Subject Index by paragraph
access to site, 5.3–5.7, 6.4, 6.33
adjudication, 11.8–11.19, 11.29
advance payment bond, 2.4, 3.21, 8.5, 8.28
advance payments, 3.21, 8.5–8.6, 8.28
antiquities, 5.24
architect
authority, 1.25
as employer’s agent, 1.14, 1.24, 1.25, 2.13
liability, 1.16, 1.17, 1.18, 1.30
provision of information, 1.23
relations with contractor, 1.14–1.17, 1.25
relations with employer, 1.14–1.15, 1.19–1.21, 1.24–1.25
terms of engagement, 1.21–1.24
as-built information, 3.12, 5.43, 6.10
assignment of contractual rights, 3.47–3.49
bills of quantities, 3.8
advance payment, 2.4, 3.21, 8.5, 8.28
building information modelling (BIM), 3.17
Building Regulations, 4.20
CDM Regulations, 2.22, 3.18, 4.28–4.32, 10.12
affecting completion date, 5.16
affecting construction phase plan, 4.31
to comply with planning requirements, 3.9
contractor’s obligations, 4.3
to contractor’s proposals, 4.26, 6.19–6.20
discrepancy from requirements, 3.36–3.37
to employer’s requirements, 3.6, 3.33, 6.30–6.34
omission of work, 5.26–5.27, 5.28, 7.14
relevant events, 6.36
site boundary, 3.32
in statutory requirements, 4.26, 5.24
valuation, 3.15, 5.16, 7.6–7.16, 7.23 (see also contract sum analysis)
charges and fees, 4.22
‘chose in action’, 3.48
client see employer
collaborative working, 2.17, 4.2
collateral warranties, 3.51, 3.58–3.63, 6.47
communication methods, 3.25, 6.23–6.24
completion contracts, 10.20, 10.22
completion date, 5.1–5.2, 5.12–5.15
acceleration, 5.17
affect of delays, 5.32
affect of omission of work, 5.26–5.27, 5.28
changes affecting, 5.16
confidential information, 3.45
consequential losses, 4.8
Construction (Design and Management) (CDM) Regulations, 2.22, 3.18, 4.28–4.32, 10.12
Construction Industry Council (CIC), 1.23, 3.17
construction phase plan, 3.19, 4.31, 6.5
Construction Supply Chain Payment Charter 2014, 2.18
consumer contracts, 2.20
Consumer Rights Act 2015, 5.2
contract administration, 2.12, 6.1
copies of, 3.44
custody and control, 3.43–3.45
discrepancies and errors, 3.31–3.38
interpretations and definitions, 3.24–3.27
contract execution, 1.12, 3.2, 3.4
contract sum, 7.1
adjustments, 2.14, 6.41, 7.2–7.5, 8.25, 8.31, 8.40
fluctuations provision, 5.8, 5.51, 7.38–7.41, 8.10
two-stage tendering, 1.10, 1.12
contract sum analysis, 2.14, 3.15, 7.14–7.16
contractor
‘best endeavours’ to prevent delay, 5.31
compliance with employer’s instructions, 6.26–6.28
directly engaged by employer, 6.55–6.56
duty to proceed ‘regularly and diligently’, 5.8, 10.13–10.14
estimates for changes, 5.16, 7.7–7.11, 7.23
information to be provided by, 6.9–6.11
interim payment applications, 7.24, 8.7, 8.30
liability, 1.28–1.29, 1.31, 2.10, 3.56–3.57, 4.4–4.8
losses and/or expenses, 7.17–7.37, 8.24
relations with architect, 1.14–1.17, 1.25
right of suspension, 8.37
sequencing of work, 5.8
contractor’s design documents, 3.12
contractor’s obligations, 4.3
copies for employer, 3.44, 6.13
discrepancies, 3.35
submission procedure, 6.12–6.20
contractor’s programme, 3.12, 5.9–5.11, 5.30 (see also construction phase plan)
contractor’s proposals, 2.8–2.9, 3.13–3.14
custody and control of documents, 3.43–3.45
divergence from employer’s requirements, 3.39–3.41
divergence from statutory requirements, 3.42, 4.23–4.25
form of submission, 3.11, 3.13
Contracts (Rights of Third Parties) Act 1999, 3.26, 3.51, 3.52–3.54
cost-saving measures, 7.12
covenants, 3.10
custody of documents, 3.43
date for commencement, 5.1–5.7
date for completion see completion date
date of possession by the contractor, 5.1–5.7
Defective Premises Act 1972, 1.32, 4.7
acceptance of, 6.41, 6.60, 8.31
appearing after rectification period, 6.58–6.59, 6.62
exclusion from interim payments, 8.14–8.15, 8.34–8.35
defects liability period see rectification period
definitions in documentation, 3.24–3.25
delays (see also extensions of time; relevant events)
caused by employer, 5.13, 5.18–5.19, 5.24, 7.29
mixed responsibility, 5.34
permissions and approvals, 4.25, 5.24
possession by contractor, 5.5–5.7
design
contractor’s see contractor’s design documents
employer’s outline, 3.7, 3.33, 4.3
Design and Build Contract (DB16)
changes from previous edition, 2.22–2.23
