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.
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.
This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.
The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.
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
Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
Can contractors and specialists add value to a project by theirearly involvement in design, pricing, risk management andprogramming? How can this be structured and what role docontracts have to play? What is the impact on procurement andproject management? Commentators from Banwell to Egan have recommended earliercontractor appointments, and this has also been linked tosuccessful project partnering. How are the two related? Early Contractor Involvement in Building Procurementconsiders the case for a two stage procurement approach based on asystem of agreed project processes during the preconstructionphase. It examines the ways in which a contract can describeand support this model throughout its procurement, partnering andproject management, and is illustrated with case studies taken fromprojects and programmes across the construction and engineeringindustry. The roles of the various parties involved, the obstacles theyencounter and the benefits they can achieve are examined indetail. There is practical guidance on how to improve speed,economy, sustainability, change control, dispute avoidance, andclient satisfaction. This book bridges the gap betweencontract law, partnering and project management and will beessential reading for middle and senior management at constructioncontractors, consultants and clients in both the public and privatesectors.
Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries.
This book examines how the most commonly used construction project contracts are applied in a range of countries around the world. The specific situation of each of the almost 40 countries studies is dealt with in a dedicated chapter, allowing for easy comparison between differing legal and commercial environments. Each chapter contextualizes the relevant contracts within the legal and commercial systems prevalent in a particular country and examines a number of common issues impacting construction projects around the world. This unique book will be an essential resource for construction law specialists around the world because of its focus on commonly used contracts and the contextualizing of these contracts into the legal and commercial environment of each studied country. All contributions are from practicing construction project lawyers ensuring that the quality of the information and analysis is of the highest standard.
