JCT 2005: Clause by Clause

JCT Clause by Clause [Phil Griffiths] on leondumoulin.nl *FREE* shipping on qualifying offers. * Uses a novel clause-by-clause approach to explain the.
Table of contents

By using our website you agree to our use of cookies in accordance with our cookie policy.

Not only have the forms been redrafted using less legalistic language and sorted into a more user-friendly format, important developments have also been incorporated, triggered by changes in both the industry and the law. Space and time prevent an exhaustive analysis of all such developments. Instead, the focus of this talk will be on four key areas in which the most striking changes appear to have been made, namely: This has manifested itself in several different ways.

Section-Headed Approach The documents published so far adopt a "section-headed" approach rather than a "clause-by-clause" structure, splitting each contract into parts with titles such as "Carrying Out the Works", "Control of the Works" etc. To a familiar user of the forms, such a re-jigging certainly appears a little unfamiliar.

The sectional approach has had the effect of rearranging the conditions in such forms. The net result is an undoubtedly more "user-friendly" contract designed to be more accessible to contracting parties and construction professionals alike. Project-Specific Approach Perhaps in an attempt to encourage contracting parties to properly fill in details of the works to which the contract relates, "project-specific" information, traditionally located in the Appendix to the conditions, has been shifted to the front of the Contract in what is generally known as the "Contract Particulars".

The Contract Particulars also include, for the first time, the identity of parties to whom third party rights are to be given and factors regulating liability under the contract such as net contribution clauses for subcontractors. This is an important inclusion and is discussed in more detail below. Integration of Supplements Another welcome development is the integration of some supplements into the main text of the Contracts, obviating the need to read two documents together or, in the case of hard copies, to make numerous amendments to clauses.


  • !
  • WordPress 3 Search Engine Optimization?
  • ?
  • Bill Warringtons Last Chance: A Novel.
  • .

For example, under the Standard Building Contract "SBC " , sectional completion is dealt with by express contractual provisions in particular, the Articles of Agreement, the Contract Particulars, the Definitions under clause 1 and the Conditions rather than by the addition and incorporation of a supplement.

Greater use of Schedules On the other hand, curtailments to the body of the standard form text have been made by cross-referring back to the Contract Particulars. For example, under the standard form contract there were lengthy options for the insurance of the works under clauses 22A, 22B or 22C, meaning that once one of these has been selected, the other two clauses are rendered superfluous. The result was unwieldy and potentially confusing. The Insurance Option that applies to this Contract is that stated in the Contract Particulars" Publication of Guides The JCT has produced "guides" to assist the user in finding the equivalent provisions in the older standard form contracts in the new editions.

Unrivalled range of the best architecture, design and construction books from around the world

Neither contract is intended to be a substitute for a design and build contract; indeed, both appear only to be suitable in circumstances where the parties intend that the contractor is to be responsible for a discrete element of the design. It is of course open to an employer to delete or amend such provisions in an attempt to impose a more onerous design responsibility upon a contractor than was intended by JCT draftsmen.

This may well be an area where disputes occur. Under ICD , the standard of care in relation to the design of the particular portion is that of a professional designer.

However, this is not to say that a contractor has no responsibility whatsoever in relation to the design: Design Review Procedure Both DB and SBC 3 contain a "design review procedure" whereby the contractor is required to submit all design documents that it prepares for review. Following such a review, design documents are graded as follows: No works to be carried out. A contractor is only entitled to be paid in respect of such work where it has been executed in accordance with designs marked A or B. It remains to be seen whether an employer may seek to cross the line between making comments on designs which are for the purposes of gaining confidence that the contractor is having proper regard to the contractual requirements and making comments which, in effect, attempt to vary the design requirements via the back door.

The JCT Standard Forms of Construction Contract - Real Estate and Construction - UK

To protect against this, a contractor is required to raise any challenges to comments which appear to introduce a variation within 7 days of the comment being made. Absent this, such comments will be deemed not to constitute a variation. III Third Party Rights Despite a clear market demand for collateral warranties, especially following the infamous decision of the House of Lords in Murphy v Brentwood, the JCT has consistently refused to incorporate provisions for a contractual warranty between main contractor and third parties principally purchasers, tenants and funders.

