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.
The Joint Contracts Tribunal issued a new Design and Build Form in 2005, a successor to the JCT Standard Form of Building Contract with Contractor’s Design. It looks substantially different from its predecessor and it is different in structure and often in its wording. This major new edition of David Chappell’s well regarded book has been substantially revised to take account of the new contract terms and different structure. It also considers the standard novation agreements from the CIC and City of London Law Society 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
DESIGN AND BUILD CONTRACTS Design and build (D&B) construction procurement relies on a project’s main contractor shouldering the responsibility for creating the design and executing the construction for a project. While the extent of contractor-produced design can vary, this method of construction procurement affords the contractor a greater level of input and responsibility than traditionally procured contracts (where the employer has greater design responsibility). Over the last decade in the UK, it has become clear that D&B contracts are becoming the most popular method for procuring construction projects; often echoing the ways in which contracts for infrastructure and process plant can be procured. Whilst D&B can provide a greater degree of contractor input for producing feasibility and concept designs, then the detailed design to deliver a project, many clients amend standard forms of D&B contracts to alter the contractors’ design input. This can significantly change D&B, deviating from the procedures set out in the standard forms of D&B contract. This book firstly takes the reader through each stage of a project (based upon the RIBA Plan of Work 2020) to provide guidance on how D&B contracts were intended to operate, then secondly, identifying how D&B contracts and their procedures have changed. Readers will find: Outline commentary and guidance on commonly used standard forms of D&B contract, including: JCT Design and Build 2016; FIDIC Conditions of Contract for Plant Design-Build 2017; and NEC4 How each D&B contract is intended to operate during each stage of the RIBA Plan of Work 2020 How the operation of D&B contracts and their procedures are often amended. An ideal resource for contractors, employers, and consultants, as well as those studying construction at university, Design and Build Contracts offers helpful commentary and guidance for how each stage of a D&B engineering or construction project should progress.
The fourth edition of this unparalleled text has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments up to July 2007. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.
Many building projects are the subject of claims – the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include: Coverage of over 60 additional relevant court cases Coverage of the 2005 JCT contracts suite Coverage of changes to the NEC contract Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contracts Important changes to liquidated damages and to extensions of time, and the giving of notices Appendix 1 has been substantially revised Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers.
The Architect in Practice was first published in 1952. Originally written by a quantity surveyor and an architect it has remained, through its nine editions, a leading textbook used in the education of architects world-wide. While the format of the book has developed, the message and philosophy remains the same as the original: to provide the student of architecture and the young practitioner with a readable guide to the profession, outlining an architect's duties to client and contractor, the key aspects of running a building contract, and the essentials of management, finance and drawing office procedure. The tenth edition follows in that tradition. The authors, still an architect and a quantity surveyor, have brought the text fully up to date. Major revisions in this edition include: Revised sections on Planning and the Building Regulations Changes to the education of architects in the UK have been detailed Discussion of the new ARB Architects Code: Standards of Professional Conduct and Practice which came into force in January 2010 The commentary on the RIBA Standard Form for the Appointment of an Architect 1999 (SFA/99) has been updated The latest RIBA Standard Agreement 2010 (S-10-A) is now discussed All references to JCT contracts have been updated to refer to the latest revisions of the 2005 suite of contracts Now also includes reference to education, registration and CPD requirements of the Royal Institute of the Architects of Ireland The tenth edition of The Architect in Practice will continue to provide the guidance and advice all students and practising architects need in the course of their studies and in their profession.
Although the majority of construction work these days is carriedout by sub-contractors, there are surprisingly few books dealingwith building sub-contracts and the related law. This book provides a much welcomed guide to the new 2005 JCTStandard Building Sub-Contract (SBCSub and SBCSub/D), which islikely to be the regular sub-contract form used by contractors whenletting works under the radically revised 2005 JCT StandardBuilding Contract. Peter Barnes, who has over 30 years' experience ofcontractor/sub-contractor relationships, provides a clause byclause commentary on the sub-contract, highlighting practicalissues and considering relevant case law. The book will be of interest not only to sub-contractors and maincontractors, but also to other construction professionals andlawyers who need an understanding of the contractual relationshipand allocation of risk between contractors andsub-contractors. The Author Peter Barnes MSc (Construction Law and Arbitration), DipICArb,FCIOB, FCIArb, MRICS, is a Chartered Arbitrator, a registeredadjudicator and a CIArb trained mediator. He has been actively involved in the construction industry foralmost 30 years and has a wide experience of many types ofconstruction work, including building (both new build andrefurbishment), civil engineering, and mechanical and electricalinstallations. He spent many years working for main contractors, undertaking bothsurveying and management roles, and during that time he hasadministered and settled a multitude of sub-contract accounts on avariety of different contracts. His experience with sub-contractscovers both simple and complex contracts and has involved detailedexamination of contractual entitlements. His practical backgroundhas led to an in-depth understanding of the allocation of risks incontractor/sub-contractor relationships. Since becoming a consultant, Peter Barnes has represented manyparties in both adjudications and arbitrations, has acted as anexpert witness in respect of both liability and quantum, and hasbeen appointed as adjudicator by both the Chartered Institute ofArbitrators and the Construction Industry Council. His wide experience base has led to him being appointed to thecommittees of the Chartered Institute of Building Eastern Branch,the Chartered Institute of Arbitrators East Anglia Branch, and theInstitution of Civil Engineering Surveyors Anglia and CentralBranch. Also of Interest The Law & Management of Building Subcontracts Second Edition John McGuinness 1 4051 6102 7 978 14051 6102 2 The JCT Intermediate Building Contracts Third Edition David Chappell 1 4051 4049 6 978 14051 4049 2 The JCT Minor Works Building Contracts 2005 Fourth Edition David Chappell 1 4051 5271 0 978 14051 5271 6 The NEC 3 Engineering and Construction Contract Second Edition Brian Eggleston 0 6320 5386 0 978 06320 5386 5 Building Contract Casebook Fourth Edition Michael Furmston 1 4051 1881 4 978 14051 1881 1 One Hundred and Fifty Contractual Problems and theirSolutions Second Edition Roger Knowles 1 4051 2070 3 978 14051 2070 8 Cover design by Workhaus
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
