Which contract sarah lupton pdf

The p elay and extensions of time are detailed and ne d to e followed witb e. The requirement to grant third party rights to identified persons, together with information regarding limits to the contractor's liability, must be set out in the Contract Particulars.

The rights are set out in Schedule 5. The cont fl, 3 instead. T relation to the Employer, although this is no eferred Sub-contracting any part of the work, in written consent 3. It is a condition of any b-letti certain provisions 3. The i r flucl rovisi nal surds for is aauire to permit the pre t , alth the Archit inspe the Arc d in o annexed to the g' to carry out Ar tects who use this c oice at the time of h' auctioning.

The clerk of works or e can issue directions which require e a coYnpeten person-in-charge on ials do of comply with the contract, the Architect can order Ae 3.

Th ct is empowered to order tests and inspection, and n-co pliance in similar work elsewhere is covered In the event of failure to comply, and although this might under other circumstances be interference with the contractor's working methods, the Architect is empowered to issue instructions 3.

The contract does allow for work under the direct control of the Employer to be carried out during the time that the contractor is in possession 2. In he event that the quotation is not unless a c firme issued to 'roceed with the work, but it will then accepted an inst uctio ation r.

The procedures should be followed precisely, and the tactor's p writte notice and supporting information is a requirement 4.

The su is to be reimbursed to the Employer in agreed amounts and at Schedul agreed time Interim payments to the contractor are made to the contractor following the issue of Interim Certificate by the Architect at intervals as entered in the Contract Particulars usually monthly. Interim valuations will be made by the quantity surveyor Within five days of issue the Empl writing of the amount of payment it intends to, deduct must be clearly stated in a written no ce w a o such action.

This must be given to the contra r no le the e for final payment. The final date for paym 4 s fro ate of issue Interim Certificate, and if no valid noti c s a iv e EZI then b must be made in full. Failure to pay by he final rp of 5 per cent over current base rate, cart aIso th ntra suspend work 4. Where the traditional operating of ention bonding 4.

Is ue of the Fin ificate within two months of sending the final accot to e co ractor a ays that work to be carried out at the end of th Rec on Pe d has een s tisfactorily dealt with 4. The Architect must issue an instr uc a e c tra or is thereafter not liable to the Employer under the cont ract for any - ompl ance with statutory requirements resulting from the instruction 2. This is -r- If instructed, the c ntrac take o es insurance for the Employer against the risk of c aims rising due t uisa e.

There is a list of exceptions, and damage no be at ibutable o an neg'Hge'nce by the Contractor. An entry will indicate er ma be req red 6. New work in existing and still a matter for the Employer, requires all risks cover. Normally it is isk wi contra or under Option A, since restoration under riatio work d will be valued accordingly. In the event of non-compliance, the insurers can specify remedial measures which must be undertaken.

In the event that terrorism cover is withdrawn and is no longer available, the situation and options open to the Employer are dealt with in clause 6. Again, the proc ciures e fol meticu of insolvency of the Employer, th contra aye c ter employment.

The respective rights and d ories12 the parti1s completion are set ou ice 8 Miscellaneous A list of definitio releva t to Co' s in sled Article 7 of SBC05 provides for this. Part The procedure for adjudication is as set out in the Scheme for Construction Contracts, subject to some limited provisions regarding the appointment of the 92 Traditional procurement: standard lump sum forms 6 JCT SBC05 adjudicator 9.

The adjudicator's decision is binding on th determined at arbitration or by legal proce Article 8 establishes arbitration as an the Contract Particulars indicate that The appointment of the arbitrator his or her powers are defined The parties agree that either Arbitration is to be cond Construction Industry Mo Arbitration Act shal s, provided apply.

They both follow a relatively atte in t at t h y are ckage in a folder, there are counterpart copies or cus mer d the bui and guidance notes. They are written in reshi comme dably free from jargon and legalist language which has ined for t rk for Clarity approved by the Plain English Campaign. Obviously this promised a significant nts, improvement o -oral arr 0 m Occupier, sui home improve gements or poorly worded letters, and encouraged the parties to consider me odically and agree the important points before concluding the deal.

His c ork now esti to be a more appropriate form for much f the rger- le Minor veyo , tha the J build' s attracting the involvement of architects a smalle work a co m ial ature. Works Contract which is perhaps more s to act the c sto pr'' behalf, It can be used only where a consultan s ap Agre t for ofessional and the document folder includes a JCT Cons tan nt t.

