Contract Practice JCT OVERVIEW

Which form of Contract?
1. Traditional Procurement - re-measurement
  1. SBC 2011 - with Approx Qts (SBC/AQ)
  2. Measured Term Contract (MTC)
  3. Infrastrucuture Conditions of Contract 2011 (measurement Version)
2. Traditional Procurement - Lump Sum
  1. SBC 2011 - with or without Quantities SBCXQ or SBCQ
  2. IBC 2011 (IC & ICD)
  3. MW Comntract 2011 (MW & MWD)
  4. Major Project Construction Contract 2011 MP
  5. Building Contract for Home Owner/Occupier (HO/B) 2005 rev 2009
  6. Buildig contract and consultancy agreement for home owner/occupier (HO/C & HO/CA) 2005 rev 2009
  7. Home repair and maintainance contract (HO/RM) 2006
  8. Repair and maintainance contract (RM)2011
3. Traditional Procurement - cost plus
  1. Prime cost building contract 2011 (PCC)
4. Design and Build
  1. D&B contract 2011 (DB)
  2. Infrastructure conditions of contract 2011 (design and construction version)
  3. Employers Requirements
    1. the brief e.g. floor area/ lighting etc
    2. statement of facts
      1. site conditions
      2. services
    3. contract information
    4. form of content of CP and CSA
    5. specific function of employers agent, QS and CoW if required
  4. Contractors Proposals
    1. the response to the ER
      1. drawings, spec, models, perspectives, videos, method statement, programmees etc.
      2. Prov Sums
  5. Key roles by emp
    1. payment
      1. matters relating to valuation and payment driven by contractor
        Stage payments (alternative A) or periodic payments (Alternative B)
    2. EOT
    3. L&E
    4. Not 'variations' but 'changes'
  6. There is no
    1. A/CA or independent certifier
    2. certificates (statement & Notices)
    3. Contract administrated by emp/ EA
      1. identified in article 3
      2. EA referred to in
        Clause 2.7.3 (contract docs on site)
        Clause 3.1 (access to site)
      3. acting for emp as set out in writing
  7. Contract Sum Analysis
    1. required form?
    2. basis of valuation of 'changes' and fluctuations
    3. can be BQ
    4. should inc/identify costs (fees) for design wrk
5. Management forms
  1. Management Building Contract (MC) 2011
    1. management wks contract agreement tender agreement (MCWC/A) and the management works contract conditions (WCWC/C) 2011
  2. Construction Mangement
    1. Construction management appointment 2011 (CM/A)
    2. Construction management trade contract (CM/TC) 2011
What type of contract?
1. Traditional
  1. Lump-sum
  2. Re-measurement
  3. Prime Cost
2. Design and Build
3. Mangement
  1. Mangement Contracting
    1. contractural relationship
      1. 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
  2. Construction Management
    1. Contractural relationships
      1. 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
Other Standard forms of contract not JCT
1. NEC
2. GC/Works
3. CA form of building agreement 1982 (3rd ed 2000) 2011 amendments
conpletion in sections?
1. applies to
  1. SBC
  2. DB
  3. IC
Contractors design
1. seperate docs incorporating CDP
  1. IC/D 2011
  2. MW/D 2011
2. One version of SBC 2011 with CDP incorporated
3. DB 2011 design contractors responsibility except as set out in ER (2.11)
Contract Structure Generally
1. 1.Recitals
2. 2. Articles
3. 3. Contract Particulars
4. 4. Attestation Provision
5. 5. COnditions
6. 6. Scedules
Contract conditions fro SBC and DB
1. 1. Section 1 - definitions and interprutations
2. 2. Section 2 - Carrying out the Works
3. 3. Section 3 - Control of the works
4. Section 4 - Payment
5. Section 5 - Variations (DB Changes)
6. Section 6 - Injury, damage and insurance
7. Section 7 - Assignment, 3rd party rights and collateral warranties
8. Section 8 - Termination
9. Section 9 - Settlement of disputes
Schedule for SBC and DB
1. Schedule 1 - contractors design submission procedure
2. Schedule 2 - variation and acceleration quotation procedure (DB supplemental provision)
3. Schedule 3 - insurance options
4. Schedule 4 - code of practice
5. Schedule 5 - third party rights
6. Schedule 6 - forms of bonds
7. Schedule 7 - fluctuation options
8. Schedule 8 - supplementary provisions
JCT IC and ICD Conditions
1. Section 1- definitions & interprutations
2. Section 2 - Carrying out the works
3. Section 3 - control of the works
4. Section 4 - Payment
5. Section 5 - variations
6. Section 6 - injury damages and insurance
7. Section 7 - assignment and collateral warranties
8. Section 8 - Termination
9. Section 9 - Settlement of disputes
JCT IC & ICD Schedules
1. 1 - Insurance options
2. 2 - named sub-contractors
3. 3 - form of bonds
4. 4 - fluctuation options
5. 5 - supplementary provisions
6. Versions of IC and ICD
  1. work of sinple content generally recognised as basic trades of skills without complex services or specialist works
  2. contractor can be required to design discrete parts of the works (ICD)
  3. where fairly detailed contract provisions are required
  4. for use on a basis of with or without qnts. drawings togeeher with BQ or spec or work sch - work can be adeqautely specified
    1. non re-measurement or prime cost option
    2. no design and build option
MW & MWD Conditions
1. 1 - definitions and interprutations
2. 2 - carrying out the works
3. 3 - control of the works
4. 4 - payment
5. 5 - injury, damage and insurance
6. 6 - termination
7. 7 - settlement of disputes
MW & MWD Schedules
1. 1 - arbitration
2. 2 - fluctuation options
3. 3 - supplemental conditions
SBC Versions
1. With Quantities
  1. BQ's/ Drawings/ Conditions
  2. Quantities/ contract sum
  3. Large value works/ designed by emp
  4. BQ and dwgs required to specify works
  5. detailed contract provisions
  6. Administration by A/CA and QS
  7. Contractor can be required to design discrete parts of the works
  8. wks can b divided in 2 sections
  9. private & local Authority emp
2. Without Quantities
  1. Specification/Work Sch/ Drawings
  2. quantities (?)/ C. Sum
  3. As SBC/Q except no bills
  4. Spec/ Work Sch can be used to adequately define the quality and scope of woks (low degree of complexity)
3. With Approx Qts
  1. Bill of approx qt/ dwgs
  2. quants/ ascertained final sum
  3. As SBC/Q except insufficient time/ info to prepare/ complete design
  4. Re-measurement
4. Administration
  1. Emp appoints A/CA
  2. Emp appoints QS
  3. Design by employer which is undertaken by consultants and issued under the contract by the A/CA
IC & ICD Generally
1. lump sum contract
2. employer appoints A/CA
  1. certificate
3. employer appoints QS
MW & MWD
1. different from SBC & IC
2. time
  1. A/CA empowered to make EOT for 'reasons beyond the control of the contractor'
  2. provision of Liquidated damages
    1. no certificate of non-completion
  3. no provision for deferred possession/ partial possession or sectional completion
3. Payment
  1. due dates are 4 weekly intervals
  2. fluctuation provisions are limited
  3. loss and expense limited to variations or prov sums
4. Generally
  1. Lump sum contract
  2. no QS
  3. emp appoints A/CA
5. Control
  1. no provision for naming sub-contractors
  2. no provision for employer 'direct works'
  3. No provision for testing/ opening up works
6. Insurance
  1. contractor insures works
    1. no provision for emp
  2. works & exisitng structures by employer
7. when to use?
  1. detailed contract provisions are required
  2. the contractor is to carry out and complete the design and the works

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