Guide to the JCT Design and Build Contract - 2024 Edition

Seán Mac Labhraí (Autor)

Buch | Softcover

376 Seiten

2025
Routledge (Verlag)
978-1-032-74403-2 (ISBN)

Noch nicht erschienen (ca. Mai 2025)
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This book provides a comprehensive guide to the 2024 edition of the JCT Design & Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties and administer the contract in an accurate and timely manner.

Part 1 explains each provision of the contract in plain English. Arranged by topics including Carrying out the Works, Control of the Works, Payments, Changes, Warranties, Disputes, Termination and more; it includes all the relevant extracts from the contract, avoiding the need for cross-referencing. Each section begins with a simple introduction and ends with a concluding summary.

Part 2 includes practical resources for the accurate and timely administration of the Contract, by both the Contractor and the Employer. This cross-references the corresponding provisions in Part 1 and includes useful templates and suggested replacement clauses and amendments often encountered in the real world.

Written to meet the needs of busy construction practitioners working with the JCT contract, this is a handy reference for project managers, quantity surveyors, commercial managers, design managers, and Employer’s Agents, their consultants and advisors.

Seán Mac Labhraí is Head of Legal at Ardmore Construction Group Limited, UK. He is a CEDR Accredited Mediator, a Fellow of the Chartered Institute of Arbitrators and a Court Assistant, Worshipful Company of Arbitrators.

Table of Contents

Introduction

Key Changes from the 2016 Edition of the JCT Design & Build Contract
The parties
Overview of the Contract Documents

How to use this book

Part 1: Commentary

The Agreement

The Recitals
The Articles
The Contract Particulars
Attestation

The Conditions

Section 1: Definitions and Interpretation

Definitions
Interpretation

Section 2: Carrying out the Works

Contractor’s Obligations
Possession
Supply of Documents, Setting Out etc.
Discrepancies and Divergences
Design Work – liabilities and limitation
Fees, Royalties and Patent Rights
Unfixed Materials and Goods – property, risk etc.
Adjustment of Completion Date
Practical Completion, Lateness and Liquidated Damages
Partial Possession by Employer
Defects
Contractor’s Design Documents

Section 3: Control of the Works

Access and Representatives
Sub-Contracting
Employer’s Instructions
CDM Regulations

Section 4: Payment

Contract Sum and Adjustments
Taxes
Payments and Notices – general provisions
Interim Payments – calculation of sums due
Listed Items
Retention
Loss and Expense
Final Statement and Final Payment

Section 5: Changes

General
The Valuation Rules

Section 6: Injury, Damage and Insurance

Personal Injury and Property Damage
Insurance against Personal Injury and Property Damage
Insurance of the Works and Existing Structures
Professional Indemnity Insurance
Joint Fire Code - compliance

Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties

Assignment
Performance Bonds and Guarantees
Clauses 7A to 7E – Preliminary
Third Party Rights from Contractor
Collateral Warranties from Contractor
Third Party Rights and Collateral Warranties from Sub-Contractors

Section 8: Termination

General
Termination by Employer
Termination by Contractor
Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations
Consequences of Termination under clauses 8.9 to 8.11, etc.

Section 9: Settlement of Disputes

Mediation
Adjudication
Arbitration

The Schedules

Schedule 1: Design Submission Procedure
Schedule 2: Supplemental Provisions
Schedule 3: Insurance Options
Schedule 4: Code of Practice
Schedule 5: Third Party Rights
Schedule 6: Forms of Bonds
Schedule 7: JCT Fluctuations Option A

The Employer’s Requirements
The Contractor’s Proposals
The Contract Sum Analysis
Other frequent contract documents:

Performance bonds
Parent company guarantees
Collateral warranties
Novation agreements
Vesting certificates
Third party agreements

Part 2: Resources for Contract Administration

Contractor Resources
Employer Resources

Further reading

Glossary

Subject index

Clause index

Erscheint lt. Verlag	8.5.2025
Verlagsort	London
Sprache	englisch
Maße	210 x 297 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht
	Technik ► Bauwesen
ISBN-10	1-032-74403-0 / 1032744030
ISBN-13	978-1-032-74403-2 / 9781032744032
Zustand	Neuware