contractor
and delay involved. Otherwise, or if the es
variations will be by the Employer's Repr
in accordance with the contract (52).
ork
in accordance with the Federation of Civil
Dayworks (55).
dered,
ita
nd if
tim
eoft
of
0.37
'kill
han t ee m nth
the E
must
-r,
ten
and th
days of certi
4ployer
(60).
The contractor in
fl,
fl,
+C-,
The CDM Regulations 1994 place obligations on both Employer and Contractor,
particularly in respect of the Health and Safety Plan and the Health and Safety File. The
Employer is obliged to appoint a Planning Supervisor and a Principal Contractor. With
the incorporation of these provisions into the contract, these statutory duties become
contractual obligations as well (71).
269
11
ICED&C
6 Insurance
The contractor takes full responsibility for the care
equipment from Commencement Date to Substa
any loss or damage from whatsoever cause, b
listed in the contract Conditions (20).
O-0
rks,
a rial '11 a
le on. Th risks i
Except
,-+
Jude th
tract
'v,
take ou
,-0
is required to
third party insurance co
stated in the Appen x to
extent of the contr tor's li
The contractor
mini
indemnit
cove equi
Qnder,
obliga
ployis ind
the
ut t
ccident
nified in-r
())
is
DJ,
d u res
.-t
E5.
arranoin
of spec
fl-
270
fl,
,-+
11
ICE/D&C
8 Miscellaneous
The Conditions include a full set of definiti
The Employer's Representative can requir
tractor
(16).
There is provision in the event o
archaeological interest, etc. (32).
things of
nd those prescribed in
here there is a failure
e and additional costs can
Is brought on to the site may
mployer's Representative (54).
In
of vvK the
as
stated (63)
aft
con
ns
ay be
the standar Co
agreemen
(1994).
Horants,
Since the
Construction and Regeneration Act 1996 (Part II) came into
force, all construction contracts carry a provision, either express or implied, that parties
to the contract have the right of reference to adjudication. With the ICE Conditions
of Contract a notice of adjudication is to be given, and adjudication is to be
conducted in accordance with the ICE Adjudication Procedure (1997).
271
11
ICED&C
All disputes may be finally determined by reference t
arbitration must serve a notice to refer. Arbitration
1996, and conducted in accordance with either t
or the Construction Industry Model Arbitration
sq
e par
ion.
nder he
itrats
itrat'
ced
Act
(19
This contract?
If considering using the ICE/D&C remem
This form is intended for design and buj
civil engineering work. It may be for,a
required to appoint an Employer's
tl
and siiAnificint
od
d Co)-,struct
272
Conditi
11
GC/Works/1 Singl
Build (1998)
GC/Works/1 T
Build (1999)
GC/Works/1 Edition 3, for trade
a
published in 1989. Shortly
ocure ent
s fir
afterwards, with the emise of t e Prop e
Serv
A
, government departments
assumed responsib lity f
t it ow n pr '
e looked to non-traditional
procurement appro hes, esign an
d
icular, which was becoming
increasingly po,
respo e to t =ntee t, a ersion of GC/Works/1 for Single
Stage Design nd Buid w intro ced in 1993 nd is currently in a 1998 revised form
followed b a 199 version r Two
e Desi n and Build. In 2000 Amendment
was publi ed in espo se' t
ov ernment ' Achieving Excellence' initiative, and is
applicabl so botla forms It inclu
visions for risk management, value
mana
hole life c tang a
alue engineering.
hs
fl,
loyl r
1Q'
en
wo Sta
vii
fl,
l/1
,-+
with constr--ttdn.
Nature
For the purposes of this book, comments will in the main focus on the Single Stage
version of the design and build contract.
In common with other GC/Works forms, this comes as a two volume pack: first the
General Conditions which run to over 80 pages, and secondly the Model Forms and
N
N
273
11
Use
to e. N-clpsig
put required
The Single Stage version is without a sep ate
fired,
th Employer's
as i?7dica d
from the contractor will be to the e
f the Tender
e su
ed ass
Requirements. The Contractor's P pposa
together with a Programme,
indemnity insurance.
tails
professional
or Alternative
fo`ra se
ate desan
stag
d Build provi
design documents;
professional
incentive b
finance c
mobilis
payments
right j h desi
+.nsurance
r desig
plet
perf,
rent com
(late
uil
rugs an
274
11
fl,
here
ant res
which are
e un
6 a b&&
follows:
as
evant to
's
equir
design and
ts.
Zd
ante
re7 uirem
signand build ve
if 'dated in
is sa
that
ions
]),
fP rticulars.
withi
,-+
e contNctor
t on tl
fl'
JCT
--OR
with
pIo
L/)
Proposals, it
gi'
In
obli.catio
e pro sion
an
build
n Fo
"celera
.-t
traditional form
is
on.
ctor mu
btain
(10A),
r+'
is
Design Do
-s,
r-.
prova
ovisio
differ (38).
In
275
11
ro
ittn
v+-
for
re
etM
in
flict
wit
est achieved
ill be suitable
efin
the
the;
os' 'on
nderin
tagrin
f any sp
e
rese7rt Construction
e se
The wording of th Condi ons i"Iea nd well presen ed. There are alternatives for
design liability epend
ier ,t
e professional duty to use
reasonable care an kill, ofor an
solut fitness for purpose.
i
(3p
fl,
d val
se
'AcWing
Exce
the Abstract of
Pa
..ten
3rD
se cover
This for
276
((DD
(D3
<l<
11
Amendment
1:
Achieving Excellence
277
278
Management
procurement
Management forms
t Cont?act'1,998\lditio
00o
tandar
vii
Construction Man
gemerI A
reemen
ith the
Trade Contra
Agreement.
d that
r
by
eral
'
279
280
12
XT MC98
The Joint Contracts Tribunal Ltd
Standard Form of
Contract 1998 E
Background
t e Employer
an
e over
gn, Specification
se
and contract administration
the
s o
in e nde professional team,
management contracts ar on
n.T
d Kingdom became
int l
popular during the 1980s, ut in cen vear
seem o have lost ground to
construction management. Ma iar clien
hav
more sophisticated and
well able to hand)
olvem
ocia
with this latter type of
i
fl,
fl,
v,o
r-.
procurement.
the advice
Contr is Committee, asked the JCT to
produce a
anagem rh cd
A the time, the only forms available
isatid
who
were those d ise
ntrac
t4Qg
orga
s
pioneered this kind of working.
ycq
rred orking procedures of the companies,
These were ften g ared
suit f
d rat
ith their particul r interests very much in mind.
and uncle tanda
:p'
U'+
-,,
ments
htractor, an
is ued Tb Stan
elated doc ments
r
contract
ween the Employer and the Management
cts bet een the Management Contractor and each
ca rr +qg out a p kage of the work.
the he
orks
Con
Th
ocu ents ar currently published in 1998 Editions and the Management Contract
for
is in amiliar
t with Section headed Conditions, whilst the Works Contract is
discr
parts, the first of which is itself in three parts namely:
cfim
Works Contract/
ntr t/1,
orks
ract/2
1: Invitation to Tender
tion 2: Tender
ction 3: Articles of Agreement (to which Sections
and 2 are
The main contract between Employer and Management Contractor covers both the
pre-construction period and the period of actual construction work. It contains a
detailed Contents list and the Articles of Agreement which follow include Recitals,
Articles and provision for attestation. The Conditions are followed by an Appendix in
281
12
JCT MC98
two parts, Part relating to information required g fore
erally nd
specific information which needs to be entered b,
do
c nstr
Necessary to this kind of document are the Schedul whit app r i
1
Too
(:D
roje
a profes
ered in t e FirstAch
am. oh'
'gird Re
rofessionaYI
ect of
,O+
tor's
minist
Teem
nt t6\60dorrri
-kie
mp
fl,
'~'.
whi
,-+
{3j
fl,
The appointme
purposes of the CD
oft
of either part
PI
nning
egula Nons ar
utes to
final resolu
Kto be
r
hand an
O+,
earl
oug
For his he will expect to
to carry o
reimbursed the
th
cka
bsts a
tea,
e Ma
a 4tage
Sups
over
,-r
fl,
Management Con
tors
almost invariably selected by tender and after interview.
