Subject Index by paragraph
activity schedule 2.20–2.21, 7.17, Appendix A
adjudication 10.8–10.20, 10.29
advance payment 7.5–7.6, 7.29–7.30
advance payment bonds 1.16, 2.27, 7.5, 7.29
alternative dispute resolution (ADR) 10.5–10.7
approximate quantities 1.12, 2.5, 6.5–6.7
articles of agreement 2.6
as-built drawings 2.15
attestation 2.6
‘best endeavours’ 4.35
bills of quantities see contract bills
building information modelling (BIM) 1.17, 2.19, 5.24
CDP analysis 1.6, 2.18, 2.35–2.40
certificate of making good defects 4.41, 5.76
claims for losses and expenses 6.27–6.40, 7.22
collateral warranties 1.16, 2.48, 2.55, 2.57
communications formats 2.29, 5.34–5.35
completion 4.15–4.20 (see also date for completion)
confidentiality 2.43
Construction (Design and Management) (CDM) Regulations 2015 2.24, 3.32–3.35, 5.20
Construction Industry Model Arbitration Rules (CIMAR) 10.22
construction phase plan 2.25, 3.18, 3.29, 3.34
Construction Project Information Committee (CPIC) 2.8, 2.9
consultants’ information 5.19
Consumer Rights Act 2015 3.13, 4.2
contract administrator
approval of quality of work 3.23–3.24, 7.51
construction phase duties 5.1
contractor’s designed portion procedure 1.6, 5.27–5.29
defective work procedure 5.48–5.50, 5.52, 5.54
exclusion of persons from site 5.4
information release 2.22, 4.14, 5.10–5.19
inspection of work 5.2, 5.7, 5.47, 5.49, 7.17
instructions 3.5, 3.30, 5.11, 5.32–5.41, 5.75
interim certificates 7.10, 7.17–7.18
making good defects 5.73, 5.75–5.76
practical completion certificate 4.47–4.51
roles and responsibilities 1.7
testing of work 5.49
contract bills 2.8–2.10, 6.1, 6.21
valuation of variations 6.14
contract documents 1.11, 2.1–2.18
with approximate quantities 2.5
definition of terms 2.29
execution 2.2
included documents 2.3
interpretation 2.29
special terms 2.31
without quantities 1.11, 2.5, 2.10
amplification 5.16
discrepancies 2.34
contract particulars 2.6
contract sum (see also provisional sums)
adjustments 1.20, 6.2–6.3, 7.23
and contract bills 2.34
final certificate 7.45
priced activity schedule 2.20
provisional sums 2.17, 6.8–6.12
‘with approximate quantities’ 1.12, 2.5, 6.5–6.7
‘with quantities’ 1.11, 2.5, 6.6, 6.20
‘without quantities’ 1.11, 2.5, 2.10, 6.25
contractor 4.35
compliance with instructions 5.36–5.39
head office overheads and profit 6.39
information provided by 5.20–5.31
information required programme 5.17
liability
losses and expenses 6.27–6.40, 7.22
making good defects 5.74
master programme 1.9, 4.11–4.14
materials, goods and workmanship 3.18–3.24
non-contract appointments 5.71–5.72
obligations 1.5, 1.9, 3.1–3.36, 4.16
sequencing of work 4.10
statutory requirements 3.28–3.35
contractor’s design documents 2.15, 5.24–5.31
contractor’s design submission procedure 5.26–5.31
contractor’s designed portion 1.6, 3.6–3.17 (see also CDP analysis)
divergence from statutory requirements 2.41
documents to be included 2.15, 2.18
sub-contracted 3.27
submission of documents 5.22–5.31
contractor’s proposals 1.6, 2.16–2.17 (see also contractor’s designed portion)
required form of 2.14
Contracts (Rights of Third Parties) Act 1999 2.48
damage to property
damages see liquidated damages
date for completion 1.9, 4.1–4.3, 4.15, 4.18
adjustments 1.9, 1.10, 4.21–4.22, 4.64 (see also acceleration; extensions of time)
early completion 4.14
failure to complete by 4.57
date of possession 1.9, 4.1–4.3, 4.6
daywork 6.22
Defective Premises Act 1972 3.17
defective work 5.47–5.48 (see also making good defects)
deductions for 7.18, 7.34–7.35
options 5.50
schedule 5.75
delays (see also extensions of time)
apportionment 4.29, 4.32, 4.37–4.38
caused by contract administrator 2.37, 4.36, 5.19
caused by contractor 1.10
caused by employer 1.21, 4.7–4.8, 4.16, 4.23
failure to complete by completion date 4.57
notification of 1.10
overlapping causes 4.38
design documents see contractor’s design documents
design submission procedure 5.26–5.31
discrepancies in contract documents 2.32–2.40
adjudication 10.8–10.20, 10.29
alternative dispute resolution 10.5–10.7
commencement of proceedings 7.49
early completion 4.14
electronic communications 2.29
Emden formula 6.39
emergency action 3.31
employer
insolvency 9.29
representative 5.5
responsibilities 1.21
employer’s requirements 1.6, 1.20, 2.11–2.15
divergence from statutory requirements 2.41
modifications 5.46
errors in contract documents 1.11, 2.32–2.40
errors in pricing 1.11, 6.4, 6.7
extensions of time 4.19, 4.23–4.38
and information release schedule 5.15
neutral events 1.21
non-completion 4.63
pre-agreed adjustment 4.21
Fair Payment provisions 1.17
fees and charges 3.29
final certificate 7.41–7.45, 7.48–7.51
final payment notice 7.46
framework agreements 1.3, 1.15
