Contract Practice JCT OVERVIEW

Contract Practice JCT OVERVIEW

1. Which form of Contract?

   • Traditional Procurement - re-measurement
     • SBC 2011 - with Approx Qts (SBC/AQ)
     • Measured Term Contract (MTC)
     • Infrastrucuture Conditions of Contract 2011 (measurement Version)
   • Traditional Procurement - Lump Sum
     • SBC 2011 - with or without Quantities SBCXQ or SBCQ
     • IBC 2011 (IC & ICD)
     • MW Comntract 2011 (MW & MWD)
     • Major Project Construction Contract 2011 MP
     • Building Contract for Home Owner/Occupier (HO/B) 2005 rev 2009
     • Buildig contract and consultancy agreement for home owner/occupier (HO/C & HO/CA) 2005 rev 2009
     • Home repair and maintainance contract (HO/RM) 2006
     • Repair and maintainance contract (RM)2011
   • Traditional Procurement - cost plus
     • Prime cost building contract 2011 (PCC)
   • Design and Build
     • D&B contract 2011 (DB)
     • Infrastructure conditions of contract 2011 (design and construction version)
     • Employers Requirements
       • the brief e.g. floor area/ lighting etc
       • statement of facts
         • site conditions
         • services
       • contract information
       • form of content of CP and CSA
       • specific function of employers agent, QS and CoW if required
     • Contractors Proposals
       • the response to the ER
         • drawings, spec, models, perspectives, videos, method statement, programmees etc.
         • Prov Sums
     • Key roles by emp
       • payment
         • matters relating to valuation and payment driven by contractor
           • Stage payments (alternative A) or periodic payments (Alternative B)
       • EOT
       • L&E
       • Not 'variations' but 'changes'
     • There is no
       • A/CA or independent certifier
       • certificates (statement & Notices)
       • Contract administrated by emp/ EA
         • identified in article 3
         • EA referred to in
           • Clause 2.7.3 (contract docs on site)
           • Clause 3.1 (access to site)
         • acting for emp as set out in writing
     • Contract Sum Analysis
       • required form?
       • basis of valuation of 'changes' and fluctuations
       • can be BQ
       • should inc/identify costs (fees) for design wrk
   • Management forms
     • Management Building Contract (MC) 2011
       • management wks contract agreement tender agreement (MCWC/A) and the management works contract conditions (WCWC/C) 2011
     • Construction Mangement
       • Construction management appointment 2011 (CM/A)
       • Construction management trade contract (CM/TC) 2011

2. What type of contract?

   • Traditional
     • Lump-sum
     • Re-measurement
     • Prime Cost
   • Design and Build
   • Mangement
     • Mangement Contracting
       • contractural relationship
         • Management contractor
           • employer
             • consultants
             • contract between Emp and MC include:
               • MC 2011
           • WP contractor
           • WP Contractor
           • WP contractor
           • Contract between MC and WP contractor include:
             • MCWC/A 2011 & MCWC/C 2011
     • Construction Management
       • Contractural relationships
         • Employer
           • Construction Manger
           • WP Contractor
           • WP Contractor
           • WP Contractor
           • Consultants
           • Contract between emp and CM include:
             • CM/A 2011
           • contract between Emp & WP contractors include:
             • CM/T 2011

3. Other Standard forms of contract not JCT

   • NEC
   • GC/Works
   • CA form of building agreement 1982 (3rd ed 2000) 2011 amendments

4. conpletion in sections?

