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The JCT Design and Build Contract: 2005

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The JCT Design and Build Contract

2005

By David Chappell

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Format: Hardback, 288 pages, 2005 Edition
Other Information: illustrations
Published In: United Kingdom, 04 June 2007
The Joint Contracts Tribunal issued a new Design and Build Form in 2005, a successor to the JCT Standard Form of Building Contract with Contractor's Design. It looks substantially different from its predecessor and it is different in structure and often in its wording. This major new edition of David Chappell's well regarded book has been substantially revised to take account of the new contract terms and different structure. It also considers: the latest RIBA Terms of Engagement; the standard novation agreements from the CIC and City of London Law Society; and, more than 70 additional cases. It discusses areas where problems frequently arise: the allocation of design responsibility; discrepancies; the role of the employer's agent; payment provisions; and, the approval of drawings. The book will be useful for contractors, for professionals acting as employer's agent, whether architect, engineer or surveyor, and for the design team acting for the contractor. It will also be of interest to employers embarking on design and build for the first time and to lawyers. From reviews of the last edition: 'an authoritative guide to case law [this book] is also unafraid of controversy...it remains an enjoyable and essential read for professionals and lawyers involved in design and build' - "Building". 'David Chappell's knowledge of his subject is encyclopedic, but allied to an ability to explain difficult questions in an accessible format' - "Construction Law". The Author David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last twenty years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Professor and Senior Research Fellow in Architectural Practice and Management Research at The Queen's University Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely. Also of interest "The JCT Intermediate Building Contracts, Third Edition", David Chappell, 1405140496, 9781405140492 "The JCT Minor Works Building Contracts 2005, Fourth Edition", David Chappell, 1405152710, 97814051 5271 6 "The JCT 05 Standard Building Sub-contract", Peter Barnes, 1405140488, 9781405140485 "The Law & Management of Building Subcontracts, Second Edition", John McGuinness, 1405161027, 9781405161022 "The NEC 3 Engineering and Construction Contract, Second Edition", Brian Eggleston, 0632053860, 9780632053865 "One Hundred and Fifty Contractual Problems and their Solutions, Second Edition", Roger Knowles.

Table of Contents

Preface. 1. INTRODUCTION. 1.1 Definitions. 1.2 Advantages and disadvantages. 1.3 The architect's role. 1.4 Standard forms available. 1.5 Tendering procedures. 2. CONTRACT DOCUMENTS. 2.1 The documents. 2.2 Completing the form. 2.3 Employer's Requirements. 2.4 Contractor's proposals. 2.5 Contract sum analysis. 2.6 Supplementary provisions. 2.7 Priority, discrepancies, errors. 2.8 Custody and copies. 2.9 Notices. 3. DESIGN LIABILITY. 3.1 General principles of design liability. 3.2 Liability under the contract. 3.3 Design liability optional arrangements and consequences. 3.4 Consultant switch and novation. 3.5 Novation agreements. 3.6 In house or sub let. 3.7 Consultant warranties. 4. THE CONTRACTOR'S OBLIGATIONS. 4.1 Express and implied terms. 4.2 Implied terms. 4.3 Express terms. 4.4 Other obligations. 5. THE EMPLOYER'S POWERS AND DUTIES. 5.1 Employer's agent. 5.2 Express and implied terms. 5.3 Instructions. 5.4 Powers. 5.5 Employer's duties. 6. SUB CONTRACTORS AND SUPPLIERS. 6.1 General. 6.2 Sub contractors. 6.3 Statutory requirements. 6.4 The Construction (Design and Management) Regulations 2007. 6.5 Work not forming part of the contract. 6.6 Third party rights and collateral warranties. 7. POSSESSION, PRACTICAL COMPLETION AND RECTIFICATION. 7.1 Possession and deferment. 7.2 Progress. 7.3 Practical completion. 7.4 Partial possession. 7.5 Defects liability period. 8. EXTENSION OF TIME. 8.1 Principles. 8.2 Contract procedure. 8.3 Relevant events. 8.4 Liquidated damages. 9. FINANCIAL CLAIMS. 9.1 Types of claim. 9.2 Application for direct loss and/or expense. 9.3 Supplementary provision procedures (S7). 9.4 Grounds for direct loss and/or expense. 9.5 Antiquities. 10. PAYMENT. 10.1 The contract sum. 10.2 Interim payments. 10.3 Applications. 10.4 Employer's right to withhold payment or to deduct. 10.5 Retention. 10.6 Final payment. 10.7 Advance payment. 10.8 Changes. 10.9 Valuation of changes under the supplementary provisions. 10.10 Fluctuations. 10.11 VAT. 11. INSURANCE AND INDEMNITIES. 11.1 Injury to persons and property. 11.2 Employer's liability. 11.3 Insurance of the Works. 11.4 Insurance of the Works: new building. 11.5 Insurance of the Works: existing building. 11.6 Terrorism cover. 11.7 The Joint Fire Code. 11.8 Professional indemnity insurance. 12. TERMINATION. 12.1 Common law position. 12.2 Termination generally. 12.3 Termination by the employer. 12.4 Termination by the contractor. 12.5 Termination by either party. 13. DISPUTE RESOLUTION. 13.1 Introduction. 13.2 Adjudication. 13.3 Arbitration. 13.4 Litigation. Table of cases. Clause index. Subject index.

About the Author

David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has worked as an architect in the public and private sectors and is currently the Director of David Chappell Consultancy Ltd. He frequently acts as an adjudicator and is author of ten books on construction law for Blackwell Publishing.

Reviews

"A thoroughly good read and exceptionally good guidance on the latest JCT design and build contact. I would thoroughly recommend this book to any of the parties for whom it was intended." (Expert and Dispute Resolver, Winter 2008) "an immensely competent book which every site owner and contractor should read before entering into the contract" (Construction Law Digest) "well illustrated and easy to read" (Chartered Surveyor Monthly) "an enjoyable and essential read for professionals and lawyers involved in design & build" (Building Magazine) "a first rate commentary on JCT 98 With Contractor's Design." (Construction Law)

EAN: 9781405159241
ISBN: 1405159243
Publisher: Blackwell Publishing Ltd
Dimensions: 24.38 x 17.78 x 1.52 centimetres (0.77 kg)
Age Range: 15+ years
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