The JCT Minor Works Building Contracts 2016

About the Author David Chappell BA (Hons Arch) MA(Arch) MA(Law) PhD RIBA is an architect who has worked in both the public and private sectors, as well as in contract administration and as a lecturer in construction law and contracts procedure. He was Professor of Architectural Practice and Management Research at The Queens University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. Since 1989, he has practiced as a contracts consultant and adjudicator, both for a large consultancy and for the last twenty-three years as director of his own consultancy. He is an experienced adjudicator and the author of many books for the construction industry.

Preface to the fifth edition x Abbreviations xii 1 Introduction 1 1.1 Some general things about contracts 1 1.2 Some background to MW and MWD 4 1.3 When to use MW and MWD 5 1.4 How to use 7 1.5 What is the contract? 9 1.6 How to complete the contract form 10 1.7 Priority of documents 16 1.8 Inconsistencies and divergences 16 1.9 Custody and copies 19 1.10 Limits to use 20 1.11 Notices, time and the law 20 1.12 Common problems 21 2 Some basics 24 2.1 Works 24 2.2 Drawings 24 2.3 Copyright 25 2.4 Specification 25 2.5 Schedules 25 2.6 Privity of contract and third party rights 26 2.7 Base date 26 2.8 Common problems 26 3 Things you must know 29 3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended) 29 3.2 Express and implied terms 31 3.3 Limitation periods 32 3.4 Letters of intent 34 3.5 Quantum meruit 35 3.6 Common problems 36 4 Architect's powers and duties 37 4.1 Authority and duties 37 4.2 Duty to act fairly 43 4.3 An architect in a local authority or similar 44 4.4 Express provisions of the contract 45 4.5 Common problems 50 5 Contractor's powers and duties 51 5.1 Contractor's obligations: express and implied 51 5.2 Basic principles 51 5.3 Carrying out the Works 59 5.4 Workmanship and materials 61 5.5 Statutory obligations 63 5.6 Contractor's representative 63 5.7 Compliance with architect's instructions 64 5.8 Suspension of obligations 64 5.9 Common problems 65 6 Employer's powers and duties 67 6.1 Powers and duties: in the contract and elsewhere 67 6.2 Rights under MW and MWD 72 6.3 Other rights 73 6.4 Duties under MW and MWD 73 6.5 Retention 76 6.6 Other duties 76 6.7 Common problems 77 7 Quantity surveyor 78 7.1 Appointment 78 7.2 Duties 79 7.3 Responsibilities 81 7.4 Common problems 82 8 Clerk of works 85 8.1 Appointment 85 8.2 Duties 87 8.3 Responsibilities 90 8.4 Common problems 90 9 Sub-contractors and suppliers 92 9.1 General 92 9.2 Differences between assignment and sub-contracting 92 9.3 Assignment 92 9.4 Sub-contracting 93 9.5 Nominated sub-contractors 94 9.6 Common problems 96 10 Statutory matters and work outside the contract 98 10.1 Statutory authorities 98 10.2 Works not forming part of the contract 100 10.3 Common problems 101 11 Insurance 103 11.1 Important 103 11.2 Injury to or death of persons 104 11.3 Damage to property 105 11.4 Insurance of the Works 106 11.5 Evidence of insurance 108 11.6 Loss or damage 109 11.7 Common problems 110 12 Possession of the site 111 12.1 Important points 111 12.2 Date for possession 112 12.3 Failure to give possession 112 12.4 Common problems 114 13 Extension of time 116 13.1 Why necessary? 116 13.2 Extension of time 117 13.3 Reasons 119 13.4 Failure to notify delay 120 13.5 Does an extension of time entitle the contractor to any money? 121 13.6 Common problems 121 14 Liquidated damages 123 14.1 What are liquidated damages? 123 14.2 Liquidated damages or penalty? 124 14.3 Procedure 125 14.4 Common problems 126 15 Financial claims 127 15.1 General 127 15.2 Dealing with loss and/or expense 128 15.3 Types of claims 130 15.4 Common problems 132 16 Architect's instructions 134 16.1 Architect's instructions 134 16.2 Contractor's objection 138 16.3 Specific instructions 139 16.4 Other instructions which will be empowered 140 16.5 Common problems 141 17 Variations 143 17.1 Variations 143 17.2 Valuation 145 17.3 Provisional sums 146 17.4 Common problems 147 18 Payment 149 18.1 Important to read this first 149 18.2 Contract Sum 150 18.3 Interim certificates 153 18.4 Final certificate 157