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The JCT Intermediate Building Contracts 2005, 3rd Edition




The JCT Intermediate Building Contracts 2005, 3rd Edition

David Chappell

ISBN: 978-1-405-17268-4 May 2008 Wiley-Blackwell 392 Pages

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The 2005 version of the JCT Intermediate Building Contract has introduced a very different looking contract format and a number of changes to contract conditions. A completely new Intermediate Building Contract with Contractor's Design has also been issued.

This well established guide, which has been thoroughly updated, looks at the changes and key aspects of both forms, and takes account of new case law since the last edition of the book published in 1999. It also discusses the new subcontract agreements.

Preface to the third edition; Chapter 1 The Purpose and Use of IC and ICD; 1.1 The background; 1.2 IC documentation; 1.3 The use of IC; 1.4 Completing the form;Chapter 2 Contracts Compared; Chapter 3 Contract Documents and Insurance; 3.1 Contract documents; 3.1.1 Types and uses; 3.1.2 Importance and priority; 3.1.3 Errors; 3.1.4 Custody and copies; 3.1.5 Limits to use; 3.1.6 Notices ; 3.2 Insurance ; 3.2.1 Indemnity; 3.2.2 Injury to persons and property; 3.2.3 Things which are the liability of the employer; 3.2.4 Insurance of the Works: alternative clauses; 3.2.5 A new building where the contractor is required to insure; 3.2.6 A new building where the employer insures; 3.2.7 Alterations or extensions to an existing building; 3.2.8 Benefits for subcontractors; 3.2.9 Joint fire code; 3.2.10 Terrorism cover; 3.3 Summary ; Chapter 4 The Architect's Authority and Duties; 4.1 Authority; 4.1.1 General; 4.1.2 Express provisions; 4.1.3 The issue of instructions: general; 4.1.4 Instructions in detail; 4.2 Duties; 4.2.1 Duties under the contract; 4.2.2 General duties; 4.3 Summary ; Chapter 5 The Contractor's Obligations; 5.1 Express and implied obligations; 5.1.1 Legal principles; 5.1.2 Execution of the Works; 5.1.3 Workmanship and materials; 5.1.4 Statutory obligations; 5.1.5 Person-in-charge; 5.1.6 Levels and setting out; 5.2 Other obligations; 5.2.1 Access to the Works and premises; 5.2.2 Drawings, details and information; 5.2.3 Compliance with architect's instructions; 5.2.4 Suspension of performance; 5.2.5 Other rights and obligations; 5.3 Summary; Chapter 6 The Employer's Powers, Duties and Rights; 6.1 Express and implied powers and duties; 6.1.1 Co-operation or non-interference; 6.2 Rights; 6.2.1 General; 6.2.2 Deferment of possession of the site; 6.2.3 Deduction/repayment of liquidated damages; 6.2.4 Employment of direct contractors; 6.2.5 Rights as to insurance; 6.3 Duties; 6.3.1 General; 6.3.2 Payment; 6.3.3 Retention; 6.3.4 Other duties; 6.4 Summary; Chapter 7 The Clerk of Works; 7.1 Appointment; 7.2 Duties; 7.3 Responsibility; 7.4 Summary; Chapter 8 Subcontractors and Suppliers; 8.1 General; 8.2 Subcontractors; 8.2.1 Assignment and subcontracting; 8.2.2 Named persons as subcontractors; 8.3 Statutory authorities; 8.4 Work not forming part of the contract; 8.5 Third part rights and collateral warranties; 8.6 Summary; Chapter 9 Possession, Practical Completion and Defects Liability; 9.1 Possession; 9.1.1 General; 9.1.2 Date for possession; 9.2 Practical completion; 9.2.1 Definition; 9.2.2 Consequences ; 9.2.3 Partial possession and sectional completion; 9.3 Rectification period; 9.3.1 Definition; 9.3.2 Defects, shrinkages or other faults; 9.3.3 Frost; 9.3.4 Procedure; 9.4 Summary; Chapter 10 Claims; 10.1 General; 10.2 Extension of time; 10.2.1 Legal principles; 10.2.2 Liquidated damages; 10.2.3 Procedure; 10.2.4 Grounds; 10.3 Loss and expense claims; 10.3.1 Definition; 10.3.2 Procedure; 10.3.3 Matters grounding a claim; 10.4 Summary; Chapter 11 Payment; 11.1 The contract sum; 11.2 Payment before practical completion; 11.2.1 Method and timing; 11.2.2 Valuation; 11.2.3 Amounts included; 11.3 Payment at practical completion; 11.4 Retention; 11.5 Final payment; 11.6 The effect of certificates; 11.7 Withholding payment; 11.8 Variations; 11.9 Valuation of contractor’s designed portion; 11.10 Fluctuations; 11.11 Summary ; Chapter 12 Termination; 12.1 Termination by the employer; 12.1.1 General; 12.1.2 Grounds (clause 8.4.1): contractor's defaults; 12.1.3 Grounds (clause 8.5): insolvency of contractor; 12.1.4 Grounds (clause 8.6): corruption; 12.1.5 Grounds (clause 8.11): neutral causes; 12.1.6 Grounds (paragraph C.4.4 of schedule 1 and clause insurance risks and terrorism cover;12.1.7 Consequences (clauses 8.5.3, 8.7 and 8.8); 12.1.8 Consequences (clauses 8.11 and paragraph C.4.4 of schedule 1); 12.2 Termination by the contractor; 12.2.1 General; 12.2.2 Grounds (clause 8.9): employer's faults; 12.2.3 Grounds (clause 8.10): insolvency; 12.2.4 Grounds (clause 8.11): neutral causes; 12.2.5 Grounds (paragraph C.4.4 of schedule 1 and clause insurance risks and terrorism cover; 12.2.6 Consequences (clause 8.12); 12.2.7 Consequences (paragraph C.4.4 of schedule 1 and clause; 12.3 Summary; Chapter 13 Contractor’s designed portion (CDP); 13.1 General; 13.2 Documents; 13.3 The contractor’s obligations; 13.4 Liability; 13.5 Variations; 13.6 Insurance; 13.7 Summary; Chapter 14 Dispute Resolution Procedures; 14.1 General; 14.2 Adjudication; 14.2.1 The contract provisions; 14.2.2 The Scheme: notice of adjudication; 14.2.3 The Scheme: appointment of the adjudicator; 14.2.4 The Scheme: procedure; 14.2.5 The Scheme: adjudicator’s powers and duties; 14.2.6 The Scheme: the adjudicator’s decision; 14.2.7 The Scheme: costs; 14.3 Arbitration; 14.3.1 General ; 14.3.2 Procedure; 14.3.3 The appointment of an arbitrator; 14.3.4 Counterclaims; 14.3.5 Powers of the arbitrator; 14.3.6 Third party procedure; 14.4 Legal proceedings; 14.5 Summary;.

