The JCT Intermediate Building Contracts 2005

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ISBN: 9781405140492 | 1405140496
Cover: Hardcover
Copyright: 7/12/2006

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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.

Preface to the Third Edition	p. ix
The Purpose and Use of IC and ICD	p. 1
The background	p. 1
IC documentation	p. 3
The use of IC	p. 4
Completing the form	p. 5
Contracts Compared	p. 11
Contract Documents and Insurance	p. 21
Contract documents	p. 21
Types and uses	p. 21
Importance and priority	p. 24
Errors	p. 25
Custody and copies	p. 27
Limits to use	p. 28
Notices	p. 28
Insurance	p. 29
Indemnity	p. 29
Injury to persons and property	p. 31
Things which are the liability of the employer	p. 32
Insurance of the Works: alternative clauses	p. 37
A new building where the contractor is required to insure	p. 37
A new building where the employer insures	p. 39
Alterations or extensions to an existing building	p. 39
Benefits for sub-contractors	p. 40
Joint fire code	p. 41
Terrorism cover	p. 41
Summary	p. 42
The Architect's Authority and Duties	p. 43
Authority	p. 43
General	p. 43
Express provisions	p. 53
The issue of instructions: general	p. 59
Instructions in detail	p. 72
Duties	p. 83
Duties under the contract	p. 83
General duties	p. 87
Summary	p. 89
The Contractor's Obligations	p. 91
Express and implied obligations	p. 91
Legal principles	p. 91
Execution of the Works	p. 92
Workmanship and materials	p. 108
Statutory obligations	p. 109
Person-in-charge	p. 110
Levels and setting out	p. 110
Other obligations	p. 113
Access to the Works and premises	p. 113
Drawings, details and information	p. 113
Compliance with architect's instructions	p. 114
Suspension of performance	p. 118
Other rights and obligations	p. 120
Summary	p. 120
The Employer's Powers, Duties and Rights	p. 121
Express and implied powers and duties	p. 121
Co-operation or non-interference	p. 121
Rights	p. 131
General	p. 131
Deferment of possession of the site	p. 131
Deduction/repayment of liquidated damages	p. 132
Employment of direct contractors	p. 138
Rights as to insurance	p. 139
Duties	p. 139
General	p. 139
Payment	p. 140
Retention	p. 141
Other duties	p. 143
Summary	p. 143
The Clerk of Works	p. 147
Appointment	p. 147
Duties	p. 147
Responsibility	p. 149
Summary	p. 152
Sub-Contractors and Suppliers	p. 153
General	p. 153
Sub-contractors	p. 153
Assignment and sub-contracting	p. 153
Named persons as sub-contractors	p. 157
Statutory authorities	p. 168
Work not forming part of the contract	p. 171
Third party rights and collateral warranties	p. 174
Summary	p. 176
Possession, Practical Completion and Defects Liability	p. 179
Possession	p. 179
General	p. 179
Date for possession	p. 179
Practical completion	p. 182
Definition	p. 182
Consequences	p. 185
Partial possession and sectional completion	p. 186
Rectification period	p. 187
Definition	p. 187
Defects, shrinkages or other faults	p. 188
Frost	p. 190
Procedure	p. 190
Summary	p. 194
Claims	p. 197
General	p. 197
Extension of time	p. 200
Legal principles	p. 200
Liquidated damages	p. 200
Procedure	p. 206
Grounds	p. 219
Loss and expense claims	p. 221
Definition	p. 221
Procedure	p. 222
Matters grounding a claim	p. 223
Summary	p. 228
Payment	p. 231
The contract sum	p. 231
Payment before practical completion	p. 233
Method and timing	p. 233
Valuation	p. 234
Amounts included	p. 235
Payment at practical completion	p. 239
Retention	p. 240
Final payment	p. 241
The effect of certificates	p. 245
Withholding payment	p. 248
Variations	p. 248
Valuation of contractor's designed portion	p. 253
Fluctuations	p. 254
Summary	p. 255
Termination	p. 259
Termination by the employer	p. 259
General	p. 259
Grounds (clause 8.4.1): contractor's defaults	p. 262
Grounds (clause 8.5): insolvency of contractor	p. 271
Grounds (clause 8.6): corruption	p. 272
Grounds (clause 8.11): neutral causes	p. 272
Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover	p. 273
Consequences (clauses 8.5.3,8.7 and 8.8)	p. 275
Consequences (clause 8.11 and paragraph C.4.4 of schedule 1)	p. 280
Termination by the contractor	p. 280
General	p. 280
Grounds (clause 8.9): employer's faults	p. 281
Grounds (clause 8.10): insolvency	p. 291
Grounds (clause 8.11): neutral causes	p. 292
Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover	p. 292
Consequences (clause 8.12)	p. 292
Consequences (paragraph C.4.4 of schedule 1 and clause 6.10.2.2)	p. 295
Summary	p. 295
Contractor's Designed Portion (CDP)	p. 297
General	p. 297
Documents	p. 297
The contractor's obligations	p. 298
Liability	p. 301
Variations	p. 303
Insurance	p. 305
Summary	p. 306
Dispute Resolution Procedures	p. 307
General	p. 307
Adjudication	p. 311
The contract provisions	p. 311
The Scheme: notice of adjudication	p. 312
The Scheme: appointment of the adjudicator	p. 314
The Scheme: procedure	p. 318
The Scheme: adjudicator's powers and duties	p. 322
The Scheme: the adjudicator's decision	p. 325
The Scheme: costs	p. 326
Arbitration	p. 326
General	p. 326
Procedure	p. 329
The appointment of an arbitrator	p. 332
Counterclaims	p. 336
Powers of the arbitrator	p. 337
Third party procedure	p. 338
Legal proceedings	p. 338
Summary	p. 339
Intermediate Named Sub-Contractor Tender and Agreement (ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A)	p. 341
Intermediate Named Sub-Contract Conditions (ICSub/NAM/C)	p. 345
Intermediate Named Sub-Contractor/Employer Agreement (ICSub/NAM/E)	p. 361
Table of Cases	p. 363
Clause Number Index to Text	p. 369
Subject Index	p. 373
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The JCT Intermediate Building Contracts 2005

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