The fee is not usually the main criterion; this is above all a contract about resources
and the ability to manage effectively many Works Contractors.
The Management Contractor will advise on the choice of the Works Contractors. They
will normally be appointed on the basis of competitive tendering. The Management
282
12
JCT MC98
.-r
fl,
,--r
CND
Synopsis
Intentions
The Manaa ment
fl,
ntracto
ndertak
Specific b ligati ns ar s e t
ti
nd the Third Schedule. These include
preparati o
f Pro mmess entering
orks Contracts, being responsible for the
contract and pr vi
those site facilities and services listed in the
Contr for is responsible for continuing supervision,
anag
project is car, ed through in an economical and expeditious
detaile records for the quantity surveyor to verify the
stror
Fia
ontractor
se
rch itectt
documents nece
10)
specific
The Con
Conditi
6 and 7).
raocu
s
Quality
283
JCT MC98
Project Drawings are to be listed in the Fourth Sched
2 Time
The Management Contractor proceeds to constructi
notice by the Employer (2.1).
1)
ssessi
and
ensure re
gen
subject
oject
Completion
is
provided for
A.
Contr
itect
Completion of the
ses to ext6nd th
ject may be
Practical co
her opinio
t Contractor by the
u mber
roject
r fail
com ete the Project by the completion date,
to of non o pletion (2.9).
If the M
the Architec
Employ S MT
`rtificate-of, non-co
ides for p
ects`-Q,lee made go
ect and delivered up
be
, th
ecti
Arc
ial possession by
The contract provides for the issue of instructions to the Management Contractor to
accelerate the work. It is possible to establish a completion date earlier than the date
stated in Appendix Part 1, provided that clause 3.6 is shown to apply (3.6).
284
12
JCT MC98
age
en
ers
ched
e,
ei
and
er
r
II
issu
of works (3.18).
actor' ust obtain vobcher o satisfy the Architect about the
matbkOls (3
must also comply with Architect's
(3
fr m the site of work not in accordance
king good of defective work (3.12).
th-e,i mediate
goo
concer
bntrac
to assrqnmen
There is a b
an
ther
all
the
0)ioval
clause
hich
instructio
act (8.1).
ect of the
Management Cob
hey
app
arried o
r
if,
t by-'perso
r
4 Money
Payment is made by the Employer to the Management Contractor at agreed and
stated intervals, on Interim Certificates issued by the Architect. These can be issued at
both pre-construction and construction stages (4.1).
285
12
JCT MC98
Amounts due to Works Contractors are included, an nd he Ar hitec
ust
Management Contractor as to the amounts due,
ma b71p quit
r
to
nt
the Works Contractor (8.3). There is an option
earl finaay
Wor
Contractors, subject to certain safeguards (8.4).
-+.
Cost o
ag nent ConJractor's
fl,
O-+
4-5`aod 4.6).
,-+
Marj
L/)
ccount.
ue to the
y
nt by
ter is e
Management Co ractor
before the final da for p
ana
1'
ctiori
ent (4j
give pr per n ices
the o
nding
Inagement Cc
ng
.'The Constr
(4-9 an
fl,
pleti
Management C
cessa(ry
'the contract
issues the)Final
of the latest of t
d in
CDR
=foit
The requirement
C)-
--r
of issue.
Applications in respect of loss and expense made by
286
12
JCT MC98
iii,
actor.
If
ns s
asce tain
Icond
liqe Ar
Statutory obligations
fl'
int
Krr
pa
e.
ul
ision
0-K73
geontra
fl'
The Management C ntract r-+ mpowere to tak ctioM in any emergency to ensure
compliance, and su sect t( certain condit
this w
be deemed a variation to the
Management Cpntra
Works Co
to pr
other
v1
'ement
li able (5.4).
6.10)
nage nt C ntract is to take out joint names insurance for the
irk of le
nuisar e. There is a list of exceptions, and damages
attril table to ri y negligence by the Management Contractor
An
endi entry including the amount of cover is required
I
he Emplo
risks. This must be
with
yer.
.-T
D-0
,-+
,-+
the eve
hat to orism cover is withdrawn and is no longer available, the situation
and options open to the Employer are dealt with in clauses 6.4.10 and 6.5.4,
introduced by Amendment 4.
In
Where clause 6.5 is to apply, and the Project comprises alterations of or an extension
to existing structures, then the Employer is required to take out a joint names policy
in respect of the existing structures and contents. This is to be for the full cost of
287
12
JCT MC98
reinstatement etc. in the event of loss due to Specifi
Insurance for the Employer's loss of liquidated
Appendix Part 1).
thePfo cti
plo er and
if
The Employer
emen
matic
reem
ending on the
to p
V-5-
e reinstatement,
Agreement') to
determine th
course Tapp
determine hi
ine the em
Either party c
neutral cau
of the partj
ou in d
ail (7
profes i n
rights of the
team l
ct
y on
or er t
Management
by the Architect
The Ar
e (ent
C=sbecause
find
Where progress
of the discovery of antiquities, the Management
Contractor is obliged to inform the Architect, who must issue instructions (3.26 and
3.27).
There is a contracting out of third party rights under the Contracts (Rights of Third
Parties) Act 1999, introduced by Amendment 2.
288
12
JCT MC98
Section 8 also deals with relevant issues arisi
the terms of such contracts, nominated sup
m
iers
to
ontrac
Contrcto
imp
First Schedule: Project description: a sh
be completed by Employer;
Dfie
blehe
an
of
scope of
the
ent Contractor
tor;
ontr
on-site labour,
ment Contractor;
r
provi
e
o
latir
drawing
fa lities
plet
m
by
fed
yer;
ant. hey
seres t
befo
P2
is
signed.
r0+
Articl
proceedi
and 9C).
289
l"'
12
JCT MC98
dministrat
.-+
vii
fl,
fl,
fl,
ork
ma
me
fee.
einth
fl,
are
tor'
e s;
uId a
,-+
fl,
inist
Al
,-+
turn
ules
,-+
ct ad
d re tingtgdeferment of possession;
acc lerati n, management fee; Joint Fire
b
heck
for completeness of entries.
re requi
atN
0(D
(.O
r
98 first appeared it was the first such standard form
aila e.
ent method seems to have declined in popularity,
ce4he4a-th
i
gi ng
agement as developer clients become more
ct
use expertise. It is a relatively high risk contract with
with im ress e
sop ' ticated 'with
d tim ele ents initially. It depends on goodwill and a high degree
impreci
s
of trust betwee
Empl yer, the professional team, and the Management
Contractor.
290
,-+
fl,
r+'
fl"
12
XT MC98
References
Note MC11: Managem
Commentaries on the JCT Man
(both written for MC87 but still large
JCT Practice
JCT
Commentaries
Vincent Powell-Smith and
The JCT Management C
Kluwer Publishing (1988)
291
Contractor, effec
necessitates refe
e ad
nce
art
Oes
e19 Edition
CTWnagement Contract, and
f or t
eme t Contractor and each Works
inistra t an of 1te-rhain
anagement Contract often
Matt
'
f Agr
ction 3) contain Recitals and Articles.
(Work Contr ct/1
ent is bet
e Ma
ment ontractor and the Works Contractor,
irst Re it
t the Mana#ement Contractor has entered into the
onfi
.ard Fo
of)Man gement Contr t.
E4-2
>.O
(in
Imo-
an be execu
t Contr t
Use
The choice of Works Contractors
292
rip
r=+
,-r
12
gation to
Is
Synopsis
(clause numbers refer to Condit(
Intentions
vi'
nd c
fers
-+,
N, to
e even
eduliov
for
Works in accordance
dards, and obligations
ren
to a design obligation is
hich is a warranty to the
fl,
carry g out
will have been established in Works
I will
to a large extent on general progress of the
nage
nt
rac r is obliged to keep the Works Contractor
fore n
mmence is given (2.1).
i
ion 2. Starti
t, and
ciently infor
,..'.
