Contents

Foreword

About the author

About this Guide

1 About SBC16

Key features

Deciding on SBC16

Changes in the 2016 edition

2 The contract documents

‘Contract Documents’

Contract drawings

Contract bills

Employer’s requirements

Contractor’s proposals

CDP analysis

BIM and other protocols

Other documents

Activity schedule

Information release schedule

Health and safety documents

Bonds

Sub-contract documents

Use of documents

Interpretation, definitions

Priority of contract documents

Inconsistencies, errors or omissions

Errors in the contract bills

The contract bills and contract drawings

Employer’s requirements and contractor’s proposals

Divergences from statutory requirements

Custody and control of documents

Assignment and third party rights

Assignment

Third party rights/warranties

Procedure with respect to third party rights and warranties

3 Obligations of the contractor

The works

Contractor’s design obligation

Extent of design liability

Level of design liability

Materials, goods and workmanship

Obligations in respect of quality of sub-contracted work

Compliance with statute

Other obligations

4 Programme

Possession by the contractor

Progress

Completion

Pre-agreed adjustment

Extensions of time

Principle

Procedure

Assessment

Partial possession

Use or occupation before practical completion

Practical completion

Procedure at practical completion

Failure to complete by the completion date

Liquidated damages

5 Control of the works

Site manager and contractor’s persons

Employer’s representative

Clerk of works

Principal contractor

Information to be provided by the contract administrator

Information provided by the contractor

Contractor’s design submissions

Schedule 1 procedure

Contract administrator’s instructions

Variations

Variations to the contractor’s designed portion

Defective work

Testing work

Non-compliance with clause 2.1

Sub-contracted work

Domestic sub-contractors

Listed sub-contractors

Named specialists

Work not forming part of the contract/persons engaged by the employer

Making good defects

6 Sums properly due

An approximate quantity

Provisional sums

Defined work

Undefined work

Valuation of variations

Schedule 2 variation quotations

Valuation by the quantity surveyor

Reimbursement of direct loss and/or expense

Fluctuations

7 Payment

Advance payment

Interim certificates – timing

Procedure for ascertaining amounts due

Coverage of the certificate

Value of work properly executed

Unfixed materials

‘Listed Items’

Costs and expenses due to suspension

Sum due

Retention

Bond in lieu of retention

Advance payments and bonds

VAT

Payment procedure

Payment when no certificate is issued

Deductions

Contractor’s position if the certificate is not paid

Contractor’s position if it disagrees with amount certified

Interim payment on practical completion

Final certificate

Payment when no final certificate is issued

Conclusive effect of final certificate

8 Insurance

Injury to persons and damage to property

Damage to property not caused by the negligence of the contractor

Insurance of the works

Action following damage to the works

Terrorism cover

Professional indemnity insurance

The Joint Fire Code

Other insurance

The contract administrator’s role in insurance

9 Termination

Repudiation or termination

Termination by the employer

Insolvency of the contractor

Consequences of termination

Termination by the contractor

Consequences of termination by the contractor

Termination by either the employer or the contractor

Termination of a named specialist’s employment

10 Dispute resolution

Negotiation

Alternative dispute resolution

Adjudication

Arbitration

Arbitration and adjudication

Arbitration or litigation

Appendix A: Specimen activity schedule

References

Publications

Cases

Legislation

Clause Index

Subject Index

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