By David Chappell(auth.)

The Joint Contracts Tribunal issued a brand new layout and construct shape in 2005, a successor to the JCT normal type of development agreement with Contractor’s layout. It appears considerably varied from its predecessor and it truly is diverse in constitution and sometimes in its wording.

This significant re-creation of David Chappell’s good seemed booklet has been considerably revised to take account of the recent agreement phrases and assorted constitution. It additionally considers the traditional novation agreements from the CIC and town of London legislation Society and extra then 70 extra cases.

It discusses components the place difficulties usually come up:

  • the allocation of layout responsibilityContent:
    Chapter 1 creation (pages 1–21):
    Chapter 2 agreement files (pages 22–43):
    Chapter three layout legal responsibility (pages 44–69):
    Chapter four The Contractor's responsibilities (pages 70–97):
    Chapter five The Employer's Powers and tasks (pages 98–128):
    Chapter 6 Sub?contractors and Statutory specifications (pages 129–143):
    Chapter 7 ownership, functional final touch and Rectification (pages 144–152):
    Chapter eight Extension of Time (pages 153–166):
    Chapter nine monetary Claims (pages 167–177):
    Chapter 10 fee (pages 179–205):
    Chapter eleven coverage and Indemnities (pages 206–216):
    Chapter 12 Termination (pages 217–232):
    Chapter thirteen Dispute solution (pages 233–255):

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Extra info for The JCT Design and Build Contract 2005, Third Edition

Sample text

The third recital merely records that the employer believes that the Contractor’s Proposals provide what was requested in the Employer’s Requirements; put bluntly, that if the employer asked for a concert hall, that is what the Proposal is about; that if the employer was adamant about having a steeply pitched roof, the Proposals provide exactly that. It cannot be expected that the employer will count the numbers of coat hangers or undertake a thorough comparison. Indeed, the former practice note issued for JCT 81 made that clear, although of course the practice note was not part of the contract.

If no period is inserted, the default period of 7 days will apply. (E) Collateral warranties from sub-contractors: If warranties are required from subcontractors, the particulars in this part may be completed or the information may be entered on a separate sheet or sheets and identified at the beginning of this part. The sheets should be signed and dated by the parties and firmly attached to the contract. Consultants employed by the contractor may also be included in this part. If it is decided to complete part (E) instead, it must be done as follows (obviously, the same information must be given on the attached sheet): The sub-contractors or consultants should be listed in the left-hand column.

In most cases, however, as much effort must be devoted to producing the performance specification as would be required for the traditional specification. The contractor is not responsible for the whole of the design but only for its completion (see Chapter 3). Therefore, the less information the employer provides, the greater will be the contractor’s liability. Thus, if part of the Employer’s Requirements consists of a set of very advanced working drawings, the contractor will need to do little but construct the building from those drawings and the employer will know exactly what is to be provided.

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