Works Coh
be
,-+
vii
``G
t"ses.
4A6-
fl,
Wor Co ractd
ive writ n notice to the Management Contractor in the
Subject to receipt of notice, particulars and
of del
and al ;o state
y, the question of granting an extension rests with the
st1
to of dc
eme Contr tor.
he must first notify the Architect, who has a right
Seril_f
e13rosed action (2.2 to 2.10).
Qom)
Practical ompletion i largely a matter for the Management Contractor and Works
Contracto , ut th consent of the Architect is needed before the Management
Contractor can issue a Certificate of practical completion of the Works (2.13 and 2.14).
Control
The Management Contractor is obliged to issue further instructions, directions,
drawings, Schedules as necessary for carrying out and completing work under the
Works Contract (3.1).
O_.
--o
fl,
fl,
293
JCT
MC98 WORKS
trec
4 Money
.2)
fo%96
is ap
ion A
(Par
'in
,f
t
re
Os a
'off-site
irected by the
o retention. The
as
These
ateria
materials properly
(ods (4.22).
ttracts is redu
eat under
Statutory
The CD
Principal
Stat
th
se
relatM
ire n
s will
appoin
all
ent of
The Works Co
ind mnifies the Management Contractor in respect of
personal injury `r death, and, amage to property (which may include the Project), and
is required to ins
ai
this (6.4 and 6.5).
Concerning loss or damage to the Project and to the Works, Works Contractors are
entitled to the benefits of the joint names policy for the Project (i.e. 6.6 to 6.8), but
this is not in respect of all risks, only for specified perils (defined in 1.3).
294
12
ine
to
ent oft
om
n nsolve cy is a
own
ploy
nt
r r
term
8 Miscellaneous
The provisions for nominate
covered by a Prime Cost o
Nomination
is a
iers
tT*e f
uded in
sum
:1).
matter for
9 Disputes
Statute requires an
djudicati o provisia n in a
4ferenc
i
rbitr
o
If coKsideri`
It/s inte
Ten
sole` v
ng
to
ch
the
n de r
SeleWai
ntractor
certifying
fo
Contract 'onditions are Section headed and synchronise with those in the
t Contr t. If MC98 is used, then there is no choice other than to use WC98.
295
12
ontract
296
JCT
12
GCM
Construction Man
C/CM
Background
.-+
whtheienf
fl,
produced
raft d
uent
odies
L.0
'.,
cons
cum
onstruction Ma
the Trade Ceiatract
,-+
The Agre-emQ nt (
M) between the Client and the Construction Manager is an
attractively presented document, logically structured and with particularly clear layout
making referencing relatively straightforward.
,-+
There are four Recitals, the first of which refers to the building works being phased,
and a deletion is needed if this is to be a single stage operation. The Client undertakes
to appoint the Consultant Team, and to have prepared an Initial Brief and preliminary
297
12
JCT
GCM
Project Cost Plan. The other Recitals refer to the fact t yet the f CD
egulat
apply; the services to be performed by the Construc on Ma agernd at the
will be carried out under contracts directly betwee the Client a
e Colntracto
I
incSupervior
an
tion he
follows:
1.
of the Client
onstr
putes
je
Conditions,
the
ption
an
suran
nities,
of Reimbu able Cc
nits
urth, Mo
Inde
Servers to b
cction
ht Team;
Ninth, Cost Planning-arTd-Control;
Tenth, Adjudication;
Eleventh, Arbitration.
298
nnel;
be provided by the Construction Manager;
12
JCT C/CM
Some of the Schedules contain essential
ailed iy(formatk
entries to be made. They amplify many of t ZDrovisfcins
are at the very heart of the agreement.
find
e of interest
Although the
coordination of
art
Sche
he sc
el/ma
ient's
FAt
Cli
nt
is
Ian will be
Planlien
1
he
work o
must
Subject to
thin
Possessior-and ontr of the site is given to the Construction Manager, but this will
ssarily be e lusive to the Construction Manager (1.5).
I
(_l
for the Client to use or occupy the site or the Project before
completion (1.6).
There
is
(1
-7).
The Construction Manager is to manage the Project in accordance with the Project
Brief, Project Cost Plan and Health and Safety Plan (2.1).
299
12
JCT C/CM
The Construction Manager must provide the services
A (Pre-Construction) and Part B (Construction)
Schedule).
d Fou
Sch
d side fa
uTF,Part
ities
xth
`^.
to
Contract documents c m se Ti
and Appendix to the g ree m nt
Preliminary Cost Pla , and velo
Project Specifica n, an Pro1o
ifications, d Mails a
roject i ormat
Further drawings,
to explain or
e co
Time
re is no s
rms,
e constr
by
Con
m Project Completio
teade
There vvi
rolec
consultation with
The Construction Manager will, before Trade Contract tenders are invited, prepare a
detailed week by week programme (Fourth Schedule item 5.2).
300
JCT
12
GCM
lent
e th
ite
((DD
Zh'esd
ons
tant
am
ma
8), a
ur1
:3).
Cori
ract
2):
ast
ont
the Cd
on Manager with
agreement by the Consulta Team
will u he Int im Project Completion
Certificate and the Defects Liabii itv Perid
ally
s from the day named
in the Interim Projec
tificat
ce (2.2).
i
nstruc
acts
(2.4).
onstructi
The Tradef_ ntrac
ttherwis
wiMe
ed
The Construction Manager will manage and coordinate the work of Trade Contractors
301
12
JCT C/CM
The Construction Manager will arrange and chair re
which the Client and the Consultant Team will be
the minutes (9.5).
e is ako
r6oonsib
for
4 Money
(D<
cent
er b
til pa men
is
made (5.5).
V'1
ti
r susp
rap
ply, )rkd tl
final
ManNger's a
...
the Construction
ce with lh-eCAM
a,-
---_.
The Construction Manager will monitor Trade Contractors' compliance with statutory
requirements and verify that all necessary approvals have been obtained (4.3).
302
12
JCT C/CM
r+'
ditiohs'bbv a v
--I
rah
er ma
in re
the sum e
nclftr
d in
inst daims re
agree
requfired to
the A pendi
-5).
:-+
,-+
ination re
rmina on
Ivency,
uction
e Client
ay
r
f ilure
o exerc
anager's engagement.
eement (7.2)
rminate the engagement of the Construction Manager at will
The Client
e Constructio
client's ins
ncy; T
riod
The consequences
of
8 Miscellaneo
Third party rights under the Contracts (Rights of Third Parties) Act 1999 are
excluded 0 -12).
The Agreement is to be construed in accordance with the law of England (8-1).
303
r..
JCT
GCM
304
Apd -/Will
do
ayeTir er
nd
indicate the
fects of the award
tha disputes
may also be
JCT
12
GCM
This contract?
If considering using C/CM 2002 remembe
It is intended for use with large projects
sto e
eparate
contracts with members of the Consu ant Te
respp
r design,
the Construction Manager who will pr fide servic
nstruction
period and the construction perio
the
each
ho will carry
out and complete the Works. Th Client-asses
ugh a Client's
Representative and a Cost Cons Itant may aafsq'ke a
not a lump sum
agreement (although the Trr
the lient will pay the
Construction Manager rei
is anT
anageXer f
The agreement is
one versi n on
and i
d contract in a standard
construction manag ment
f docume
The
nditions apply to both the preconstruction and con tructi
periods,
erati 'e details are entered in a single
Appendix.
phases and partial possession.
sin We for ctorni
i
Theiditi
If acting
desig
fl,
the
WLt+f-e functio
specifically states
se
is
an
O_<
decisi
suran
Cost Plan;
305
12
JCT C/CM
Related matters
Documents
Construction Management Agreement C/CM 2002
Trade Contract TC/C
Tender Document TC/T
Part 1: Invitation to Tender
Part 2: Tender by the Trade Contractor
Warranty TCWa/P&T (warranty to purchaser or to
Warranty TCWa/F (warranty to funder)
Fluctuations Code
ions
(1
Practice
Practice
Practice
Practice
Practice
Practice
Note 1:
Note 2:
Note 3:
Note 4:
Note 5:
Note 6:
tion Ma
306
ation
12
JCT TQC
twee
the
ev
em
or
ascri
prec
orb
LA=
tivel conv
undr han
rd seven A
fl-
is re
O=-
ct
ler 80 p
wl
>
Use
0-0
Except for
307
12
J CT
TC/C
Intentions
Trade Contract tender documents may hclu
Specification, bills of quantities, or Schedule of Work.
a 'Priced Document' perhaps together )kith
,Tra'de
e& C
Schedule of Rates on which the Contra
,,
the- ra
Contr
Performance Specified
2
Time
A commencem
t date
eriod are
ust work
ite will b
accor
may
evise
The Con
ce
written
he work (2.6).
ilure(by
expense to e
entered in t e App ndi
orks
is
2).