comparison with SBC16, 2.21
when to use, 2.19
design defects, 1.29, 1.31, 4.4–4.5, 4.8
design liability, 1.26–1.32, 2.10
design submission procedure, 6.12–6.20
development permissions, 3.9, 4.20, 4.25, 5.24
discrepancies (documentation), 2.11, 3.31–3.38
dispute resolution, 11.1–11.36
disruption of work, 7.30, 7.36 (see also suspension of work)
drawings see contractor’s design documents
easements, 3.10
Emden formula, 7.35
employer
acceptance of contractor’s proposals, 4.4
delays caused by, 5.13, 5.18–5.19, 5.24, 7.29
information to be provided by, 6.7–6.8
insolvency, 10.29
non-payment by, 8.36–8.38, 10.27–10.28
outline design, 3.7, 3.33, 4.3
payment notices, 8.29
relations with architect, 1.14–1.15, 1.19–1.21, 1.24–1.25
response to design documents, 6.16–6.17
use of site during works, 5.4
access to site, 6.4
architect as, 1.14, 1.24, 1.25, 2.13
Employer’s Liability (Compulsory Insurance) Act 1969, 9.6
employer’s requirements, 2.8–2.9 (see also named sub-contractors)
architect’s role, 1.14
custody and control, 3.43–3.45
discrepancies, 2.11, 3.14, 3.31–3.38
divergence from statutory requirements, 4.23–4.25, 4.27
environmental performance measures, 7.13
estimates for changes see valuation of changes
following non-completion notice, 5.57
for neutral events, 5.19
resulting from changes, 5.16
fair payment provisions, 2.18
fees and charges, 4.22
final statement, 8.40–8.46, 10.24
‘fitness for purpose’, 1.29–1.30, 4.6–4.7, 4.9
‘fixed’ price, 7.38
fluctuations provision, 5.8, 5.51, 7.38–7.41, 8.10
framework agreements, 1.9, 2.3
Freedom of Information Act 2000, 2.18
‘guaranteed’ price, 7.38
guarantees, 3.46
handover meeting, 5.49
health and safety documents, 3.18–3.20
health and safety file, 3.20, 5.43, 6.9
health and safety legislation, 4.28–4.32
Housing Grants, Construction and Regeneration Act (HGCRA) 1996, 2.15, 2.18, 8.29
contractor’s right of suspension, 8.37
dispute resolution, 11.8, 11.16–11.17
payment provisions, 8.1
Hudson formula, 7.35
indemnity, employer’s, 9.2–9.3
industrial action, 5.24
insolvency
employer, 10.29
instructions, employer’s, 6.21–6.29
contractors engaged by employer, 6.56
insurance of the works, 9.14–9.24
partial possession, 5.37
interest on overdue payments, 8.36
interim payments, 8.3–8.4 (see also payments to the contractor)
ascertainment of amounts due, 8.8–8.15, 8.25–8.27
due date, 8.29
interpretation of contract, 3.24–3.27
Joint Contracts Tribunal (JCT)
collateral warranties, 2.4
Design and Build Guide, DB/G, 2.5
Design and Build Sub-Contract, 6.46
Pre-Construction Services Agreement (General Contractor) (PCSA), 1.11
Late Payment of Commercial Debts (Interest) Act 1998, 8.36
Late Payment of Commercial Debts Regulations 2013, 2.18
LDEDCA see Local Democracy, Economic Development and Construction Act (LDEDCA) 2009
liquidated damages, 5.12, 5.52–5.58
in case of partial possession, 5.37
deduction from payments, 5.50–5.51, 5.56
employer’s notice to claim, 5.54–5.55
repaid to contractor, 5.57–5.58
local authorities, 2.22
termination of contractor’s employment, 10.7, 10.32
work in pursuance of statutory duties, 5.24
Local Democracy, Economic Development and Construction Act (LDEDCA) 2009
dispute resolution, 11.8
payment provisions, 2.15, 8.1, 8.14, 8.24
losses and expenses
reimbursement, 7.17–7.37, 8.24
relevant matters, 7.18, 7.29–7.30
valuation, 7.23–7.28, 7.31–7.32
making good defects, 6.57–6.63
materials and goods
payments to the contractor, 2.4, 3.21, 8.16–8.21
price adjustment, 5.8, 5.51, 7.38–7.41, 8.10
removal of defective work, 6.39–6.40
samples, 6.11
shortages, 5.24
standards and quality, 1.28–1.29, 4.6–4.7, 4.11–4.16, 6.37
named sub-contractors, 6.49–6.54
contract documents, 3.23
contractor’s responsibility, 2.16
delays caused by, 5.24
itemised in contract sum analysis, 3.16
termination of employment, 10.34–10.36
neutral events, 5.19, 5.24, 10.6
non-completion notice, 5.50, 5.57
non-standard terms, 3.29
occupation by employer, 5.35–5.41
omission of work, 5.26–5.27, 5.28, 7.14
opening up completed work, 6.38, 6.42
operation and maintenance manual, 6.10
outline design, 3.7, 3.33, 4.3
partnering provisions, 1.9, 2.17
