Subcontracting Under the JCT 2005 Forms


Book Description

These days, subcontractors in the construction industry aregenerally aware of their rights and obligations, and maincontractors and clients' advisers need to keep abreast ofdevelopments in subcontract law. As the majority of work is carriedout under JCT contracts, all parties need to understand the rightsand obligations of the latest JCT 05 suite of subcontracts, againstthe background of the general principles of contract law. A companion to Peter Barnes' first book, The JCT 05 StandardBuilding Sub-Contract, this book deals with all the other JCT 05subcontracts including: Design and Build Subcontract, Major Project Subcontract,Intermediate Subcontract, Intermediate Subcontract withsubcontractor's design, Intermediate Named Subcontract, Short Formof Subcontract and the Sub-Subcontract The book is organised around issues, such as payment, time,variations, and loss and/or expense, and, where appropriate itcompares and contrasts the differing approaches of individualsubcontracts. The book features a range of standard letters.




JCT 2005: Clause by Clause


Book Description

* A new textbook for all built environment students that uses a novel clause-by-clause structure to explain the important JCT 2005 contract * Written by an experienced author it explains in simple English the meaning and relevance of each clause helping to avoid common misunderstandings * Contains a chapter of up-to-date legal cases that explain the development and interpretation of the Contract




The JCT 05 Standard Building Sub-Contract


Book Description

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




The JCT 2011 Building Sub-contracts


Book Description

The majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter. It covers the most commonly use 2011 subcontracts, looking at the key contract conditions, the rights and obligations of the parties and how risk is allocated. A key element of the book is the discussion of the main practical problems that arise. Accessible and practical, this book will ensure building and construction subcontractors understand these contracts and have an easy to consult reference if any questions arise. It will also be of interest to main contractors, architects, contract administrators, project managers, quantity surveyors, contracts consultants and construction lawyers.




200 Contractual Problems and their Solutions


Book Description

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 Law and Management of Building Subcontracts


Book Description

There are probably 20-25 subcontracts entered into for every major building contract. However, despite this, there are relatively few books that discuss the problems particular to the subcontract relationship between main contracts and their subcontractors. This book examines the main issues that lead to disputes between contractors and subcontractors, identifies relevant law, including decisions of the courts, and also provides a view as to how other issues might be decided. The second edition has been extensively revised to cover all the 2005 JCT subcontracts and works contracts, and recent case law. Four new chapters have been added on subcontractors selected by thrid parties; organisation of the subcontract; sub-subcontracts; and works contracts under management contracting arrangements. It draws on the author’s extensive experience of managing building subcontracts, as well as his involvement in handling over 130 adjudications.




Design and Build Contracts


Book Description

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 JCT 05 Standard Building Contract


Book Description

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.




Construction Law and Management


Book Description

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.




Construction Law


Book Description

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.