Defects liability runs from ractical completion to the end of the Project Defects
Liability Period, w
ally runs for six months after Interim Project Completion
is certified (2.16).
Phased completion (2.20) and partial possession by the Client are possible (2.21).
308
12
JCT TGC
3
Control
The Trade Contractor must keep
person-
w
b;ding
,t
pro
Access
person
is
site
yo
resp risible
issue
Var
uotdt to cov
resob-r-cbs43.19
4 Money
Payment by the clie t may be qrn the
sis of
sum) or the Ascerta
aMade Contra
(Ar le
hen valuation of variations can
ractor's rice tatement, or Alternative B-valuation
made by th onstr ction anag
sin the v luation rules (4.4). Where Article 2.2
rk
applies, th valuati
mprised in the orks is by remeasurement based on
of
rates or
ices f
ured or
a Sched le of daywork prices (4.7).
in ract
Tr
be by Alterna Ave
m appli
e Co
actor may
:22).
b,
entitl
rst
9ltant
ient apply, and final date for payment is 14 days from the
erti 'cate. Failure to pay may result in payment of 5 per cent
the right of the Trade Contractor to suspend work (4 11).
e, a
the
ai n
e
of issue of
rmal
Bond
t.
+-C
bligation
The Trade Contractor is to submit documents to the Construction Manager not later
than three months after practical completion of the Works, in order that there can be
final adjustments or ascertainment of the Final Contract Sum (4.17 and 4.18).
is
12
JCT TGC
yes b the cK-,n- rapp-I y,
of the
al Statement
(419).
5
Statutory obligations
The Trade Contractor is to comply with statut
not already allowed for in the Trade Contract
be added to the Contract Sum.
`ry
requi
cu ments.
ontr
with ne
nnir`ta'S
ervis
iect anti of th
M), and
name
t is
ploymei
urination nay
ult for
seq'ue+rc'es
de Contras-t
of dete
in
may
10).
310
12
JCT TGC
The contract provisions still leave other right
8 Miscellaneous
The contract
is
to be construed in accor,
td
each
(Rig
"I).
1999 are ex cluded
9 Disputes
itor
can
beac
effe
wiration
ree
of
This
r use
used
'
wit
tter for the Client, but the necessary documents for tendering
nt Team, and issued by the Construction Manager on the
tendering will involve the TC/T Invitation and Tender
to-Trade Contract (TC/C) unamended.
The Trad
act C nditions are a substantial 118 pages long, and Section headed.
The clie t may acce a Special Trade Contract or amendments to TC/C, but otherwise
there is no
ut to use TC/C with the C/CM Agreement.
311
J CT
TC/C
Practice
Practice
Practice
Practice
312
Partnering
arrangements
Partnering agreements
Framework Agreement (F
Framework Agreement No
ndi
1CT Partnering Charter (N
1CT
((t
1CT
ng PPC2000
tH ac articip
ncl
for
`s
rtnering.
Iti party
Ltd ICE, a1m1 ACA h e each taken different approaches to partnering. The GC/Works suite
k
reemen pr use with consultants' appointments only (GC /Works/5 General
a frame'
ointment
f Consultants:
313
314
i6
13
Framework A
Framework
Binding (FNN)
JCT
JCT
Background
the JCT published
a No
"s
first publication to
in p
fl,
In 2001
ages
dard
non-bindiri
the
ice
fl,
Pr'
fl,
The bindia
Use
The Framework Agreements are intended to be used with either one or several
underlying contracts, and are entered into for a term set out in the framework
particulars at the back of the forms. They can be used alongside any other JCT
contract, and standard forms produced by other publishing bodies. They are bi-lateral
315
13
and
JCT FA
FA/N
f&
vider
iples
pple
the underlying contracts. In the case of confli the unde
ontract+`evails
The Agreements state that 'the Framewor
ny way ha
en shal
legal or contractual effect or bearing apon he
r
tatio
on,
Th
enforceability of any of the Underlyin Contract
v
addition states that neither party sh
t
eo
the Framework Agreement.
.
merle
,-+
creasin
teg ra t
inbia sp
of to
rath
than apportion
for parties
ay well be implied.
ressly call
placed on achieving
m working through better
Features (claus
Underlying contracts;
in
framewor
t (n ot,t
arbitrator
versa
ere is
o..
'greater,
formance nd icat
he
othevvft
an
angements is emphasised
each party is to
rganisation and management diagram of its internal
'vi
arency of manag
Collaborative working (10), sl}aring of information and know-how (12) are all included.
The Service Provider is-Mendeavour to ensure members of its supply chain 'embrace
and adhere to' the principles of collaborative working set out in the Agreement, and
where practicable, engage them on terms reflecting those principles (11).
The Service Provider must consult the supply chain on essential aspects of the project,
e.g. design development and early warning (11).
316
JCT FA
13
and FA/N
g c tract,
Identification of risks (15) prior to enterin into a y un er
e service
provider must undertake a risk analysis with th o er pr ect pa 'cipan s. The
employer then prepares a risk
or matrix, t e perica
eviewed
and updated.
pir
top raptly
(2Msustain t a
cosec. o
am
tea
y 0%
oTeGuide.
ap
ility E an
ation inc ed
es b
*re implementation
Related matt
Documents
317
X12
The Institution of Civil Engineers
Partnering Optio
N EC3
Background
The Third Edition Engineering and
Employer and the Contractor, to act as st ed
trust and cooperation. This main con Tact also
matters likely to result in increased pri
ed
of the Works
tr
req
nt rdc t an
plor
ts
an
ire
in use.
0)-O
0-O
the
acting parties,
y NEC contract
sed
es,
is n
t afree-standing
ommon.
t
s.
fl,
ibutio
icators,
Cont,Yc Data,
me of which will not change (e.g.
ring formation n agreed methods of operating), and
hedu
f Cor Group Members, which might change
le of Partners will include identity and
e Wor s. The Sc
artners j oining and leaving dates, and details of Key Performance
gets, Neasure ent arrangements and any incentive payments. The
emb s will give identity of partners, and joining and
Both Sch
obably need revising from time to time.
b swill
_.1
The Option
318
13
X12
the Client, the Client's Objective, and Partner
Synopsis of clauses
The Option does not create legal partneRh
Each partner collaborates to achieve
4h 'Sulhoril
mafion, aid-givi
forma 'on
is d
senta
for pr
nerin
ay give
ann'tkoNectiv
arin
perati
ed
as>4a conta
under the
work
amo
statedi the Schedule of Partners if the target stated
icator is im roved upon or achieved.
319
13
X12
This contract?