It is likely t prove more services which is dedicated for use with t is b d ng ee nts blis d by t1j4 professional appropriate in these circumstanc s 5 ions: bodies. Both forms are now re blished I fl, a-' ,,, i Nature ccuust rpm se The Building Contract for a licat h w en completed sets out two parts. First there is a ques ionnair ndly t the ct Conditions clearly and the arrangements for t two The ustomer is provided with simply worded uncle 11 headin ential bui er, an t of helpful guidance notes.

Ther yare cope es of e inside cover of the package. The Part 1 is the rrange en for th work, nsul an Agree 13 heading ' The o" asy to un rstand.

Note that it is suitable only for a home owner. If the work is being carried on as a business venture, then one of the commercial contracts should be used. Customer can ext d wor peri Insurance provisi s cover for dama e to Provision f if ntractoris delay custo er's ork and unf' ed m occupati secu a ' h d for limited stated reasons. Contract figure can only be changed up or down if changes to the work are instructed. If delay is caused by the he con actor may also be entitled to costs.

Payment may be a single payment or by instalments as agreed. Customer to pay 95 per cent of total amount due. If stage payments are selected, they should be clearly defined and amounts stated. There is a three months D of which the consultant will issue a list of any fauIZ the remaining 5 per cent will be due within 14 days ility i plet n h en re ified bee ertifi rce, co ac fl, Insurance provisions are minimal, and limited to us all risks cover for full cost of damage to ork a u stipulated and public liability cover.

The cc ct liab ility ve fl, riod, ese ave terials no c Provisions for occupation and security re s esare Ii to ng in residence the customer should be mad aware t in a veni ce r u ption which might result, and the contra r sh o Id mp ryrotective measures as appropriate. Also the contractoro bligati n to a p t racti a common-sense precautions' might require mething ore ecifie th peci cation.

In suc Agreement must also be used. If the the version onsultancy al and clear ly. These differ d not be used. As e cas yet there a no d Qicat dh contract nistrat on forms available, but letters should be clear identifi d aser where they re intended to serve as such.

The presentation and aging is ri and cus m r orien ted. The terminology is straightforward and e form bly written i plain English. As Tony Bingham was moved to e co mme in uildin 99, 'This little form is a beauty'. It d t er minor works for which even the H e ccu Contract long. The JCT have now re-publishe the d t in editi revised format. The new version own edfree e The form provides a most u ful service about, and commit to writi g, thosss tials too often been left as vagu assu ptions.

Where the contractor into an agreement su i t. The ditional page of guidance notes. The ith a appr riate or thi kind and size of operations, clearly ns. The form of h buil g work which might involve structural alterations, whemore than o ely to be involved. This will then od of the c ntractor submitting n a quotation which is subject to the term Brief synopsis A two line description of the intended work is followed by whether the premises will be in occupation at the time.

The contractor's price is inclusive of VAT, rate. Facilities to be provided by the custo Payment is not made until the wo contractor's itemised invoice.

The contractor must carry 'eno materials on site, in additio t A start date and the contraceriod of working. It migh also ,help to prot t cus 'cowboys' of the industry! At the time the Mini andard forms, this is now had no real com published by the Cl general use and the other developed use with residential works.

Having said that, they are fish a req ire the inimum of effort to complete. Whether or not the CDM Regulations applied in full would depend on the nature, scale and duration of the intended works, but there is no express contractual obligation in the Conditions. Any adj tments be entered in the Schedule of Adjustm ts. Xractornot-wed is to list defects 'he without iften consent of the other party, and the to sub-let any work without the written consent of the viser 5.

A retention of 5 per cent or other as entered will be held by the Employer until the Final Certificate 6. Retention money is held in trust. The contractor must comply with all legal a and charges 1.

Presumably these w equireents, statut a er and c d d pay to the C ntract LQsura mover Amount property other than the Works? The contr, c too le fo Works, unfixed materials etc. Claims or disputes or ene a decision. If no 'resolved thin th for The adjudicator ma be a ers-6n agreed b wee n e parties, or nominated by the CIOB President. The ocedt4 res for ad' do are conctly stated in the contract, th adju cator is and the decisi be gard d as final and binding upon the parties Urefers to the appointment of a replacement such provision in this form.

There is no such fluctuations provision in this form, Ily fja ed price contract. In this form 9. C need d before issuing the Final clusive. It is easurement to some degree, and that SMM hich of course is not the same thing as 'approximate e ure and extent of the work is broadly known before case ith 'cost plus' forms.

