Revised edition of: JCT minor works building contracts 2005 / David Chappell. 4th ed. 2006.
Building Contract Claims
Author: David Chappell, Vincent Powell-Smith, John H. M. Sims
Publisher: John Wiley & Sons
Many building contract claims are ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for 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, acceleration, time at large, common law and contractual claims, global claims, heads of claim and their substantiation. The new fourth edition has been substantially restructured and updated. Nearly 100 additional cases have been added as well as four new contracts: the JCT Construction Management and Major Project contracts, the JCT Standard Form of Domestic Subcontract, and the Engineering and Construction Contract (the NEC Form). The book continues to use the JCT Standard Form (JCT 98) as the basis of the text, with important differences highlighted in the other forms. Seventeen forms are dealt with and they have all been updated since the last edition of this book. This new edition is essential reading for architects, contract administrators, project managers and quantity surveyors. It will also be invaluable to contractors, contracts consultants and construction lawyers.
This book provides over 300 standard letters for architects and contract administrators to use at all stages of contract administration. The letters are grouped into sections which correspond with the RIBA Plan of Work: the aim is to cover all the common situations encountered in practice. This Fourth Edition has been revised to take account of the extensive changes to virtually the whole of the JCT suite of building contracts. Unless otherwise stated, all letters are suitable for use with: · JCT Standard Building Contract (SBC) · JCT Intermediate Building Contract (IC) · JCT Intermediate Building Contract with contractor’s design (ICD) · JCT Minor Works Building Contract (MW) · JCT Minor Works Building Contract with contractor’s design (MWD) · JCT Design and Build Contract (DB) · GC/Works/1 (1998) With Quantities Contract The latest edition also takes account of the CDM Regulations 2007, the revised RIBA Code of Conduct and its associated guidance notes, and the RIBA standard agreements for the appointment of an architect issued in 2007. Architects and contract administrators spend a great deal of time writing letters of various types. Many of them are routine and repetitive in character, but they require proper consideration if potentially dangerous liability situations are to be avoided. The book will be of use not only to architects and contract administrators but also to project managers and employers’ agents.
Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send. This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations. The letters are for use with the following contracts: ● JCT Standard Building Contract (SBC), ● JCT Intermediate Building Contract (IC) and ‘with contractor’s design’ (ICD), ● JCT Minor Works Building Contract (MW) and ‘with contractor’s design’ (MWD), ● JCT Design and Build Contract (DB), ● JCT Standard Building Sub-Contract Conditions (SBCSub/C) and ‘with sub-contractor’s design’ (SBCSub/D/C), ● JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C), ● JCT Intermediate Sub-Contract Conditions (ICSub/C) and ‘with sub-contractor’s design’ (ICSub/D/C), and ● JCT Design and Build Sub-Contract Conditions (DBSub/C). There are also letters for use with GC/Works/1 and its subcontract. The book comes with a free CD which includes all the letters. It is compatible for use with Microsoft® Word and WordPerfect® on IBM-PC and Macintosh® machines.
Author: David Chappell
Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.
This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest
The prestigious Aga Khan Award for Architecture recognises projects that benefit the Muslim world for their excellence in contemporary design, community improvement and development, restoration, re-use and area conservation. This anthology presents award winning projects from universities and historic restoration programmes.
Construction project management requires a broad range of knowledge, from technical expertise to leadership, negotiation, team building and communication. This practical no–nonsense guide covers all of the essentials of the role, including: Pre-construction activities Design management and BIM Procurement Feasibility studies Environmental management systems People skills Recommended document formats Occupancy activities Construction project management activities are tackled in the order they occur on real projects, with reference made to the RIBA Plan of Work and OGC Gateway process throughout. This is the ideal concise reference which no project manager, construction manager, or quantity surveyor should be without.
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.
The Dictionary of Construction Terms offers clear and concise explanations of the most commonly encountered legal and technical terms, phrases and abbreviations used throughout the construction industry. It will save valuable time when searching for an authoritative explanation of a frequently used term and will become a practical reference for construction lawyers, practitioners and students, as well as those in related industries including planning, property and insurance. Why you should buy this book: There is no other all-inclusive collection of legal and technical terms available at present Convenient source of information for lawyers, practitioners and students Includes a list of common technical acronyms (ie. DPC, DPM, FFL) Lists acronyms of common institutions such as the ICE, JCT and ACE Examples of definitions: Modular construction A modern construction method whereby the building is constructed using prefabricated or pre-assembled building sections or modules. The three-dimensional building sections are typically fabricated and assembled in an enclosed factory environment and then delivered to site, ready for installation. Modular construction is aimed at minimising construction time by standardising design components, providing consistent quality and allowing site preparation and building activities to commence concurrently with the construction of the factory-made modules. Snagging The process of formally inspecting the construction works to identify any incomplete works or defects in completed works. A snagging list (or ‘punch list’) is a schedule of defects resulting from this inspection. These items typically need to be rectified prior to the issuing of a completion certificate or handing-over of the works although in some cases a completion certificate will be issued with a snagging list attached.
This tenth edition of David Chappell’s bestselling guide has been revised to take into account changes made in 2016 to payment provisions, loss and/or expense, insurance and many other smaller but significant changes, and includes a section on performance bonds and guarantees. This remains the most concise guide available to the most commonly used JCT building contracts: Standard Building Contract with quantities, 2016 (SBC16), Intermediate Building Contract 2016 (IC16), Intermediate Building Contract with contractor’s design 2016 (ICD16), Minor Works Building Contract 2016 (MW16), Minor Works Building Contract with contractor’s design 2016 (MWD16) and Design and Build Contract 2016 (DB16). Chappell avoids legal jargon and writes with authority and precision. Architects, quantity surveyors, contractors and students of these professions will find this a practical and affordable reference tool arranged by topic.
Which member of the NEC3 family of contracts should I use? How do I choose and use my main and secondary options? What are the roles and responsibilities of the various parties? How should I effectively manage early warnings and compensation events? Important questions can arise when working with NEC3 contracts, some of them have simple answers and others require more a detailed response. Whether you are an NEC3 beginner or an expert, the 100 questions and answers in this book are a priceless reference to have at your fingertips. Covering issues that can arise from the full range of NEC3 forms, Kelvin Hughes draws on questions he has been asked during his 20 years working with NEC and presenting training courses to advise, warn of common mistakes, and explain in plain English how these contracts are meant to be used.