The JCT Intermediate Building Contracts 2005

ISBN-13: 9781405140492 / Angielski / Twarda / 2006 / 392 str.

David Chappell

Opis

Chappell: The JCT Intermediate Building Contracts 2005 - Front Jacket Flap

This book provides a practical tool for all those using the suite of JCT Intermediate Building Contracts. It deals with the form under topics, considering the roles of the various parties and important matters such as payments, claims, termination and dispute resolution.

Legal language has been avoided in favour of simple explanations of legal concepts, supported by flowcharts, tables and sample letters.

The Third Edition has been substantially revised to take account of the 2005 versions of the main contract and subcontracts - the first major update since 1984 - and includes discussion of the completely new form which makes provision for contractor's design.

The structure of the main contract has changed dramatically, clauses have been rearranged, renumbered and reworded, sectional completion has been incorporated and some terminology has been changed.

Almost 50 new cases have been included as well as relevant recent legislation.

David Chappell's books have always been known for their readable style and practical approach to contract problems. This book is no exception.

From review of previous edition

'will instantly appeal to contract administrators and others' - Construction Law

Chappell: The JCT Intermediate Building Contracts 2005 - Back Jacket Flap

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 fifteen years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was 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.

Chappell: The JCT Intermediate Building Contracts 2005 - Back Outside Jacket Text

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Cover design by Workhaus

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Recenzje

"The third edition of this well–established text continues to provide sound guidance in respect of the revised IC and also introduces a new version of the form, the Intermediate Form with Contractor′s Design (ICD).
All the clauses relating to a particular subject are dealt with comprehensively in a clear and logical manner together with the relevant case law. The book has a number of useful features which will be appreciated by busy practitioners; these include a bullet pointed summary at the end of each chapter, flowcharts and over 60 sample letters providing good practice models for both contractors and contract administrators to follow.
It does represent good value for practitioners, especially when one considers how expensive ignorance can be when contractual matters are wrongly handled."
Building Engineer, November 2006