The ed a aditional method of building procurement, arly start on to a5 It was thought that this could c oul still be achiev di e desc ibed accordance with SMM Rules, even though the uantit k couidiot be acc rately determined. It has now been revised an updat edition, al g with the other forms in the suite. Subsequent events may have be h overstated and that the implications of not itment d not been fully appreciated. Reference is made to bills of quantities setting out 'a reasonably accurate forecast of the quantity of work to be done'.

The form should not be used where only certain Sections of the Works are approximate. In such cases the Standard Form With Quantities should be used, and the relevant items might be marked 'Provisional' or, if under SMM7, could be the subject of 'an approximate quantity'.

The Recitals differs, and Article 2 and Clause 4. The With Approximate Quantities version diffe rules to take account of the fact that all 2. In clause The list of matters for which loss an refers to work 'for which the accurate forecast'.

Interim Certificates cover ' II wor sured an alue the quantity surveyor'. It permits a ertain a of fast-track g, he design needs to be well developed and in detail efore proximate quantities are taken off. It allow, for sub-contractors to be chosen by vii essio an torfr thr names.

The form has the sa lses sele fl, dministrator note that some of the procedural rules are detailed e-consuming. The form is available on disk. However, successful use depends and accurate the approximate quantities are in the first place. The Conditions show nd that it is not appropriate form which engineering operati that the form is not for lump sum cpntra f This ICE for Consulting under re warrante Civil Engineers, the Association of Contractors Association.

These forms continue to be g for the needs of the modernisers, as well as s o DD y ages long and comprises the Conditions of contract; a Form in two parts, the first of which is to be completed prior nd of which is to be completed by the Contractor; and a The latter identifies the documents which form part of the berawings, the Specification, and the priced bill of quantities, in contract addition to the Conditions.

The Conditions are contained in 72 clauses, without any apparently logical sequence or structure, but with historic precedence. However, reference is made relatively easy for the uninitiated because there is a Table of Contents and a particularly detailed Index. The key person for contract administration is in the event of his or her being unable t tints, a en es in ment ate, n oavment and reten n 't mper is successor.

The important Appendix and written t quant es, Specification, and the Contract e tak as being mutually explanatory 5. All materials and workmanship shall be as described in the contract, and as instructed by the Engineer.

There is provision for samples and testing Time The contract may prescribe that posse ion of th in portions The contractor is to commenc as soon sib er f Date as stated in the Appendix the rm en , or vv The cont ct is contract is entered into, or ed d expedition The contractor will for taking such steps as may be necessary CD 2 d ed and ha ork and defects period runs from the date of substantial to d in the Appendix to the Tender as the Defects Correction Dr is o liged to finish any work outstanding, to deal with repair, gr46d.

The co amendment, recd :r ti n, rectification and making good of defects either within or the peri so i as may be practicable. A Defects Correction Certificate is to be gine when he or she is satisfied, although this in no way relieves the r of any lia ility The contractor is prevented from assigning the contract or any benefit or interest under it without the written consent of the Employer 3.

The contractor is not permitted to sub-contract any part of the Works including their design without giving written notice to the Engineer 4. There is a detailed set of provisions f, as is normal, the Employer is required to bear so If any design obligation rests with the sub-contr contract and the sub-contract 58[3]. The contractor is wholly responsible for the unless incorrect information was given b own cost 0 7.

The Engineer is in accordance empowered instruct with the con ract, art oval e prope f site. Wherever possible quotations should order.

The Engineer must issue a certificate within 25 days of delivery of a statement. Amounts for nominated sub-contractors are listed separately.

The certificate must show the amount due and the basis of calculation. If the Employer intends to withhold payment, he must notify the contractor not less than one day before the final date for payment, and state the grounds for any deduction. If the En to make proper payment to time, then t overdue amount 60[7].

Rate 9 of retention, and the limit of re ntion 60[ Half the retention is released it-hi-p- 14 daJ of th days Substantial Completion, and t e other ha v hin Correction Period 60[6]. Defect ction Certificate, the Not later than three mont s aft rting documents. Payme t is requi. There is no express obligation on the doc i s or instructions by the Engineer conform to e found not to, the Engineer must issue s, ions g en utory requ structixTs, There is ce to legislation on damage to highways 30 and unnecessary oads and footpaths The risk covers damage from any cause whatsoever, except where the damage is due to the Employer, or is a defined Excepted Risk, or is due to faulty design of the permanent works T death or injury to any person, and damage to roperty other an th are certain stated exceptions Termination The Employer is given the ri t to termi ate th mplo contractor in the ified defaults by the e site, have the work the Defects Correction e of s -1 event of the contractor's ii, insolv nc or becau Contractor.