   • applies to
     • SBC
     • DB
     • IC

5. Contractors design

   • seperate docs incorporating CDP
     • IC/D 2011
     • MW/D 2011
   • One version of SBC 2011 with CDP incorporated
   • DB 2011 design contractors responsibility except as set out in ER (2.11)

6. Contract Structure Generally

   • 1.Recitals
   • 2. Articles
   • 3. Contract Particulars
   • 4. Attestation Provision
   • 5. COnditions
   • 6. Scedules

7. Contract conditions fro SBC and DB

   • 1. Section 1 - definitions and interprutations
   • 2. Section 2 - Carrying out the Works
   • 3. Section 3 - Control of the works
   • Section 4 - Payment
   • Section 5 - Variations (DB Changes)
   • Section 6 - Injury, damage and insurance
   • Section 7 - Assignment, 3rd party rights and collateral warranties
   • Section 8 - Termination
   • Section 9 - Settlement of disputes

8. Schedule for SBC and DB

   • Schedule 1 - contractors design submission procedure
   • Schedule 2 - variation and acceleration quotation procedure (DB supplemental provision)
   • Schedule 3 - insurance options
   • Schedule 4 - code of practice
   • Schedule 5 - third party rights
   • Schedule 6 - forms of bonds
   • Schedule 7 - fluctuation options
   • Schedule 8 - supplementary provisions

9. JCT IC and ICD Conditions

   • Section 1- definitions & interprutations
   • Section 2 - Carrying out the works
   • Section 3 - control of the works
   • Section 4 - Payment
   • Section 5 - variations
   • Section 6 - injury damages and insurance
   • Section 7 - assignment and collateral warranties
   • Section 8 - Termination
   • Section 9 - Settlement of disputes

10. JCT IC & ICD Schedules

    • 1 - Insurance options
    • 2 - named sub-contractors
    • 3 - form of bonds
    • 4 - fluctuation options
    • 5 - supplementary provisions
    • Versions of IC and ICD
      • work of sinple content generally recognised as basic trades of skills without complex services or specialist works
      • contractor can be required to design discrete parts of the works (ICD)
      • where fairly detailed contract provisions are required
      • for use on a basis of with or without qnts. drawings togeeher with BQ or spec or work sch - work can be adeqautely specified
        • non re-measurement or prime cost option
        • no design and build option

11. MW & MWD Conditions

    • 1 - definitions and interprutations
    • 2 - carrying out the works
    • 3 - control of the works
    • 4 - payment
    • 5 - injury, damage and insurance
    • 6 - termination
    • 7 - settlement of disputes

12. MW & MWD Schedules

    • 1 - arbitration
    • 2 - fluctuation options
    • 3 - supplemental conditions

13. SBC Versions

    • With Quantities
      • BQ's/ Drawings/ Conditions
      • Quantities/ contract sum
      • Large value works/ designed by emp
      • BQ and dwgs required to specify works
      • detailed contract provisions
      • Administration by A/CA and QS
      • Contractor can be required to design discrete parts of the works
      • wks can b divided in 2 sections
      • private & local Authority emp
    • Without Quantities
      • Specification/Work Sch/ Drawings
      • quantities (?)/ C. Sum
      • As SBC/Q except no bills
      • Spec/ Work Sch can be used to adequately define the quality and scope of woks (low degree of complexity)
    • With Approx Qts
      • Bill of approx qt/ dwgs
      • quants/ ascertained final sum
      • As SBC/Q except insufficient time/ info to prepare/ complete design
      • Re-measurement
    • Administration
      • Emp appoints A/CA
      • Emp appoints QS
      • Design by employer which is undertaken by consultants and issued under the contract by the A/CA

14. IC & ICD Generally

    • lump sum contract
    • employer appoints A/CA
      • certificate
    • employer appoints QS

15. MW & MWD

    • different from SBC & IC
    • time
      • A/CA empowered to make EOT for 'reasons beyond the control of the contractor'
      • provision of Liquidated damages
        • no certificate of non-completion
      • no provision for deferred possession/ partial possession or sectional completion
    • Payment
      • due dates are 4 weekly intervals
      • fluctuation provisions are limited
      • loss and expense limited to variations or prov sums
    • Generally
      • Lump sum contract
      • no QS
      • emp appoints A/CA
    • Control
      • no provision for naming sub-contractors
      • no provision for employer 'direct works'
      • No provision for testing/ opening up works
    • Insurance
      • contractor insures works
        • no provision for emp
      • works & exisitng structures by employer
    • when to use?
      • detailed contract provisions are required
      • the contractor is to carry out and complete the design and the works