This book provides a comprehensive guide to the 2024 edition of the JCT Design & Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties and administer the contract in an accurate and timely manner.
This book provides a comprehensive guide to the 2024 edition of the JCT Design & Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties and administer the contract in an accurate and timely manner.
Seán Mac Labhraí is a solicitor and the Chief Operating Officer at the Ardmore Group. He is a Fellow of the Chartered Institute of Arbitrators and a CEDR Accredited Mediator.
Inhaltsangabe
Table of Contents Introduction * Key Changes from the 2016 Edition of the JCT Design & Build Contract * The parties * Overview of the Contract Documents How to use this book Part 1: Commentary 1. The Agreement * The Recitals * The Articles * The Contract Particulars * Attestation 2. The Conditions 3. Section 1: Definitions and Interpretation * Definitions * Interpretation 4. Section 2: Carrying out the Works * Contractor's Obligations * Possession * Supply of Documents, Setting Out etc. * Discrepancies and Divergences * Design Work - liabilities and limitation * Fees, Royalties and Patent Rights * Unfixed Materials and Goods - property, risk etc. * Adjustment of Completion Date * Practical Completion, Lateness and Liquidated Damages * Partial Possession by Employer * Defects * Contractor's Design Documents 5. Section 3: Control of the Works * Access and Representatives * Sub-Contracting * Employer's Instructions * CDM Regulations 6. Section 4: Payment * Contract Sum and Adjustments * Taxes * Payments and Notices - general provisions * Interim Payments - calculation of sums due * Listed Items * Retention * Loss and Expense * Final Statement and Final Payment 7. Section 5: Changes * General * The Valuation Rules 8. Section 6: Injury, Damage and Insurance * Personal Injury and Property Damage * Insurance against Personal Injury and Property Damage * Insurance of the Works and Existing Structures * Professional Indemnity Insurance * Joint Fire Code - compliance 9. Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties * Assignment * Performance Bonds and Guarantees * Clauses 7A to 7E - Preliminary * Third Party Rights from Contractor * Collateral Warranties from Contractor * Third Party Rights and Collateral Warranties from Sub-Contractors 10. Section 8: Termination * General * Termination by Employer * Termination by Contractor * Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations * Consequences of Termination under clauses 8.9 to 8.11, etc. 11. Section 9: Settlement of Disputes * Mediation * Adjudication * Arbitration 12. The Schedules * Schedule 1: Design Submission Procedure * Schedule 2: Supplemental Provisions * Schedule 3: Insurance Options * Schedule 4: Code of Practice * Schedule 5: Third Party Rights * Schedule 6: Forms of Bonds * Schedule 7: JCT Fluctuations Option A 13. The Employer's Requirements 14. The Contractor's Proposals 15. The Contract Sum Analysis 16. Other frequent contract documents: * Performance bonds * Parent company guarantees * Collateral warranties * Novation agreements * Vesting certificates * Third party agreements 17. Part 2: Resources for Contract Administration * Contractor Resources * Employer Resources Further reading Glossary Subject index Clause index
Table of Contents Introduction * Key Changes from the 2016 Edition of the JCT Design & Build Contract * The parties * Overview of the Contract Documents How to use this book Part 1: Commentary 1. The Agreement * The Recitals * The Articles * The Contract Particulars * Attestation 2. The Conditions 3. Section 1: Definitions and Interpretation * Definitions * Interpretation 4. Section 2: Carrying out the Works * Contractor's Obligations * Possession * Supply of Documents, Setting Out etc. * Discrepancies and Divergences * Design Work - liabilities and limitation * Fees, Royalties and Patent Rights * Unfixed Materials and Goods - property, risk etc. * Adjustment of Completion Date * Practical Completion, Lateness and Liquidated Damages * Partial Possession by Employer * Defects * Contractor's Design Documents 5. Section 3: Control of the Works * Access and Representatives * Sub-Contracting * Employer's Instructions * CDM Regulations 6. Section 4: Payment * Contract Sum and Adjustments * Taxes * Payments and Notices - general provisions * Interim Payments - calculation of sums due * Listed Items * Retention * Loss and Expense * Final Statement and Final Payment 7. Section 5: Changes * General * The Valuation Rules 8. Section 6: Injury, Damage and Insurance * Personal Injury and Property Damage * Insurance against Personal Injury and Property Damage * Insurance of the Works and Existing Structures * Professional Indemnity Insurance * Joint Fire Code - compliance 9. Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties * Assignment * Performance Bonds and Guarantees * Clauses 7A to 7E - Preliminary * Third Party Rights from Contractor * Collateral Warranties from Contractor * Third Party Rights and Collateral Warranties from Sub-Contractors 10. Section 8: Termination * General * Termination by Employer * Termination by Contractor * Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations * Consequences of Termination under clauses 8.9 to 8.11, etc. 11. Section 9: Settlement of Disputes * Mediation * Adjudication * Arbitration 12. The Schedules * Schedule 1: Design Submission Procedure * Schedule 2: Supplemental Provisions * Schedule 3: Insurance Options * Schedule 4: Code of Practice * Schedule 5: Third Party Rights * Schedule 6: Forms of Bonds * Schedule 7: JCT Fluctuations Option A 13. The Employer's Requirements 14. The Contractor's Proposals 15. The Contract Sum Analysis 16. Other frequent contract documents: * Performance bonds * Parent company guarantees * Collateral warranties * Novation agreements * Vesting certificates * Third party agreements 17. Part 2: Resources for Contract Administration * Contractor Resources * Employer Resources Further reading Glossary Subject index Clause index
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