The Employer is entitl d to take completed, and postp an settl vent of ccou Period has expired 6. The Engine Works, the site and workshops With the ICE be iven, and adjudication is to rocedure 66 6. The party seeking inally etermine t e p ICE O-1 a"' force, parties to the c Conditions of Conu ct cto reso ht, tie 'liation e s ispute. If considering using ICE Conditions of Contract re This is a contract primarily intended for use with basis of measurement. It is not readily suitabl find themselves involved in some secondary b orl-Ml enaineeriM work woe will apply.

En -contMed fore' without t need e for supplements. The the Association of Contractors. This is a document ntended fo use wh e the mall, the contract period six months or less, t ere ate n nominati s, de n of the Works is essentially complete, the contra for h no respo desi n of the permanent works, and do,not e eed f2 ,00 It isform suitable for straightforward i and,this includes th Conditions, an Appendix, and a Form er 13 headings, and are commendably diti o rys are re d.

The are pr aced by a full index, and helpful Guidance Notes, ntract, e inc4 ith the form. This latest edition takes account ing G ction and Regeneration Act T e C rasy or lump contracts, or with measurement contracts using a tities, valuation based on a Schedule of Rates or a Daywork t plus form.

An Appendix entry will show which is applicable. A entered in the Appendix, together with a period for completion. The fo to starting 4a 'etion of he orks can be in phases. Synop 1 Intentions This is essentially a contract for engineering rather than building work.

The Employer must appoint an Engineer, who is to be named in the Appendix 2. The Engineer may appoint a named Resident Engineer, and delegate any powers except those dealing with disputes 2. Partial pletion by Sections identified in the Appendix. The duration of this will be rt. Completion is to be certified by the Engineer after the defects have been made good and the Defects Correction Period has expired. Certification is in response to a request by the Contractor, and shows that the contractual obligations have been discharged to the Engineer's satisfaction 5.

The contractor may not the Engineer 8. The Appendix can t used Options are for lump sum, measurement on chedule Rates, valuation on a Daywork Schedule and in the tender figure. The Appendix may include a minimum figure for any Interim ertificate shall show the amount due and the basis on which it was calculated. Payment by the Employer becomes due on certification, with a final date for payment 28 days after delivery of the monthly statement.

If the Employer intends to withhold payment, he must notify the contractor not less than one day before the final date for payment, and state the grounds for any deduction 7. Within 42 should issue the Final Certificate. The amount p the final date for payment is 14 days later 7. Th s wou lude plan matters of land law includin part walls conserA issi ere this has occurred because Engin.

There are requirements nd Safety Plan and the Health and under the R ulati cernin Safety File, nd these o ions be"Goryiie contr, ctual as well Unfixed materials and construction plant incl full va e against all loss or damage, bar Excepted Risks as is re fined re e contract The c ractor damage to extent that the E the cause Insurance required under the contract is subject to approval by the Employer Be More Alive!

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The contractor must be notified if the Architect detects a defect in the contractor's design, and the Architect must be notified if the contractor considers that its design will be adversely affected by an architect's instruction. The contractor's obligations for design work are otherwise not reduced 3.

The provision for dealing with a discrepan or dive Requirements, the Contractor's Proposals an he Apalys. Contract bills, except where specifica Xy stated accordance with the Standard Metho of Measu. The contractor is required o submit d a relation to the design th 'Cor Contract Documents, or a reas nably necesa. This is also a contractual duty Articles 5 and a r placement is also covered 3.

Dates for posses d co pletion should be entered in the Contract Particulars. There is provi on for div' ing the Works into Sections, and setting separate commencement a co letion dates, and rates of liquidated damages for each section. All provisions relating to timing, for example extending the date for completion, apply separately to each section, except that there is only one Final Certificate. Early completion is an opt 6n for achieved, issue of the Practical Completion ertifica can t the Employer is not obliged to assist the ntract in tern.

Notice of delay must be given in writin yt Co toge supporting information including its estima ke ffect? The Architect is required to conside a new c ion te, ar the contractor Thi ref of his or her decision within 12 ,weeks nt events' are listed which are grounds for an e e f tim 29 the nt of which relates to any impediment, preve tion o t mploy e interim decision is itect la th subject to review by the we ks following practical completion.