Appendix A Intermediate Named Sub-Contractor Tender and Agreement (ICSub/NAM/IT), (ICSub/NAM/T), (ICSub/NAM/A); Appendix B Intermediate Named Sub-Contract Conditions (ICSub/NAM/C);Appendix C Intermediate Named Sub-Contractor/Employer Agreement; (ICSub/NAM/E); Table of Cases; Clause Number Index to Text; Subject Index.

"The third edition of this well-established text continues to provide sound guidance in respect of the revised IC and also introduces a new version of the form, the Intermediate Form with Contractor's Design (ICD).
All the clauses relating to a particular subject are dealt with comprehensively in a clear and logical manner together with the relevant case law. The book has a number of useful features which will be appreciated by busy practitioners; these include a bullet pointed summary at the end of each chapter, flowcharts and over 60 sample letters providing good practice models for both contractors and contract administrators to follow.
It does represent good value for practitioners, especially when one considers how expensive ignorance can be when contractual matters are wrongly handled."
Building Engineer, November 2006
* Covers the new version of the JCT Intermediate Form 2005, the first major revision since 1984

* Discusses the brand new JCT Intermediate Contract with contractor's design and the revised subcontracts.

* Takes account of new case law decided over the last seven years

* Features sample letters, flowcharts and tables as a practical aid to implementing the contract

* ‘will instantly appeal to contract administrators and others’ – Construction Law