Inevitably, such a provision led to a proliferation of bespoke forms of collateral warranties. The granting of third party rights has already been included in the Major Project Form "MPF" although this did not and does not extend to the provision of warranties. However, it should be noted that the nature of such provisions varies markedly across the suite of contracts. Should such provisions exist, it is critical that the Contract Particulars in relation to warranties or third party rights are carefully filled in. In addition to identifying the beneficiaries, the parties also need to identify the part of the works to be purchased or let and whether or not a warranty or third party rights are to be granted if a choice is available.

Specific details requiring attention include whether or not a contractor is to be liable for non-repair losses incurred by the beneficiary and any "cap" to be applied to the net contribution clause of the warranty. Should no purchasers, tenants or funders be identified by name, class or description, then an employer will not be able to subsequently ask for warranties or third party rights in relation to the same.

A notice identifying i the relevant purchaser, tenant or funder and ii his particular interest in the works must be served by actual, special or recorded delivery upon the contractor, following which the contractor has fourteen days to enter into the relevant form of warranty.

金沢区は、医師会・歯科医師会・薬剤師会が合同して、三師会として活動しています。

IV Dispute Resolution For the lawyer and construction professional alike, perhaps the most significant practical development implemented by the forms has been the apparent sea change to the familiar JCT dispute resolution procedure. Whilst the draftsmen have shied away from a "uniform" procedure, applicable across the entire suite of, it is fair to say that the new forms see arbitration as being on the wane.

One significant consequence of this is that it would seem that no more than one dispute at a time can be referred. Arbitration Arbitration still exists but is no longer the default position; for it to apply, an express entry must be made in the Contract Particulars against Article 8.

Even though the draftsmen did not go as far as removing the provision for arbitration entirely, such as in the case of the MPF, this development remains a particularly interesting one, especially in the light of the recent shake-up of the TCC. However, given that both forms may well be used by parties who fall within the definition of "residential occupiers" for the purposes of s.

MW The Contract complies with the requirements of the Housing Grants, Construction and Regeneration Act in providing for adjudication and certain payment provisions; however, not all building contracts are subject to this Act. For example, a contract with a residential occupier within the meaning of section of the Act is excluded and therefore it does not need to contain adjudication provisions, but a residential occupier in entering into a Minor Works Building Contract will be accepting adjudication as a means of resolving disputes.

Conclusions In general terms, the changes implemented by the suite of JCT contracts are to be welcomed and evidences the fact that constructive criticism from commentators is not necessarily ignored! Do you have a Question or Comment? Interested in the next Webinar on this Topic? Click here to register your Interest. Events from this Firm. More from this Firm. More from this Author. Japanese Knotweed Case Update: In May we advised on the outcome of this case in which the County Court ruled that the presence of Japanese knotweed on an adjoining property to the claimants' properties was an actionable nuisance I am happy with this.

This easy-to-follow guide takes the reader through the JCT building contracts clause by clause, in an easy-to-follow format, in simple but This easy-to-follow guide takes the reader through the JCT building contracts clause by clause, in an easy-to-follow format, in simple but effective language that eliminates misinterpretation.

JCT

Spilt into 3 sections, this book provides a summary of the current JCT Contracts, identifying which to use for what type of work, along with an analysis of their risk, liability, documentation, design responsibility and financial procedures, ensuring that JCT Building Contract: Peter Hetherington, former regional affairs and northern editor of The Guardian, was a reporter at The Journal, Newcastle, covering local government — focussing on local politics and redevelopment — during the early 70s.

Latterly he has written about planning, housing, regeneration and local government for The Guardian and other publications, and travelled extensively in Britain and overseas covering that field. He was a board member of the government's former Academy for Sustainable Communities, a member of its former urban sounding board, and is currently a vice president, trustee and policy council member of the Town and Country Planning Association. Architect has been rigorously checked for legal accuracy.

Formally recommended by the The JCT Contracts edition reflects new payment legislation and makes other changes which include: This code of practice, long established as a leading publication for the construction industry, provides an authoritative guide to essential RIBA Bookshops Unrivalled range of the best architecture, design and construction books from around the world. My Account Register Sign in.