Whilst it reduc ion y awarded, the original contract period cann, t be reduc there i visi for accelerating progress, dures foN ealin except by agreeme t. The p elay and extensions of time are detailed and ne d to e followed witb e. The requirement to grant third party rights to identified persons, together with information regarding limits to the contractor's liability, must be set out in the Contract Particulars.

The rights are set out in Schedule 5. The cont. The requirement to enter to war antie in the Contract Particulars, the relevant persons nd su together with information regarding limits to the ontrac or's bil. T relation to the Employer, although this is no eferred. Sub-contracting any part of the work, in written consent 3. It is a condition of any b-letti certain provisions 3. Visits, inspections, etc. The contractor may sub-let to pers list Contract Bills.

There must be not less f n thre abl the specified sub-contract v fired ti might consider whether the l require th contra for to submitting its tender, in or er to dtim rage so-c ed 'D. Architect's instr tions lust confirmation of instr tioi are empowered, an these-may. The clerk of works or e can issue directions which require. Th ct is empowered to order tests and inspection, and n-co pliance in similar work elsewhere is covered The contract req s all wo to be carried out in a proper and workmanlike manner, and in accordance wi e Health and Safety Plan 2.

In the event of failure to comply, and although this might under other circumstances be interference with the contractor's working methods, the Architect is empowered to issue instructions 3.

The contract does allow for work under the direct control of the Employer to be carried out during the time that the contractor is in possession 2. The Conditions provide for the contrr cto including landfill tax, levies or contri utions p Schedule 7, Option A. Increases in the st Alabo ccmanc as net increases Schedule 7, Opti tions is 7, Option C , if either of these. Where provisional sums ha contractor 3. In accor, defined or for undefined approximate quantity is includ rdereo, a variation has been application of the v uation rule.

In he event that the quotation is not unless a c firme issued to 'roceed with the work, but it will then accepted an inst uctio ation r. The procedures should be followed precisely, and the tactor's p writte notice and supporting information is a requirement 4.

The su is to be reimbursed to the Employer in agreed amounts and at. Interim payments to the contractor are made to the contractor following the issue of Interim Certificate by the Architect at intervals as entered in the Contract Particulars usually monthly.

Interim valuations will be made by the quantity surveyor Interim Certificate must show the amount due, t calculation. Within five days of issue the Empl writing of the amount of payment it intends to, deduct must be clearly stated in a written no ce w a o such action. This must be given to the contra r no le the e for final payment. The final date for paym 4 s fro ate of issue Interim Certificate, and if no valid noti c s a iv e EZI then b must be made in full.

Failure to pay by he final rp of 5 per cent over current base rate,. Where the traditional operating of ention bonding 4. There are precise procedur s to b --fe0wed in f prep tiorY of the final account after practical completion ti 5. Is ue of the Fin ificate within two months of sending the final accot to e co ractor a ays that work to be carried out at the end of th Rec on Pe d has een s tisfactorily dealt with 4. The Architect must issue an instr uc a e c tra or is thereafter not liable to the Employer under the cont ract for any - ompl ance with statutory requirements resulting from the instruction 2.

If divergences betw-eerrstatutory requirements and documents relating to the Contractor's Designed Portion are discovered, the contractor is to propose the necessary amendments, to be at its own cost unless one of the The contractor indemnifie the E and injury or damage to erty o mini backed by insurance the Contract Partic.

If instructed, the c ntrac take o es insurance for the Employer against the risk of c aims rising due t uisa e. There is a list of exceptions, and damage no be at ibutable o an neg'Hge'nce by the Contractor. An entry will indicate er ma be req red 6. New work in existing and still a matter for the Employer, requires all risks cover. Normally it is isk wi contra or under Option A, since restoration under riatio work d will be valued accordingly.

In the event of non-compliance, the insurers can specify remedial measures which must be undertaken. In the event that terrorism cover is withdrawn and is no longer available, the situation and options open to the Employer are dealt with in clause 6. A warning notice may be sued the rch' ct, b the notice of termination is a matter for the Employe, In th case f Ive of t Contractor, depending on the circumstances, th mplo might enter in an i.

If no such agreement is reached, and in all o er cases, Works completed by another contractor The contractor is allowed to termina n e melt forpecifie the Employer 8. Again, the proc ciures e fol meticu of insolvency of the Employer, th contra aye c ter. Either party can terminate tl employment o 8. The respective rights and d ories12 the parti1s completion are set ou. A list of definitio releva t to Co' s in sled Article 7 of SBC05 provides for this.

