Zusammenfassung der Ressource
CA
- 4 main types of building contracts
- Standard Building Contract
- For larger works where most of the works
have already been designed.
- Contractors design portion
available
- Detailed contract provisions
- payment
- extentions of time
- employer to provide either
- drawings and bill or quantites
- drawings and
sepecification/work
schedule
- Building has already been designed and builder just builds the scheme
- various forms of pricing mechanismn
- at lease 3 versions of the contract
- With bills of quantites
- without bills of quantities
- contractor is given a set of
drawings and a specification
- with approximate quantities
- not acurate
- quantities will change but
the rates will remain
- structure
- reticals
- the agreement
- works required
- drawings and specification
- articles
- scope of works
- contract sum
- contract admin, qs
- form of dispute resolution
- contract partoculars
- attesation
- deed
- 12 years liability
- Underhand
- 6 years liability
- There are specific provisions in JTC SBC which the
employer may defer the date for possession by up to 6
weeks, if the relevant entry is made in the contract
particulars.
- Intermediate
Form
- used when
- proposed works are simple
involving basic trades and skills
- project does not
involve complex
services
- project does not involve
complex specialist works
- when fairly detailed contract
provisions are required
- Design & Build
- used where employer has
defined his requirements
- where the contractor
is to carry out the
design and
construction
- employers requirement documents
- contractor to provide priced
contractors proposals
- provisions are as detailed as
standard form contract
- Minor Works
- up to half a million
- used when works are simple in nature
- employer provides
drawings and / or a
specification.
- it has less detailed provisons
- not very good for extentions of
time, payment provisons etc.
- standard building contract is the
template upon which all the other forms
are based upon.
- The clauses for the other forms are
either added or deducted from the
clauses in the SBC
- Performance bond
- A mean of insuring a client against the risk of the
contractor failing to fufil contractural obligations to
the client.
- usually set at 10% of the contract value
- can help a client to
overcome difficulties
that have been caused
by non performance of
the contractor.
- can be used to help find a new
contractor to complete the works.
- JTC have 3rd party rights but dont usually
get used as colleteral warranties brings in
3rd party rights
- Payment Provisions
- if you put an application
for payment in. the
employer does not put in
his own notice or pay less
notice than the contractor
is entitled to the amount
of money he has asked for.
- Extension of time
- Notice of delay by contractor to say:
- materials (circumstances)
- Cause or cause of delay
- identify relevant events
- expected date to complete
- Contract Administrator to make
their own assessment
- within 12 weeks after PC
- irrespective of any notice given by the contractor
- loss and expense applications
- Contractor to make
application as soon
as it becomes
apparent that
regular progress has
been affected
- identify relevant matters
- details of actual loss and expense may follow
- usually includes
- heads of claim
- prolongation costs
- head office overhead cost
- disruption
- Relevant events
- variations
- advise weather
- delay on the party of a nominated subcontractor
- delay in giving the
contractor possession of the
site
- A delay notice is required to
be served by the contractor
inline with the contract
provisions
- construction claims fall
into two main categories
- common law damages
- where there is a breach of a contract
- to put the injured party in the
same position as they would be in
if the contract has been
performed
- 3 main elements of
common law damages
- causation
- must be a direct link
between the breach of
contract & damage suffered
- remoteness
- can only claim losses which have
arised naturally from the breaches
- duty to mitigate loss
- claimant is not
permitted to allow their
loss to mount up
- must show that there is a breach of a contract term.
- Proof of claim
- burden of proof (criminal)
- standard of proof beyond reasonable doubt on balance of proabability (civil)
- claims under the contract
- Liquidated Damages
- must be a realistic
estimate of damages
suffered
- cannot be a penalty
- tendering
- Single stage selective tendering
- Restricts the number
of tenders being
invited to submit bids.
- Pre-selecting a limited number
of contractors to tender for the
work
- Two stage selective tendering
- negotiated tendering
- The purpose is not to involve the
contractor with responsibility for design.
lt is to get the main contractor involved,
in an advisory capacity, before the
scheme has been fully designed.
- forming a contract price at the end of
stage one, based on the tendered
preliminaires, overheads allowance and
provisional sums for all other elements
of the work.
- used when
- the building works are of very
complicated nature;
- the magnitude of the work may be
unknown at the time for selection of
the contractor
- an early completion date is paramount
- the professional team wish to make use
of the cotractors expertise when
finalizing the design
- negotiation
- the employer has
worked with the
contractor before.
- bills of quantities
- define the whole of the contractor’s
obligation for quality and quantity
of work.
- certificates
- two catogries
- certify the quantity of works done to date on
which payment is calculated
- certify that an event has taken place (interim
certificates)consist of those that record an event
or non event
- Cerificate of practicle completion
- Certifcate of final completion
- certifcate of non completion
- All main standard forms of contracts
give power to the CA to order the
exclusion from the works of specified
persojns. This extends beyond the
contractors own emplyees to include
the employees of subcontractors.
- materials on site
- The value of unfixed materials and goods intended
for works, whether they are on or off site, may be
included in an interim certificate. If this is done, then
the ownership of these materials and goods will pas
to the employer as soon as the amount is duly paid.
- liquadated damages
- If possession is not then given on the date
specified, the employer will lose the right to
recover liquidated damages from the contractor
in the event of late completion.