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The JCT Minor Works Building Contracts 2016 5th ed (eBook)

David Chappell

ISBN13: 9781119415305

Published: October 2017

Publisher: Wiley-Blackwell

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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9781119415541

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The 2016 edition of the JCT Minor Works Building Contract contains a great many changes from the 2011 and 2005 editions, many of which are apparently minor but all are significant.

This 5th edition has been comprehensively re-written to address these changes and to make them easier to understand. Busy architects and contractors will find the book a ready source of answers when they have a question and a guide to what to do in various circumstances

Subjects:: Construction Law, eBooks

Contents:: Preface to the Fifth Edition; Chapter 1. Introduction; 1.1 Some general things about contracts; 1.2 Some background to MW and MWD; 1.3 When to use MW and MWD; 1.4 How to use; 1.5 What is the contract?; 1.6 How to complete the contract form; 1.7 Priority of documents; 1.8 Inconsistencies and divergences; 1.9 Custody and copies; 1.10 Limits to use; 1.11 Notices, time and the law; 1.12 Common problems; Chapter 2. Some basics; 2.1 Works; 2.2 Drawings; 2.3 Copyright; 2.4 Specification; 2,5 Schedules; 2.6 Privity of contract and third party rights; 2.7 Base date; 2.8 Common problems; Chapter 3. Things you must know; 3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended); 3.2 Express and implied terms; 3.3 Limitation periods; 3.4 Letters of intent; 3.5 Quantum meruit; 3.6 Common problems; Chapter 4. Architect’s powers and duties; 4.1 Authority and duties; 4.2 Duty to act fairly; 4.3 An architect in local authority or similar; 4.4 Express provisions of the contract; 4.5 Common problems; Chapter 5. Contractor’s powers and duties; 5.1 Contractor’s obligations: express and implied; 5.2 Basic principles; 5.3 Carrying out the works; 5.4 Workmanship and materials; 5.5 Statutory obligations; 5.6 Contractor’s representative; 5.7 Compliance with architect’s instructions; 5.8 Suspension of obligations; 5.9 Common problems; Chapter 6. Employer’s powers and duties; 6.1 Powers and duties: in the contract and elsewhere; 6.2 Rights under MW and MWD; 6.3 Other rights; 6.4 Duties under MW and MWD; 6.5 Retention; 6.6 Other duties; 6.7 Common problems; Chapter 7. Quantity Surveyor; 7.1 Appointment; 7.2 Duties; 7.3 Responsibilities; 7.4 Common problems; Chapter 8. Clerk of Works; 8.1 Appointment; 8.2 Duties; 8.3 Responsibilities; 8.4 Common problems; Chapter 9. Sub-contractors and Suppliers; 9.1 General; 9.2 Differences between assignment and sub-contracting; 9.3 Assignment; 9.4 Subcontracting; 9.5 Nominated subcontractors; 9.6 Common problems; Chapter 10. Statutory matters and work outside the contract; 10.1 Statutory authorities; 10.2 Works not forming part of the contract; 10.3 Common problems; Chapter 11. Insurance; 11.1 Important; 11.2 Injury to or death of persons; 11.3 Damage to property; 11.4 Evidence of insurance; 11.5 Loss or damage; 11.6 Common problems; Chapter 12. Possession of the site; 12.1 Important points; 12.2 Date for possession; 12.3 Failure to give possession; 12.4 Common problems; Chapter 13. Extension of time; 13.1 Why necessary?; 13.2 Extension of time; 13.3 Reasons; 13.4 Failure to notify delay; 13.5 Does an extension of time entitle the contractor to any money?; 13.6 Common problems; Chapter 14. Liquidated damages; 14.1 What are liquidated damages?; 14.2 Liquidated damage or penalty?; 14.3 Procedure; 14.4 Common problems; Chapter 15. Financial claims; 15.1 General; 15.2 Dealing with loss and/or expense; 15.3 Types of claims; 15.4 Common problems; Chapter 16. Architect’s Instructions; 16.1 Architect’s instructions; 16.2 Contractor’s objection; 16.3 Specific instructions; 16.4 Other instructions which will be empowered; 16.5 Common problems; Chapter 17. Variations; 17.1 Variations; 17.2 Valuation; 17.3 Provisional sums; 17.4 Common problems; Chapter 18. Payment; 18.1 Important to read this first; 18.2 Contract Sum; 18.3 Interim certificates; 18.4 Final certificate; 18.5 Effect of certificate; 18.6 Failure to pay; 18.7 Retention; 18.8 Common problems; Chapter 19. Practical Completion; 19.1 Practical completion; 19.2 The contract says; 19.3 Consequences of practical completion; 19.4 Common problems; Chapter 20. Defects Liability; 20.1 During construction; 20.2 During the rectification period; 20.3 Defects, shrinkages and other faults; 20.4 Frost; 20.5 Procedure; 20.6 Making good; 20.7 Certificate of making good; 20.8 Common problems; Chapter 21. Termination; 21.1 Preliminary thoughts; 21.2 If no termination in the contract; 21.3 Termination by the employer; 21.4 Consequences of employer termination; 21.5 Termination by the contractor; 21.6 Consequences of contractor termination; 21.7 Termination by either employer or contractor; 21.8 Termination after loss or damage to existing structures; 21.9 Reinstatement; 21.10 Common problems; Chapter 22. Contractor?s Designed Portion (CDP); 22.1 Principles; 22.2 Contractor’s obligations; 22.3 Inconsistencies and divergences; 22.4 Variations; 22.5 Other matters; 22.7 Common problems; Chapter 23. Dispute Resolution Procedures; 23.1 General; 23.2 Choice; 23.3 The Construction Act 1996; 23.4 Adjudication in general; 23.5 Pros and cons; 23.6 Adjudication in detail; 23.7 Arbitration; 23.8 Legal proceedings (litigation); 23.9 Mediation; 23.10 Common problems; Notes and references; Table of Cases; Clause Number Index to Text; Subject Index