pay less notice, 5.55, 8.30, 8.31, 8.35
payment applications, 7.24, 8.7
payment notices, 8.29
payments to the contractor, 2.14, 8.1 (see also contract sum analysis)
ascertainment of amounts due, 8.8–8.15, 8.25–8.27
deductions from amounts due, 8.14, 8.30–8.32
employer’s obligation to pay, 8.33–8.35
fair payment provisions, 2.18
final date for, 2.18
following termination of employment, 10.23
non-payment by employer, 8.36–8.38, 10.27–10.28
partial possession, 5.37
practical completion, 8.39–8.40
retention sums, 5.37, 8.26–8.27
performance indicators, 2.17
performance requirements, 3.7 (see also standards and quality)
phased completion see sectional completion
planning permission, 3.9, 4.20, 4.26, 5.24
possession by employer, 5.35–5.41
possession of the site by contractor, 5.1–5.7
practical completion, 5.42–5.49
information required, 3.12, 3.20, 5.43
partial possession, 5.36
use or occupation before, 5.39–5.41
pre-construction information, 3.19
price adjustment see fluctuations provision
principal contractor, 3.18, 4.29–4.30, 6.5, 6.9
principal designer, 3.18, 4.28–4.29, 6.6
priority of contract documents, 3.28–3.30
‘privity of contract’, 3.51
professional indemnity insurance (PII), 3.56, 4.10, 9.27
programme, contractor’s, 3.12, 5.9–5.11, 5.30 (see also construction phase plan)
protocols, 3.17
provisional sums, 3.14, 4.22, 7.6
payment provisions, 2.18
termination of contractor’s employment, 10.7, 10.32
Public Contracts Regulations 2015, 2.18
quality and standards, 1.28–1.29, 4.6–4.7, 4.11–4.16, 6.37
‘reasonable skill and care’, 1.29
rectification period, 5.36, 5.45, 6.58, 6.62–6.63
after completion date, 5.27
change in site boundary, 3.32
notice by contractor, 5.22
relevant matters, 7.18, 7.24, 7.29–7.30
restrictions on documentation, 3.45
retention bond, 2.4, 3.21, 8.26
retention of title clause, 8.16–8.17
retention sums, 5.37, 8.26–8.27
RIBA
Contractor’s Design Services Schedule, 1.22
Standard Agreement 2010 (2012 revision): Architect, 1.22
Sale and Supply of Goods Act 1994, 1.27
Sale of Goods Act 1979, 1.27
samples, 6.11
sectional completion, 5.1, 5.20, 5.51 (see also partial possession)
sequencing of work, 5.8
single-stage tendering, 1.13
site access, 5.3–5.7, 6.4, 6.33
site constraints, 3.10
site investigation, 3.10
site manager, 6.3
site meeting minutes, 6.25
‘snagging’ lists, 5.48
special terms, 3.29
specialist contractors, 1.11
specifications, 3.7
stage payments, 8.3, 8.4, 8.9, 8.13, 8.15
standards and quality, 1.28–1.29, 4.6–4.7, 4.11–4.16, 6.37 (see also workmanship)
statutory requirements, 4.18–4.27
delays in obtaining permissions, 5.24
divergence from, 3.42, 4.23–4.25
statutory undertaker’s work, 5.24, 6.55
sub-contractors, 2.16 (see also named sub-contractors)
contractor’s responsibility for, 4.17
employer’s consent, 6.45
form of contract, 6.46
materials and goods, 8.18, 8.20
third party rights and/or warranties, 3.62–3.63, 6.47
supplemental provisions, 2.3, 2.17, 2.18, 3.3
contractor’s estimates, 7.7–7.11
contractor’s loss and/or expense, 7.23–7.28
contractor’s obligations, 4.2
named sub-contractors, 2.16
Supply of Goods and Services Act 1982, 1.28, 5.2
suspension of work (see also disruption of work)
contractor’s costs and expenses, 8.24
delays in statutory approvals, 4.25
due to changes in requirements, 6.34
employer’s failure to provide instructions, etc., 6.7
grounds for termination, 10.10, 10.26, 10.31
non-payment by employer, 8.37
termination of contractor’s employment, 10.4–10.25
initiated by contractor, 10.26–10.30
initiated by employer, 10.7–10.25
named sub-contractors, 10.34–10.36
terms of engagement, architect’s, 1.21–1.24
terrorism cover (insurance), 9.25–9.26
third parties
indemnity and insurance, 9.1–9.31
‘time is of the essence’, 5.14
two-stage tendering, 1.10–1.12
Unfair Contract Terms Act 1977, 1.27
Unfair Terms in Consumer Contracts Regulations 1999, 2.20
valuation of changes, 3.15, 5.16, 7.6–7.16, 7.23 (see also contract sum analysis)
valuation of design work, 3.16
valuation of loss and/or expense, 7.24–7.28, 7.31–7.32
value-improvement measures, 7.12
VAT, 7.4
warranties, 3.51, 3.58–3.63, 6.47
weather, adverse, 5.24
working hours, 6.33