Freedom of Information Act 2000 1.17
gender bias clause 2.29
‘handover’ meeting 4.56
health and safety 2.24–2.26, 5.8–5.9
health and safety file 2.26, 5.21
Housing Grants, Construction and Regeneration Act (HGCRA) 1996
payment provisions 1.13, 7.4, 7.37
Hudson formula 6.39
inaccuracies see errors
inconsistencies in contract documents 2.32–2.40
information release 1.20, 5.10–5.19
schedule 2.22–2.23, 4.14, 5.14–5.15
insolvency
employer 9.29
against defects occurring in the building 8.32
professional indemnity 2.53, 8.27
use or occupation before practical completion 4.44
interim certificates 7.4
due dates 7.7
errors in 7.39
retention 7.25
valuations 7.9–7.10, 7.17–7.18
interim payment notice 7.32
interim payments 7.4 (see also payments)
no certificate issued 7.32
practical completion 7.40
interpretation of documents 2.29
JCT Standard Building Sub-Contract 1.8, 5.56
JCT Standard Building Sub-Contract with Sub-Contractor’s Design 1.8
legislation see statutory requirements
liquidated damages 4.15, 4.23, 4.58–4.66
insurance 8.31
partial possession 4.42
pre-conditions 4.59
listed items 2.8, 2.27, 7.20–7.21
listed sub-contractors 1.8, 5.63–5.64
litigation 10.31
Local Democracy, Economic Development and Construction Act (LDEDCA) 2009 1.13, 7.4, 7.18
losses and expenses, contractor’s 6.27–6.40, 7.22
lump sum contracts 1.11
making good defects 4.41, 5.73–5.76
master programme 1.9, 4.11–4.14
materials and goods
advance payment 2.8
contractor’s obligations 3.18–3.24
listed items 2.8, 2.27, 7.20–7.21
price changes 6.43
removal from site 5.50–5.51, 5.61
standards 3.19, 3.21–3.24, 5.47–5.48
substitution 3.19
named specialists 1.24, 5.65–5.70, 9.34–9.35
named sub-contractors 1.8, 1.24, 5.63–5.70
negotiation 10.4
neutral events 1.21
New Rules of Measurement 2.8, 6.1, 6.8
non-completion certificate 4.57, 4.63
omissions from contract documents 2.32
opening up works 5.49
partial possession 4.39–4.43, 8.8
partnering agreements 1.3
patent right infringement 5.40
payments (see also interim payments)
and certificates 1.13, 7.1–7.2
interest rate 7.36
interim applications 7.9, 7.32
materials and goods 2.8
stage 7.16
performance bonds 2.27
performance specifications 2.13, 3.11
phased working 1.10, 4.1, 4.5, 4.18 (see also sectional completion)
possession of site 4.1–4.9, 6.27
practical completion 4.18, 4.47–4.56
interim payment 7.40
submission of documents 2.15, 2.43, 4.47–4.49
use or occupation before 4.44–4.46
practical completion certificate 4.47–4.51
pre-construction information 2.25
price changes 6.43
priced activity schedule see activity schedule
priced specification see specifications
principal contractor 1.4, 2.24, 3.32, 5.8–5.9, 5.21
principal designer 1.4, 2.24, 3.32, 5.9, 5.21
priority of contract documents 2.30–2.31
professional indemnity insurance 2.53, 8.27
provisional sums 2.17, 6.2, 6.8–6.12
Public Contracts Regulations 2015 1.17, 9.6, 9.7, 9.32
public sector procurement 1.17
quality 3.18–3.27 (see also defective work)
performance specifications 2.13, 3.11
quantity surveyor 1.4, 2.8, 2.33
claims 6.32
valuations 6.13, 6.19–6.26, 7.9–7.10
rectification period see making good defects
relevant events 3.32, 4.24–4.25, 4.27
relevant omissions 4.30
remeasurement contracts see approximate quantities
retention bonds 1.16, 2.27, 7.27–7.28
RICS New Rules of Measurement 2.8, 6.1, 6.8
risk allocation 1.20
Sale of Goods Act 1979 3.13, 5.59
schedules of work see works schedules
Scheme for Construction Contracts 10.8–10.12
section completion certificate 4.52
sectional completion 4.18, 4.20 (see also partial possession; phased working)
sequencing of work 4.10
setting out errors 5.13
site manager 5.3
specialist sub-contractors 1.8, 1.24, 5.65–5.70, 9.34–9.35
specifications 1.11, 2.9, 2.13, 3.11
stage payments 7.16
statutory requirements page 155
sub-contractors
contractor selected 1.8, 5.56–5.62
contractor’s responsibility for 3.25–3.27
sub-contracts
types 1.8
supplemental provisions 1.15
Supply of Goods and Services Act 1982 3.14, 4.2
and termination 9.10, 9.26, 9.27
tax changes 6.43
termination 9.1–9.45
by the employer 9.7–9.14, 9.31–9.33
third party claims 8.2–8.3, 8.4–8.9
‘time at large’ 4.23
‘time is of the essence’ 4.17
transparency 1.17
Unfair Contract Terms Act 1977 3.13
valuation rules 6.13, 6.17, 6.25
valuations
contractor’s 7.9
daywork 6.22
variation quotations 4.21, 6.13–6.18, 6.45
contract administrator’s responsibilities 5.42–5.45
contractor’s designed portion 5.46
extensions of time 4.30
omissions of work 4.30
retention of defective work 5.52
valuation 2.18, 6.13–6.26, 6.45
VAT 7.30
‘with approximate quantities’ 1.12, 2.5, 6.5–6.7
‘with quantities’ 1.11, 2.5, 6.1, 6.6, 6.20
‘without quantities’ 1.11, 2.5, 2.10, 6.1, 6.25