If considering using Option X12 remember that:
xc e9
Documents
NEC3 Partnering Option: Optkon X1
References
320
wide t
or's C B
partn B ing rej6 ionstip,
12
ill be in
addition
ted
Related matters
ter
tion
ioht ave.
ntit)
I the Ndjudic
mt
M Partnering
13
PPC2000
r_+
The Association
of Consultant Arc
ctht`k
,=+
_-r.
fl,
r+.
ventional
lementary, but
Partnering agreements and
there are essential difference
tween t fun
n o a ontr t and a partnering
al oblig
trictly between the
arrangement. The former
cont
ertain which, in the event of
contracting parties, and ide
ing &,th
tract and adherence to
dispute, can be tested in the co
Th
latter seeks to establish
sound administrati v proce-c es re es
key
d o putting the project first,
collaborative workin between
ers c
management tool. Obviously
invokes trust and f
ess, an?+operates a
nciples to contract Conditions.
there can be difficul 1sint ding to mares
I
Flying in the
Association
Cons
ention6 wis
ace
'ant rchite
fl,
UO=
ntial
it
advi
on its
station.
it was
recommendation
Between the Tssy covers, there are 54 pages covering the Project Partnering
Agreement, the Partnering Terms, and Appendices.
The Partnering Agreement is signed or most likely executed as a deed, by the Client,
the Constructor, Client's Representative and each consultant or specialist member of
the Partnering Team. The Agreement will carry details of the Project, the site,
321
PPC2000
m.composition of the Partnering Team, Partnering
composition. The Design Team and Lead Designer ar
to the design development process as described i
noted. Details are entered on other matters usually
Data with conventional contracts, but here als,
and insurance cover to be carried out by eac
The Partnering Terms are set out under 2 hea%ing
but some terminology is peculiar to th
there is a full set of definitions. There e five
be summarised as follows:
ico
Appendix
1:
CIM
Ters
8 of/The
Appe dix or
matters ch
in
of
he
Aes,
Partn
ng
ea
tract
ti
guy
y b
con
Definitions
inevitably there
hanism for bringing
ed obligations)
Appendix 3:
Part 1. Form
of
Pre-Pimsess
Ag ement ( is is'
e an agreement to cover
to be ndertak n by he Constructor)
nfir ation by the Partnering Team
reem
commencem t of work on site)
Appendix 4:
Part 1. Ins rant
Part 2. T ird Part
Part 3.
Part 4.
sura
iect an
nsura
rofes
Public Lia
3-4hitration
(i
cro
aditional boundaries. It is a combination of project
0 is uni
managemertr prin iples; lega conditions and procedural rules. It is logically structured,
with commenda le `crdss-ref encing. It holds out the prospect of an integrated team
mless d very of the Project, but it calls for a high degree of
approach and
of all concerned.
commitment on the
PCC2
r_+
Use
Reports indicate that PCC2000 has been successfully used for both private and public
sector projects ranging in value from multi-million pounds down to f600,000.
322
13
PPC2000
Partnering depends on an effective managem ht stru ure, a ntive dmi
do
and good communications. The Partnerin
earn
to
the
t will be
beneficial to set it up as soon as possible. CC200 acc pts t %thomp os Lion is
likely to change during the progress of th
o t. Ide y the r
em
p9 rtu n ity
to bring consultants, key specialists, ons
and so e su con ac ors and
suppliers together at pre-construction ages. Th art ring
m
be
liabilities
are proportional to their responsibilities,
am ince ve Nvments.
,
shtract
he
ss
mb%
am
rin
e,
Grou
arelisted
being:
tni
mmen
nen
Consultant's Ser
th
sa s;
I
any Joini
emei
the Price ramework;
the Key
Indicators;
any other Partnering Documents.
PerEe
of documents which
323
PPC2000
The ACA advises that at the time of signing the Pro
team should have agreed the following:
erin
by refe
Icula
ring D
ts.
Synopsis of clauses
is a uni
comparisons the same he dings are used as the
contract forms earlier in thi ook
Intentions
Roles, expertise ark
Services Schedu
trust, fairness an
respo 'sibiliti
erin
(Pa
utua
ich appl
Partnering
Client and
stages t
Also in
Consultant's
t) and Tea
Members work in a spirit of
for th
t of the Project (1.3).
fl,
the Project vyi thin the agreed time, price and quality.
hasi novation, improved efficiency, costio of waste, and measurable continuous
Performance
o Key
Indicator targets (4.1).
fl,
effectivene
bjectives
rtner
em r o t,We
iect and for the mut
Parr
im
fl,
Do-c"Wments
324
is in
13
PPC2000
Partnering Team Members work to achieve tr
information, and integrate activities as a co
pera
and
te(3.1
'
e e
iting
y con
(3.6).
arly v
ing systeNaid e
ttersrsely a
nt's Representative as
Client's Representative.
are by consensus (3.8).
e
mber
are to devel
access to co
itiat
m Members s
tion by
ive is
acilitate
ershi
ct Paztneri
TYre'
Client's Repr
Group an
flea m
such
esen tive is to call, organise, attend and minute meeti ngs of the Core
art eringTeam Members as required or scheduled (5.1).
The Clie 's Represe ative organises workshops for the Partnering Team Members,
and organise
monitors contributions of Partnering Team Members to value
value
management
engineering,
and risk management (5.1).
The Partnering Adviser as named in the Project Partnering Agreement may be replaced
at any time by a decision of the Core Group (5.7).
The Partnering Team Members may seek the advice and support of the Partnering
325
13
PPC2000
Adviser on a range of matters, including those liste
2 Time
he actiJ
truction
Agreement.
Members of the Partnering Team are t procee eg'ularl
and by the dates in the Partnering Tim able (Q-1).
The Project Timetable is to be ann
and entries will show the date o
osses
timeta
the Cli
y Sectio
of the site
programming may ke
interrupted posses on int
Comme
Agreement,
corn etion
(6.2). The
r
presentative for
dater
Con ructor rN
Possession
.s
adaccou
sentati
ins
roject
nyrrang
eleration,
imetable
deavour
ppro
to
r asons list d
i
clud nq
tension f the date for completion may be given for any one of 16
ue to matters beyond the Constructor's control and
ineu
rn
%ral
uses
8`3).
Th Constructor must no
}fent's Representative as soon as he becomes aware
of an f the ev
ted, nd upply appropriate evidence and detailed proposals
for overcoming tJae ev is o minimising their impact (18`4).
The Client's Representative /rhust respond within 20 working days of the notification
able extension of time. The Client or the Constructor has
and make a fair a
a
20 working days from the date of the Client's Representative's notice to dispute the
award 0 8`4).
An extension of time which affects consultants, and is not caused by their default, will
bring an equivalent extension of time for performance of Consultant's Services (18`7).
326
13
PPC2000
ve wor
ved. The Cli
`late
S
foll
`.-
ifiative _bra
efects hav
None of the ri
liga
tt
sub-contract
(25.2).
can
ctifie
liqlns of th
e pno
0-0
in
ire
for inspection or testing of any part of the
tion at no cost to the Client of any designs, works, services,
uipment that are defective or otherwise not in accordance with
5(5-3).
mater,
Constructor
working d y f
of
iss
V e
.>_
>o+
--0
Any Partnering Team Member may propose a Change to the Client, and proposed
Changes shall be considered by the Client and the Client's Representative, and if
approved will be notified by the Client to the Constructor (17.1).
327
13
PPC2000
The Constructor within 10 working days will then sub
Change Submission setting out the likely effects in
e Client a Comtr
Q!v
ent
ct
s
aNthe s
tO
the`Cl-t w
eceives
om 0 e sit& rrru t be
fl,
stru
men ement A
ana
reserv
nen
th6-i
sup
an
U57
missi
rs(ubiett to
`3.
all ris
4 Money
The Constructor
Framework (P
are as ente
pay thes
The Ag
and other
Co
en
rease
If the
Performance Ind
each consulta
consequential ad
obepladin
ac drdance 01i
e Partnering Terms and the Price
nering Age emen
e amounts for pre-possession activities
f Pre- sse ion Ad ement and the Client undertakes to
Where an extension of the completion date is awarded for certain events, the
Constructor shall be entitled to additional payment in respect of site overheads and
unavoidable additional work or expenditure (18.5 and 18.6).