Spis treści

Preface to the third edition; Chapter 1 The Purpose and Use of IC and ICD; 1.1 The background; 1.2 IC documentation; 1.3 The use of IC; 1.4 Completing the form; Chapter 2 Contracts Compared; Chapter 3 Contract Documents and Insurance; 3.1 Contract documents; 3.1.1 Types and uses; 3.1.2 Importance and priority; 3.1.3 Errors; 3.1.4 Custody and copies; 3.1.5 Limits to use; 3.1.6 Notices ; 3.2 Insurance ; 3.2.1 Indemnity; 3.2.2 Injury to persons and property; 3.2.3 Things which are the liability of the employer; 3.2.4 Insurance of the Works: alternative clauses; 3.2.5 A new building where the contractor is required to insure; 3.2.6 A new building where the employer insures; 3.2.7 Alterations or extensions to an existing building; 3.2.8 Benefits for subcontractors; 3.2.9 Joint fire code; 3.2.10 Terrorism cover; 3.3 Summary ; Chapter 4 The Architect′s Authority and Duties; 4.1 Authority; 4.1.1 General; 4.1.2 Express provisions; 4.1.3 The issue of instructions: general; 4.1.4 Instructions in detail; 4.2 Duties; 4.2.1 Duties under the contract; 4.2.2 General duties; 4.3 Summary ; Chapter 5 The Contractor′s Obligations; 5.1 Express and implied obligations; 5.1.1 Legal principles; 5.1.2 Execution of the Works; 5.1.3 Workmanship and materials; 5.1.4 Statutory obligations; 5.1.5 Person–in–charge; 5.1.6 Levels and setting out; 5.2 Other obligations; 5.2.1 Access to the Works and premises; 5.2.2 Drawings, details and information; 5.2.3 Compliance with architect′s instructions; 5.2.4 Suspension of performance; 5.2.5 Other rights and obligations; 5.3 Summary; Chapter 6 The Employer′s Powers, Duties and Rights; 6.1 Express and implied powers and duties; 6.1.1 Co–operation or non–interference; 6.2 Rights; 6.2.1 General; 6.2.2 Deferment of possession of the site; 6.2.3 Deduction/repayment of liquidated damages; 6.2.4 Employment of direct contractors; 6.2.5 Rights as to insurance; 6.3 Duties; 6.3.1 General; 6.3.2 Payment; 6.3.3 Retention; 6.3.4 Other duties; 6.4 Summary; Chapter 7 The Clerk of Works; 7.1 Appointment; 7.2 Duties; 7.3 Responsibility; 7.4 Summary; Chapter 8 Subcontractors and Suppliers; 8.1 General; 8.2 Subcontractors; 8.2.1 Assignment and subcontracting; 8.2.2 Named persons as subcontractors; 8.3 Statutory authorities; 8.4 Work not forming part of the contract; 8.5 Third part rights and collateral warranties; 8.6 Summary; Chapter 9 Possession, Practical Completion and Defects Liability; 9.1 Possession; 9.1.1 General; 9.1.2 Date for possession; 9.2 Practical completion; 9.2.1 Definition; 9.2.2 Consequences ; 9.2.3 Partial possession and sectional completion; 9.3 Rectification period; 9.3.1 Definition; 9.3.2 Defects, shrinkages or other faults; 9.3.3 Frost; 9.3.4 Procedure; 9.4 Summary; Chapter 10 Claims; 10.1 General; 10.2 Extension of time; 10.2.1 Legal principles; 10.2.2 Liquidated damages; 10.2.3 Procedure; 10.2.4 Grounds; 10.3 Loss and expense claims; 10.3.1 Definition; 10.3.2 Procedure; 10.3.3 Matters grounding a claim; 10.4 Summary; Chapter 11 Payment; 11.1 The contract sum; 11.2 Payment before practical completion; 11.2.1 Method and timing; 11.2.2 Valuation; 11.2.3 Amounts included; 11.3 Payment at practical completion; 11.4 Retention; 11.5 Final payment; 11.6 The effect of certificates; 11.7 Withholding payment; 11.8 Variations; 11.9 Valuation of contractor s designed portion; 11.10 Fluctuations; 11.11 Summary ; Chapter 12 Termination; 12.1 Termination by the employer; 12.1.1 General; 12.1.2 Grounds (clause 8.4.1): contractor′s defaults; 12.1.3 Grounds (clause 8.5): insolvency of contractor; 12.1.4 Grounds (clause 8.6): corruption; 12.1.5 Grounds (clause 8.11): neutral causes; 12.1.6 Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover;12.1.7 Consequences (clauses 8.5.3, 8.7 and 8.8); 12.1.8 Consequences (clauses 8.11 and paragraph C.4.4 of schedule 1); 12.2 Termination by the contractor; 12.2.1 General; 12.2.2 Grounds (clause 8.9): employer′s faults; 12.2.3 Grounds (clause 8.10): insolvency; 12.2.4 Grounds (clause 8.11): neutral causes; 12.2.5 Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover; 12.2.6 Consequences (clause 8.12); 12.2.7 Consequences (paragraph C.4.4 of schedule 1 and clause 6.10.2.2); 12.3 Summary; Chapter 13 Contractor s designed portion (CDP); 13.1 General; 13.2 Documents; 13.3 The contractor s obligations; 13.4 Liability; 13.5 Variations; 13.6 Insurance; 13.7 Summary; Chapter 14 Dispute Resolution Procedures; 14.1 General; 14.2 Adjudication; 14.2.1 The contract provisions; 14.2.2 The Scheme: notice of adjudication; 14.2.3 The Scheme: appointment of the adjudicator; 14.2.4 The Scheme: procedure; 14.2.5 The Scheme: adjudicator s powers and duties; 14.2.6 The Scheme: the adjudicator s decision; 14.2.7 The Scheme: costs; 14.3 Arbitration; 14.3.1 General ; 14.3.2 Procedure; 14.3.3 The appointment of an arbitrator; 14.3.4 Counterclaims; 14.3.5 Powers of the arbitrator; 14.3.6 Third party procedure; 14.4 Legal proceedings; 14.5 Summary;.

Appendix A Intermediate Named Sub–Contractor Tender and Agreement (ICSub/NAM/IT), (ICSub/NAM/T), (ICSub/NAM/A); Appendix B Intermediate Named Sub–Contract Conditions (ICSub/NAM/C);Appendix C Intermediate Named Sub–Contractor/Employer Agreement; (ICSub/NAM/E); Table of Cases; Clause Number Index to Text; Subject Index.

O autorze

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.

Blurb

The 2005 version of the JCT Intermediate Building Contract has introduced a very different looking contract format and a number of changes to contract conditions. A completely new Intermediate Building Contract with Contractor′s Design has also been issued.

This well established guide, which has been thoroughly updated, looks at the changes and key aspects of both forms, and takes account of new case law since the last edition of the book published in 1999. It also discusses the new subcontract agreements.