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The JCT Minor Works Building Contracts 2005, 4th Edition

The JCT Minor Works Building Contracts 2005, 4th Edition

David Chappell

ISBN: 978-0-470-75973-8

Apr 2008, Wiley-Blackwell

264 pages



The Minor Works Building Contract is the most widely used of the JCT forms of contact, not only for simple, short contracts of moderate price, for which it is intended, but also for much larger projects for which it is often not suited at all. As a result, contractual difficulties can arise, and despite the form's simplicity an understanding of the legal background to the form is essential.

This book explains the practical applications of the form from the point of view of the employer, architect and contractor. It provides a straightforward explanation of the legal aspects of the form supported by flow charts, tables and sample letters.

The Fourth Edition has been revised to cover the 2005 edition of the form, which has given the contract a completely new look. The book now covers the new JCT Minor Works Building Contract with contractor's design (MWD).

Preface to the Fourth Edition.

Chapter 1 The Purpose and Use of MW and MWD .

1.1 The background.

1.2 The use of MW and MWD.

1.3 Arrangement and contents of MW and MWD.

1.4 Contractual formalities.

1.5 Problems with the contract documents.

1.6 Notices, time and the law.

Chapter 2 Contract Comparisons .

2.1 Introduction.

2.2 JCT 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 Custody and copies.

3.1.4 Limits to use.

3.2 Insurance.

3.2.1 Injury to or death of persons.

3.2.2 Damage to property.

3.2.3 Insurance of the Works against fire etc.

3.2.4 A new building where the contractor is.

required to insure.

3.2.5 Alterations or extensions to existing structures.

3.3 Summary.

Chapter 4 Architect .

4.1 Authority and duties.

4.2 Express provisions of the contract.

4.3 Architect’s instructions.

4.4 Summary.

Chapter 5 Contractor .

5.1 Contractor’s obligations: express and implied.

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 Contractor’s representative.

5.2 Other obligations.

5.2.1 Access to the works and premises.

5.2.2 Compliance with architect’s instructions.

5.2.3 Suspension of obligations.

5.2.4 Other rights and obligations.

5.3 Summary.

Chapter 6 Employer .

6.1 Powers and duties: express and implied.

6.2 Rights under MW and MWD.

6.2.1 General.

6.2.2 Damages for non-completion.

6.2.3 Other rights.

6.3 Duties under MW and MWD.

6.3.1 General.

6.3.2 Payment.

6.3.3 Retention.

6.3.4 Other duties.

6.4 Summary.

Chapter 7 Quantity Surveyor and Clerk of Works .

7.1 Quantity surveyor.

7.1.1 Appointment.

7.1.2 Duties.

7.1.3 Responsibilities.

7.2 Clerk of works.

7.2.1 Appointment.

7.2.2 Duties.

7.2.3 Responsibilities.

7.3 Summary.

Chapter 8 Subcontractors and Suppliers .

8.1 General.

8.2 Subcontractors.

8.2.1 Assignment.

8.2.2 Subcontracting.

8.2.3 Nominated subcontractors.

8.3 Statutory authorities.

8.4 Works not forming part of the contract.

8.5 Summary.

Chapter 9 Possession, Completion and Defects Liability .

9.1 Possession.

9.1.1 Introduction.

9.1.2 Date for possession.

9.2 Practical completion.

9.2.1 Definition.

9.2.2 Consequences of practical completion.

9.3 Rectification period.

9.3.1 Definition.

9.3.2 Defects, shrinkages and 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 Extending the contract period.

10.3 Money claims.

10.3.1 General.

10.3.2 Types of claims.

10.4 Summary.

Chapter 11 Payment .

11.1 Contract sum.

11.2 Payment before practical completion.

11.3 Penultimate certificate.

11.4 Final certificate.

11.5 Effect of certificate.

11.6 Interest and withholding payment.

11.7 Retention.

11.8 Variations.

11.9 Order of work.

11.10 Provisional sums.

11.11 Fluctuations.

11.12 Summary.

Chapter 12 Termination .

12.1 General.

12.2 Termination by the employer.

12.2.1 Grounds and procedure.

12.2.2 Consequences of employer termination.

12.3 Termination by the contractor.

12.3.1 General.

12.3.2 Grounds and procedure.

12.3.3 Consequences of contractor termination.

12.4 Termination by either employer or contractor.

12.5 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 Integration of the CDP.

13.6 Contractor’s information.

13.7 Variations.

13.8 Other matters.

13.9 Summary.

Chapter 14 Dispute Resolution Procedures .

14.1 General.

14.2 Adjudication.

14.2.1 The contract provisions.

14.2.2 The Scheme: starting the adjudication process.

14.2.3 The Scheme: appointment of the adjudicator.

14.2.4 The Scheme: the adjudication process.

14.2.5 The Scheme: important powers and duties of.

the adjudicator.

14.2.6 The Scheme: the decision.

14.2.7 The Scheme: award of costs.

14.3 Arbitration.

14.3.1 General.

14.3.2 The appointment of an arbitrator.

14.3.3 Powers of the arbitrator.

14.3.4 CIMAR procedure.

14.4 Legal proceedings.

14.5 Summary.

Table of Cases .

Clause Number Index to Text .

Subject Index

'The first [edition] was an instant hit for me and edition four is just as good.' Tony Bingham, Building

'Makes interesting reading of a subject not many of us would expect to enjoy...A useful reference book for any architect, employer or contractor involved in minor or small works and one that is likely to be used time and time again'. The Expert and Dispute Resolver Summer 2007.

* Revised to take account of the new 2005 edition of the contract.

* Revisions have introduced a completely new look to the contract.

* Features new contract dealing with contractor's design.

* The Minor Works contract is the bestselling of the JCT forms.