328
13
PPC200O
Applications for payment by the constructor
Client at the intervals stated in the Project Bri
Payment can also be related to payment
in the Price Framework. Applications mu
Project Brief, and such further infoy
reasonably require (20-2).
ultar
ach co
hee
.
ac
fea
ity sc
dul
ied b detail
e Clie 's Red
eceipt of the
to be made
ts, Construction
d
15 working days
to a notice issued
made, and the basis of
struction and Regeneration
orking days from the date of
eipt of VAT invoice from the
('9,4).
ction 6v-the Clie t must be made not later than two
for payme (20.6).
hholdi
nt by`fhe Clie,
Agreem
pend
t will
pllowing
Fr
amoun
in 20 days
issue a valuation
1tive
rese
working
fd
ted amount, or
Within 211 orking d s following notice by the Client's Representative confirming that
the Construc
fulfilled all obligations in respect of rectifying defects, the Client's
Representative shall issue to the Client and the Constructor a Final Account. When
agreed this will be conclusive evidence as to the balance of the Agreed Maximum Price
due, and the Client's Representative shall then issue a Final Account valuation (20.15).
329
13
PPC2OO0
work'
medies fo
day r
esoly
the
Statutory obligations
v()
all la
ree Itent tt.
II
ntra
A be
for
fft
st
he )aL rmoses
erson aamed
ers
eir
to t
1
contW7-4).
6 Insurance
responsibilit
Agreeme
O'^
Where s
insuran
default of
the sit
stru cto or
vii
fl,
Insurance of the
thi
t
e insure
h Nawl'ering Tea
nce for the amou
fl-
e risks-to
d in
Part 2 (19.3).
330
vin
+`'
13
PPC2000
O,-+
au
the`rtruct
point
or breaches of the P
A Partnering Team
specified defaults or
giving notice a
If after the
Project du
Represen
edu
are set o
Mem
susp
ntial act
ns
rm
to of
to sp cifie
tive. A
possible
Partri
nfay termina
of the Par
each
nseq
orb
be uiII
pt oZ`nsolvent
consequential actio
he ap
tPartn wing
it be
s,
is
ointme-M of any,
inns of that
ass
ne
ctive ro
in
Each Partnering
-Q-the Prorect-Partn
((DD
HII
The Agree
nt ca
Iso include for a design obligation by the Constructor, and in this
event the obligation under clause 22.1 can be amended in the Project Partnering
Agreement whereby the Constructor accepts full responsibility to the Client for the
design, supply, construction and completion of the Project including the selection and
standards of all materials, goods, equipment and workmanship, and including any
design undertaken before or after the date of the Commencement Agreement by any
331
13
PPC2000
other Partnering Team Member. The Constructor may
the completed Project shall be fit for its intended p,
Section 8 in the Partnering Terms otherwise state
hands of the Lead Designer and other Design T
design with the object of achieving best valu
quirokto waaan
mentli
to de
to
-3).
Designer
Gro
con tatI
the
Following Client approval, and aft
e b s brings the
ther
n Team
applies for full planning permission an
ecia ' s, evelop ent of the Price
design to the level necessary for th selecti
atory approvals
do
Framework, and satisfying of plannin condi
(&3).
M& ?er
other documents t at he p
Partnering Team
Memb
completion of t
Proje
Nothing in t
or rights to,
epares
reem fht
rtnering
less
Nothing
Member
ressK state
nts creates
to s to k
Any
b reference o thi Ii
gree
r the Co
I
vent of
iffere
givp__noti e
The Partnering
shown in the Co
Adviser (27.2).
to
ce
Where use of the Hierarchy fails to provide an acceptable solution within a stated
timetable, the Client's Representative will convene a meeting of the Core Group in an
attempt to reach an agreed solution (27.3).
332
13
PPC2000
chose
refe
the
rsMedia
ny o
m,be`raame
er
m the
Partnering Agreement.
f their
adi
eren
cator
ation
This contract?
If considering using
PC.
i0 re
embe the
act specificall
The conditions
lai
o ed and
sy
a single contr ct bri
in
II im
tant r1
inevitably t s calls r an op
an
Contract dmini
demanding,
If
tultima
res
in
rati
an
prod
as appArent
artneri
arr
d initi
t of an archi ct-
roject partnering.
notion of
binding relationship is,
is
the
andard Fo
References
lanai
333
W
W
334
contracts proceeding in se
unrelated standard agreeme
make sure that there is no
obligations of contra ng parti
andard form
contract, or
as the main
racts, or separate
ation of otherwise
n
ict or sp
are learly
ki
t ou
o
ntra t
the
sly
0C:
to en
that ie inten
mat the alloct tion o
It is neces!
rr
(SI
1994/3140)
early
t1w,?mp1oyer an
in respect
Unfair Ter-ft
in C
s,
(SI
1994/3159)
0-3D
ro
0-c
This legislation applies to contracts for goods and services between a consumer and
a supplier. The former will be a natural person acting in a personal way (e.g. a home
owner) and the latter a person acting in the course of business (e.g. a consultant or
a builder). This is primarily a consumer protection measure, and applies to any term
in a contract which has not been individually negotiated. It calls for fair terms, to be
335
14
Choice scenarios
willot
so care is
e
Check whether: one of the parties is a consu
eded
that the contract complies with the req uire nts
plain ang
erm s a
Most standard forms have not been indi ' ually
tia d. He e he pr
tracts' for sy
attempts to publish building contracts which e c nsu
r c
ildho or co
domestic works. Care is needed if draft g
as cla
appointment agreements to make c ain that the rm
understood by the consumer,
v,.
nji
fl,
dl
principally on
dwelling fo own
incCude contracts
for
building contracts.
roNded that the work is
occupation.
erms xpressly
Check whether: the o
adjudication, and w, ether Faym eet pro dures eet
the Act. If the Act 's appli able t not
ressly i
for Construction ontra
Re
ill automati
As with m
elatin
?fl
Planning
Conditi
might bri
er..
issued or receiv
aff
tructito cover p
hich might becom
fl-
*.,
336
Choice scenarios
14
ty rights re to
r.
re fired
an
taro egal
vice. f
ressly tate that
v':
BCD
('D
f Fai w has a b`
ctor,, who has promised
new prefabrica ed pa
odu
a sub
to the company he
owns. This will be supplied
ected
age. t
al de oration will be needed,
which the members fe
can ndert
sel
ernal works will also be
required, which mus e complet
iQr to d
loc contractor will be needed
to carry out this wor which-incl cles the c ess r
standing, bringing the site
to proper levels, dra cage,
the necessar
oncre base for the pavilion.
The tennis club in the afflue
to donate
he nat
of
t>
minor
wo&tpr th)s
straig
ver p si
wher there are sequential contracts, particularly
rac rs
, are volve The contractor responsible for erection must
ting
nd File c
N[2
beg'
act beinc
ica
(1)
mpede
`I^
res.
ate. Pra
Scenario B
rmis ion f r the latest 'Homeforce' DIY Superstore contained a condition
acade f the 19th-century Boon Mills, which now occupies the site,
should b
tamed. ite clearance is imminent and the selected part of the listed
facade needs to e stabilised and protected in what could be a delicate operation. It
is decided that this work should be entrusted only to an expert demolition contractor.
(.0
Planning
n-0
+-C
,-+
Fin
(El
that the
Which contract?
A separate contract
is
14
Choice scenarios
P=}
II, a
ecia
act
ition con ctors
ake
dem
pro isio fo
ar s allo s for
other
i
Comment
vii
r(6
a_.,
Scenario C
Consider cont
relevant
plus ap
standard
best
dersona
SAO
work who
co
er pr6tection and
ese are no
operation. Retur
Sh
Trades contract
Scenario D
Champers is a popular cellar bar and restaurant in Westville. Success has brought
more sophisticated patrons, a need for expansion, and a more chic ambience. Further
vaults have recently become available, and these development ideas can now be
338
Choice scenarios
14
"
'
fl,
work an
ancecapf
p ro ded by one
nd kitchen
be
must be
ou
arri
per odic or phased
atio
rail direction will
the situation now
ate trades contracts.
Which contract?
re of
worK;
t by a consu
th
ratin as
management contractor.
ateveNpfm, sho.
agreement,
an
Id
osses
stkte basis or valuing work done. State when payments are to be made and
ocedui sinvo
,y:
ol:
state
Establish procedu
nvolvecl_vMNs to
lities
etc.
