Chappell The JCT Design and Build Contract 2005

3. Auflage 2008
ISBN: 978-0-470-75974-5
Verlag: John Wiley & Sons
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 288 Seiten, E-Book

The Joint Contracts Tribunal issued a new Design and Build Form in2005, a successor to the JCT Standard Form of Building Contractwith Contractor's Design. It looks substantially differentfrom its predecessor and it is different in structure and often inits wording.
This major new edition of David Chappell's well regardedbook has been substantially revised to take account of the newcontract terms and different structure. It also considers thestandard novation agreements from the CIC and City of London LawSociety and more then 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
* the approval of drawings

Autoren/Hrsg.

Chappell, David

Inhaltsverzeichnis

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) Regulations2007.
6.5 Work not forming part of the contract.
6.6 Third party rights and collateral warranties.
7. POSSESSION, PRACTICAL COMPLETION ANDRECTIFICATION.
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 supplementaryprovisions.
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.

Über Autor(innen)

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.