The procedure for adjudication is as set out in the Scheme for Construction Contracts, subject to some limited provisions regarding the appointment of the The adjudicator's decision is binding on th determined at arbitration or by legal proce. Article 8 establishes arbitration as an the Contract Particulars indicate that The appointment of the arbitrator his or her powers are defined.

It is intended for substantial lump sum contr c is available or us without quantities. Work needs to be fully d cume d tende tage and completion within a stated period. The con ;actor m3 e quire desig identified part of the Works, in which m be def ntra Employer's Requirements at tender stag! The completion date may be subject to adjust ent if elays re cau by a ran e on 'neutral events', as well as by events whic are th respsibi of the Employ, r.

The so etimes lengthy provisions are not always easy to grasp, although the late dition s gone a long way towards improving its clarity and ease of use. The form is supported by a considerable body of case law, and many helpful commentaries and guides. It is still probably the most widely used form for major. The further includes:. It is similar in structure to its adapted to sui immediate predecessor and even uses the same numbers for most of the Conditions.

There are fundamental differences, however, in the text which are not always immediately apparent. The earlier published form was intended almost exclusively for use by government departments and reflected the methods and procedures of contract administration then used by them.

The form was not intended to be even-. To facilit e this a form which strikes a fair balance be een the ver n the one e has been hand and those of the contractor. There is JW introduction and contents list, h ar set ut in a clear graphic style using well ablishe terminology.

Also included are a straightfor and la m7s mmary fo contract administrators ; a detailed s Schedule f Tim Particulars but with an Addendum for alphabetic index--t],jpe cust ofm a ry information et to uppliedl- and the tender forms. The Contract entrie Ag r versi s so hat th contract can be under Scots law, or under les an Northe Ireland. The factual details relating to a particular contract and the incorporation of option provisions will be determined on how the Abstract of Particulars is completed.

This could be problem tic if the. A Contract Agreement is to be execu Government contracts are not normally, execu attestation if required. If any ntra ands rejected by the Project for a its own expense 31 [6].

The e fessional duty to exercise reasonable give a itness for purpose warranty Alternativ ave sabified iVelf about the conditions under which he payment i3-,Alowed except for unforeseeable ground. If discrepancies occur between Specification and drawings, or between drawings, the contractor is to draw the Project Manager's notice to any discovered 2[3]. The Conditions prevail where documents conflict with them 2[1 ]. The contractor is to receive a copy of Works' in a form which the Project M agerco.

The contractor is required proc Programme, or as the Project nager ted ri ject Mana e dat i. The date for comple ion is set out in or asc ained' om the Abstract of Particulars 1 [1 ].

If notice is er is alrea dy aware of likely delay, he or she shall consider nsi 36[1 ]. The causes for which an extension may 36[21 , and the Project Manager is to indicate whether the final.

The Project Manager is to keep interim decisions under ikon is possible 36[3]. It is interesting that weather is not. The contractor may also choose to l5osals and Programme amendments for the Employer to consider. The Project Manager shall issue a certificate when the Works, or any Section, are completed in accordance with the contract Failure to complete the Works or a Section which includes clearance by the relevant Date of Completion makes the contractor liable to the Employer for liquidated.

The Maintenance Period will be stated in the contract accepts that there might be more tha contractor is obliged to make good defects at Is the Employer. Any arguments about liability d reirri defects have been rectified. There is provision for completion of the of Particulars 1 [1 ]. There is provision for the Employer and this also relates to completio.

Control The contractor is not allowe o assign written consent of the Emp yer S b-lettir of the Employer or the Proj ct M r 62[1 ]. In any sub-contract, t contractor is respons imposed upon the completed 62[ The ing th sub-c6 tract rs comply with all obligations ntra c m t see that sub-contract works are.

The cont for is given right of reasonable objection. The contract sets out what instructions. Instructions requiring a variation are ter ed 'Vls'. T Project Manager may require the contractor to submit a quotation of the fu of complying with a VI within 21 days of the instruction In the event of failure to comply with the Project Manager's instruction, the Employer may have the work done by others at the contractor's expense This right extends to rectifying defects 21[3].

A clerk of works or Resid r vbe a point d, an Manager or quantity surveyor may app int reores cise th powers which must be listed 4. The Project Manager may in ect, exa n or vet is d out 31[4]. Independent experts may be bro it irt, tes es o uita ity-of Things, and if their findings disclose nonit e contra t n e contractor must.

The rate is to be stated in the Abstract of Particulars. The in the d" ions. Interest and finance charges are expressly overy of expenses depends on written application from the ie Project Manager in time 46[3].