Insuranc state wh will be responsible for insuring the existing structure, contents
and new w
sider cover for any consequential losses arising from the carrying
:
339
14
Choice scenarios
n w1171P
'
to
e ac
rn
ropria
r
t
co
riate
N-?
Which contract?
If the entire operation is to b
sum contract (e.g. JCT
d by one
sub-contractors.
Alternatively, the peciali
firm could be considered as the principal
contractor with erall r
iIity r rcar
work. The builder would then
be a sub-contracto respo ible f r care g out work on the building envelope
including ne ssa
dant bui ders' vv ork` onsider either a lump sum building
contract (e JCf98) o
ropr"gineerj g contract as the main form. Where
appropri e, a n
e w
is
nveniently s, If-contained, there could be separate
parallel
ntract fort e bu ding
rk and he engineering work.
.
former
rvice
e
dscape
vv,
For the proposed Eventide Homes cluster development, specially designed with the
needs of the over-60s in mind, it is thought that the external landscaping needs to
provide a particularly tranquil setting. The architect-led design team includes a
340
Choice scenarios
14
is to be named u
er
appropriate forms either NAM or NSC
ing
to'
uildi
b- =ntrac
r.
IFC9
landsc
to
mbtesho
ties
ters
malicious damage or thef befo
ora ical
ordinarily appear in a building ntract,.
m
i,
Ian
ake,.
fail e
letion.
d
u
ecific reference to
aintenance, and
items would not
fl,
riate
_4'
evant JCL
easurement
racticable (e
if there is a substantial amount of earthciated
rk of a civil engineering type), it may be more
of ditions of Contract for Minor Works.
is
ring
onsid
fl,
taine
ntract for landscape work, it is probably best administered
andscape
tect.
reful coordination will be needed if it is a contract in
parallel with anoth
Iclj g contract.
fl,
fl,
The new ouncil office under construction at Tan-y-groes have attracted a great deal
of media
est. W rk has not proceeded to programme and failure to complete by
the contract completion date would be a matter of intense civic embarrassment, as
arrangements are already in place for an opening ceremony by a distinguished person.
To make sure that this will go ahead as planned, it has been decided to omit all the
landscape work to the central sculpture court. The building can be occupied and the
landscape work can proceed at a later date under a separate contract.
341
14
Choice scenarios
Thi
clos
mo led
for ealin
ith ;ffieation
maint ance.
tte+
i
bt
to be left as shells,
ing out the interiors
ite separate from the
terioiork
Shop-fitting and
respect of each
the
nit.
an
the_
-f,
ntracts
0-0
The oil rich port of Fyl-yr-Up requires new state of the art terminal facilities. This is likely
to be a large-scale and sophisticated construction operation calling for significant
engineering installations which must be coordinated and integrated with great
precision into a series of buildings which will operate as the necessary plant
342
Choice scenarios
14
in
ma
f ctory.
d be
re
tre endo
co
le.
isruptio
.-r
ys or
rovid
be`reqq uired-.
quire
contratt
for a-new
seve
er
ed u
of
oup
we
of
36-week contract. His employment was
the
ms of the contract, and it is accepted that
question.
+-V
,l<
If the cir umstances r climate for tendering has changed markedly since the original
tenders, it
h
e necessary to amend the original documents and invite new
competitive tenders. An insolvency practitioner acting on behalf of the original
contractor should be consulted and must be kept fully informed of all developments.
Employer's costs and expenses arising out of the determination might be part of the
claim to be brought against the original contractor.
0-'
343
14
Choice scenarios
jrds
le
ewha errat
o act
recei
3rv cou e of aftioh js
so
.-t
fl,
nt
y rein st
ity
co
uld
I
.-+
r-.
fl,
previou
payable
fl,
.^+
'"'
ed
d novation. In this
ng
contr ctor w
complete t e work, an adjustment of the
almo i evitabl The
r might also have reservations
sibility for ork al
carried out and perhaps covered up,
ble The H s of taking on work undertaken by
be in
n be
ared b an additional single fixed premium
ew Healt and Safety Plan might be required.
fl,
fl'
Where a substitu
completion date
about acceptin
and additio
der
quired a
co
tor,
betw`
ass
tin
Dragon` iousm,
out n ing ite
fl,
cc.
--6
fl-
fl,
fl,
fl,
c+'
The outstanding work could be carried out on a lump sum or preferably a cost plus
basis by another contractor. An exchange of letters might be considered sufficient, but
this would probably still be a 'construction contract' to which the payment
procedures and adjudication option would apply. Depending on the extent and
c-0
344
Choice scenarios
14
0-o
a competition was
inting of several High
es is in need of some
dwork and ironwork also
ostly routine maintenance
tfo
enti
'
w rk is
woul
d, an
ti-
ident
and j
uilders.
presume
.'^
345
14
Choice scenarios
C--
Consider
be avoided.
erri
TC%05. Some
on acts usually
tracts
%th
m loyer.
fl,
%ve
cquis
Allday fa
em
ily h
,-+
y,
rk. It
vic on what
a
is
D0-
Scenario Q
needed
maamount of
"
-.-
Assuming that th archite is se Vtcesarg, no longer reclfired, and that this is a private
residence for oc upatio Vby e AI
then consumer contract (e.g. JCT
Building Contract
a
wn r/OccWier) would be a safe recommendation.
fl,
An excha ge of
rs, or ve
asic formal greement (e.g. JCT Contract for Home
Repairs
d Ma tena ce) c uld b conside ed as an alternative, but neither is likely
to provide
equa contr ct Condi n The fact that this is work to a private
resi
nc
r
ner occ ation means that statutory requirements relating to
a Judication and
ment rovisions under the Housing Grants, Construction and
-Q-
pply.
346
Bibliography
rip
Chappell, D.
The JCT Intermediate Building Contra
3rd edn, Blackwell Science (2006)
Chappell, D.
The JCT Minor Works Buildi
3rd edn, Blackwell Science (
Chappell, D.
The JCT Design and B
3rd edn, Blackwell Sc
nom
Davidson, J.
JCT 2005 What's Ne
RICS Books (20
0,v2
Rethinking
HMSO
(1
Egglesto
The
Bla
am,
Constructi
HMSO
(1
Sarah Lupton
rye
Guide to MPF03
347
Bibliography
0-O
Sarah Lupton
Guide to SBC05
RIBA Enterprises (2006)
Sarah Lupton
Guide to IC05
RIBA Publishing
(forthcoming)
Sarah Lupton
Guide to MW05
RIBA Publishing (forthcoming)
Sarah Lupton
Guide to DB05
E
MacRoberts, Solicitors
IAI
Y,1111
348
Index
36,56
(see also
Construction Contract,
su
tractors and
4,207,
'approximate quantities',
architect's appointment,
of Building (CIOB)
CIOB
1
LOB
design nd buil
ini Form
20, 64
procu
men
363
manag
ent, 3
ent pro
Architec
eying Institu
172-8,
58, 299
(ASI)
03-6
hitects
ment 1982
003 Rev
of Building (CIOB)
Conditions of Contract
:A 3tanc
clerk of works, 37
rtneringg
Conditions o
management contracts, 57
bills of quantities,
349
Index
C
completion contracts, 343
19
88
conservation work, 26
Construction (Design and Management)
Regulations 1994 (SI 1994/3140), 335
gn,
eg
,
an
09-10,
Cons
c1
15,, 162,
ontra
/ forks
(J
C/CM), 297-306
ICE
JCT
2006
JCT
ntract
contrlactt profile`;
134
Contract
C
ntrac' 2005,`Q1
ification the
design j
97
,
16
en36,
37,
ment,
33
al
tual relations
S31070
min
ointmen
design an
9ctor ap
41
60
typks
BA-1
consultant's
ntract
ontra
luctua
uctura
Contra
Ski Its Ce
ntit
JCT
Construction
rth Q
CchrNtion
JCT Irate
on,rme diate Bui
24
per
rocure
cure
ent, 42
JCT Design
traV4Lo al procureme
254, 255
JCT
121, 128
design and buii)6pfzaremenJ, 35
traditional procure?niL4
1-2, 33, 34
JCT
350
JCT
1CT
JCT
86
JCT Trade
Contract, 308
71
Index
ariso
co
JCT
tract
46-7
al relate
forms f contr
contractor's liability, 18
ACA Form
ild
and
ships,
t, 249-7
assessme t, 44, 4
ty,
sig
ng an
C),
(bantities (1998), 98
G C/Works,
Cont
7, 91
contractor's responsibiliti
design and build
tanda
desig
tracts
contractor's staff,
Contracts (Righ
336-7
BA
traditional procurement, 33
ACA Form of Building Agreement, 145, 151
racts, 4Y-2
re ment, 4
d
E6a
222
ontrac
ICE
1w.1
ICE
lZ-
Version, 214
cosy
ICE
39-47
Contract, 266
Defective Pr
ses
see nsurance
Act
19 2, 18, 85
JCT
defects re ification, 53
defence cont
71, 72, 81
51
JCT
Forms),
JCT
u-,
251-64
254
203-6
rope
O_1
mage t
351
Index
0
a murrrjnce) co
1CT
s,
51,
um
ice'
P) c
JCT
toric buildi
mlmprQveme
home
con
hour gran
g,
see
87-9
rks
ement for ou
dition (J
nts, CbQstTn<tion
differ
ment o
ICNCondif1ons 6
ditionnN(2001),
E
221-6
Design
d Construct Conditions of Contract
econd Edition (2001) (ICE/D&C), 265-72
Financial Control, 25
.-
forms of ap
InsR
forms of c
Framework
ICE; New
Engineering Contract Document (NEC)
Fram
315-17
interest payments, 19
ements,
ctionkrel3itionships, se
relationships
S,
age Design an
273-7
GC/Works/1 With Quantities (1998), 96-106
352
JCLI, see
(JCLI)
JCLI
JCT, see
Index
C1_
re
stn'
co#itractsh342-
cators
fl-
194-9
laly, scape
to p
ent,
of Co
ay
99,
Construction Management
m Report,
X107
of coW
New',Rnai7reeri
tract 2005
ultant; 6,
31
335-6
FA),
315-17
!finding
(JCT
authority requirements, 63
to Buildi
5), 119,
roject
nstru
9-82
m Contract 2
6 Editi
TC06),
Minor Works
MW
d
Repair
(JCT,
I)
management contracts, 58
ainten
mmerc
2006,
example, 345-6
JCLI
Xtandar
ilding
Works, 168
SBC651,
ilding
Standard For
(JCT98), 69
JCT
Sta
Appro
SBCO
Stan
rd Fo
ate
/AQ
of
uanti
09-12
Form of
(JCT MTC06),
228-35
139-42
Major Project Construction Contract
69-82
(JCT
MP05),
353
Index
M
management contracting (continued)
risk assessment, 45
Buildi g
tesi
Am6
75
n Build,
comparisons, 46-7
edi*',9.uildin
JCT
126,
JCT
Mrafroject
Co
inorW(o_UBuildin
era
ndard
measurement contracts, 54
standard forms, 207-
(Cl
203-6
51
005
try (2004),
,4),
Wor
SBCC
CIOB
42
CT
nda
JCT S
Mini_Torms`),
175
Eng
Contr
orks/
ns
of
(2001
NHS LIFT, 51
NHS ProCure, 51
61
ICE
ICE
1CT
354
Version, 220
Design and Construct Conditions of
Contract, 272
JCT
Index
ini For
ieerin
),
of
Conic
tructi
d Co
-13
f Constructi
165
JCT
novation, 36, 41
Olympic construction programme, 20
overseas projects, 20
ICE
Condltiorof
rsion, 21
rking
I
Contr
management proc
6ment,
phase
Ag re
(ding
and Co
JCT
%ruc
t, 145
of
on ditio
JCT
301
reemen for
La
struction
dscr V`
nageme)
169
Agreemen
JCT Design
ild Contract 20
ng ConMcts, 120
JCT
JCT
JCT
JCT
?CT
stc
Contract,
JCT Repair
241
JCT
1CT Trael-PContra
rrange ents,
and
89-90
forms, 31:
1CT
JCT
Partnering`B.tion X12,18-20
242-3
JCT Trade
payments to contractor
JCT
Contract, 309-10
Works Contract
SBCC Forms
of Contract, 182
355
Index
P
PFI
act (a1-'
Home 0
t Ag re
of Contract, 174
ICE
r Home Kepairs a
rac
Maintena
ten-ftftate
JCT
JCT
JCT
JCT Trade
MajdhA.TqjecKo structi
Contract, 71
Measured Term
6, 228, 230
Minor`W6rkss Buildin
Contract, 308
and For
With )appro
traditional
e also
JCT Stan
239, 2}s
cts, 337-.40
see 'named' s
iers
rm of
l7
f lding, gree
f Contract, 172,
,f
Contrac
and Corii
)
price
309
Prim contracting, 51
e Cost Contract 1998 Edition (JCT PCC98),
239-47
CIOB Min`
Engi
of Building Contract
Quantities 2005, 209
Stan
ntract
28-9
g Contract 2005, 89
tandar
management procurement, 3
(NE
06
(Comm
uction
Thir
5
!i's
of Contr
JCT
Contract M
JCT
188, 190
356
Contracts 2005,
d Mai
JCT
possession dates,
possession)
Bu
48-9
ProCure 21, 51
Index
krm of %ildiing
re'
antities
43-5
risk assessment,
98), 158
998)/ntla
bf C
Agreement), 299
CE De
provisional sums, 34
Public Contracts Regulations 2006,
ract,
1
CLI
Aa7semenf
ttisli
tract, 179-83
CC Form
ectiori
342
',
37
efects
'Sing
ectification
of contract,
Regional Prime
irec
cial for
onstruc
ent' co
rk)
stage payments, 19
Stand Alone Capital Projects Prime Contract,
nn,
Housind
Agreeni
Main nana
2006 e ti n (JCT
epair an
k, see
(Commerc)
mainte
ent Enginee
i_sk
101, 2
(JCT
PPC2000,321-33
-5, 4
of Work, 3
asses5a<ent,
83-95
Standard Form of Building Contract 1998 (JCT98),
69
ation work,
RIBA Plan
51
Works,
000
1CT
h B
(SBCC)
Schedule 2 Quotation, 89
Schedule of
Rates, 54
179-83
suppliers)
357
Index
5
sub-contractor appointment and management
(continued)
Con
traditional procurement, 33
uctio
164
of Contract, 174
GC/Wd
ICE
ConditO
nditi
`-'
223
Ver3i9nl
esign
Cont
ct Co
ions of
esign a
ediat
ks,
C3)
JCT
CbRs
67
greerRgnt or Housi
of Co
15
300
CT
1CT Design
and
JCT
Intermediate
JCT
Major
iIding
n dacts,
Con ruction
Pr
JCT
70, 75
1CT
JCT Rep
6, 230
Me
200
88, 94
ontract, 284
JCT Standard Form
241
JCF
SBCC For
ply of
ensi
of
rti
and Servi
5rk,
19
Works Contract
308
1
and
and 3, 293
4,27-8,59
comparisons, 46
ACA Form of Building Agreement, 145
of Contract, 204
358
Index
61
term
la
ildin
late
or
onstructio
Project
3,
1Cair an
omrl)
-116
CT'Sta
cl'akdki lding
Contra
1CT-Tr
4, 276
'withou
tr,
tracts egulations
stages,
309
84
'wi
977,
al warranties
ties, s
54,84
e plan
of work
Works Contractors,
ac
g"' 282, 292
nsumer,Contrac
works
Wo
39
Bank funded projects, 20
ons, 37>54
ment, 147
f Contra
B
PDT
Mini
or
or Proj ct
ditiorr'of Con
,216
Design-rod-Ce-Kstruct Conditions of
Contract, 268, 269
ICE
JCT
359
',-Z
fl.
n or her
s.co
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