The application must meet Qn3. Progress ayments, t rmed 'advances on account' 48 , are based on either Stage Payments, Llesto Payments or Valuations 50[2]. Payments will include for work executed to the satisfaction of the Project Manager, and the contractor is entitled to 95 per cent of the relevant sum, plus per cent of certain other sums and certain adjustments 48[2]. Th the tent estimated by the Employer as the Final Sum, less mon s of in surveyor shall send a copy of the final account to th contr for notif agr me or herw certified completion 49[2].

The contractor m hen th final o n is ased within three months. The other half of any and AW t Certificate is issued at the end of the last ai en ce Perio contractor has complied with making good efects.

Statutory obligations The contractor is to give all statutory n ices req ' e , ob ' any loyer ill re' s or urs and pay fees and charges arising.

The E rin 'pal act incurred. An obligation on the co r or ting with the CDM Regulations is expr ssly st. The contractor is also required to cori stated in the Abstract of Part he is working The contractor is required t storage and use of all Thing.

This is in respect of any loss or rises because of 'accepted risks', defined in 1[11 , ndit ons or unforeseeable circumstances beyond the control of the contract r, the contr, ctor will be reimbursed by the Employer. There is an absolute obliga ion on th contractor to reinstate, replace or make good to the The contractor is to take precautions needed to take care of the site and the Works against loss or damage from fire, and any other cause, and shall take all reasonable steps for security and protection of the site and Works including lighting and watching 13[1 ].

The Employer may determine the contr Contractor. This is a discretionary power upon some default by the contractor. Matters following determ 'on removal, transfer of sub- ntrac surveyor shall ascertain and t. There are precise require, ents f 'r the 2 ays o the and the procedures. A decision may normally be xpecte wit notice. Arbitration is included in addition to adjudicati 60[1 ] , and the arbitrator is given wide pow.

In the latter case resulting from the contract eing are relevant references to sta e law Contract Agreement f Scots given in the Comm tary unde Back. The wording is bo alternatives f r adv ce o n ac unt, roced are logical, and there are many clear, with good raphi Iyout. Qn 'v,. Amendments to the design and build versions were published in , to introduce some of the recommendations of 'Achieving Excellence'. This resulted in a form which is adapta in lump sum, design and ed to ble build, or managem t procure en neering and building works.

This was an entirely new contracts undertaken for the by a panel of engineers and lawyers. The Engineering a Con ru on Contra what was first calle the ew Engine hto draftingir clean sheet' cons. It was further claimed that it could be ost t s of civi engineering and building work, from largeably adapte fo cale pr sect mestic-sca work.

Although drafted as a head contract, it houg t that' could Iso be used as a sub-contract, thus providing the s origi II tein b k to ack compa ' ility. The language of the form was such that it was uitab le r use under UK law and also overseas. It was further thought desirable to introduce incentives for good performance and early completion. NEC3 in his Report. Reports in cate th, een taken p widely, and that it is now being used on pro' is in se ors of car on and engineering in various parts of the w A example o this is t the English National Health Service requires an ende r of N K2 to e use on its Procure 21 projects.

The number of secondary been made to existing clauses such as ion events, correcting defects and adjudication. NEC3 is intended as a refer ment, and contains Core clauses and Optional clauses. The Core clauses are set out in nine Sections, and apply in all contracts. The core clauses allow for a flexible amount of contractor design, enabling the form to be used in traditional and design build procurement.

The Main Option clauses constitute six sets of clauses A to F, and one set will be added to the Core clauses to adapt the. These Main 0 payment system. For convenience, ver with each of the six Main Options ar. There are also Secondary Option required. K w can ted as required part erin y rma icators; advance imita o bility for design; ont c is mp delay es; low performance to ta' e co itions to the intended.

The use of the present een criticised by lawyers when. Ano oblem tha the co tract does not state clearly the contractor's Ot el of liability bf n, a ough e inclusion of Option X15 implies that it is ende ortunatel, this lack of clarity means that the form is nt. Use sa select the appropriate Main Option. Then the Secondary Options can be considered and incorporated as desired. It is necessary to determine the makeup of the contract content before completing the statements of Contract Data.

The Core clauses are relatively brief, and the information carried in the Works Information and the Contract Data therefore becomes extremely important. Because of the number of options will be related to the selected options, completion o, Contract Data needs to be precise and approache. The intentions of the parties as indicated in from the Core clauses, the choice of Op by the Employer.

It is important therefore to make is full, clear and accurate, e. Title to plant, eq pri eml and aterials is normally vested in the Contractor, but may pass to the Empl er where t e Supervisor marks goods and materials as being 'for the contract' The s f title is allocated a complete Section of the Core clauses. Starting and completion arrangements are straightforward Possession of the site, access and use is subject to conditions If the c 25 per cent of any amount that would oth until the contractor complies T Programmes may be revised subject to The Project Manager is empowered to i not started until instructed This allows the work f on cont the Empl e hr urre dovetailed with that of anot efault ainst t a key date can be claimed.

The Project Manager must cto his or her decision. The contractor must submit names, qualifications and experience of key people.

Replacements are subject to acceptance by the Project Manager The Project Manager may order the removal of an employee from any further. The contractor is wholly responsible for th contractors are subject to acceptance by the. Tests and inspections carried out by "the tr ay b,;-,, sts, Supervisor, who may also order the c tractor to-EkhW o. The Supervisor may instruct the c tracto not the Supervisor notifies him the ractor end of the Defects Correction. Where Works have been t ken over y the Emuploy ject Manager is to arrange access for the con actor o rrect defec Whe it is agreed that defects need not be corrected, then there ay be ork nformation and a cost reduction If the Employer intends to withhold payment after the final date, he must notify the contractor at least seven days before the final date, stating the amount he intends to withhold and the grounds for so doing Y2.

NEC3 Interest is payable on amounts due but npaid, and Manager's certificate which is due but issue late. T e in the Contract Data Suspension of performance by the cony fa r to make proper payment is treated as Comp Y2.

There can be price adjustments fc r. Policies are to in joi t names, a en o in the case of the contractor policies and t to acceptance by the Project Manager. If the contractor fails ployer may insure and charge to the contractor 85 and Termina Valid reasons for termination by the Employer and by the contractor are set out in Termination Table The Employer may elect to complete the Works hi and may use any plant or materials to which h.

Secondary Option clauses ca beincor p rate to ma for inflation X1 ; changes i the l 2 ; m ulti e curr cies. If arbitration, the procedures to be followed appear not to be stated in the contract and would presumably be for the parties to agree. The idea of Core clauses to which sele e clauses may be added to produce a tract W. The Contract Data and Works Info at io former is not to be changed ntra supplied by the Employer formats, and is information ne sary a.

Cha ges in the w of e p ' n is incorporated. Additionally located might be a mpe sation Ev Addendum Y. The key persons are the ages the pr curement of the Works for the Employer; and er, who certai responsibilities on site for the Employer with sor,.

Attestation is by a separate. A cooperative itude is essential with NEC3, and there is a strong emphasis on ent. However, the form seems to have been widely used without serious problems. Just what constitutes a shorter form is arguable. For the purposes of this book, contracts which are comparatively brief and easy to handle in terms of administration are included under this heading.

This need not necessarily imply that they are solely for smaller works nor indeed only suitable for lump sum contracts. IFC84 was the subje. T 'r provisions for naming sub-contractors retained. In all other respects the verz ins a e id enti al, therefore the points raised below can be assumed to apply to bot version unle Vindicated otherwise.

There are eleven Recitals in the icles. The Conditions are arranged under nine headings, in e wit 5. T p re is a contents list at the front which gives clause and page numbers.

The Intermediate Building Contract has the virtue of relative brevity, a clear layout and commendably easy cross-referencing. Although the wording of the clauses is of necessity truncated in parts, the Conditions should be adequate for the foreseeable circumstances of most middle range projects. The introduction of the ICD05 version. The inside front cover of IC05 not part of th e These refer to building works of simple c ntent a installations.

Most important, there is a remin th this eJ mu be priced entirely by the Contractor, and t billed or specified at tender stage. ICD05 lists an additional crite ion fd suitabilit part contractor is to design that design have be n detai r on. The dministrator Article 3 , and to Employer is requi d to a of t an ar hitec inted to un rta ke duties required of a quantity surveyor name whoever is a Article 4. T twervison and Pr ontractor will be identified in entries.

Where a sub-contractor is s are also t be included. The E e wise to stipulate a Contract Sum Analysis option. The Employer might al's e it to be in a preferred format, and perhaps this should be prepared by the quantity surveyor for completion by the tenderers. Want to Read saving…. Want to Read Currently Reading Read. Other editions. Enlarge cover. Error rating book. Refresh and try again. Open Preview See a Problem? Details if other :. Thanks for telling us about the problem.

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