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by Sarah Lupton
Guide to JCT Design and Build Contract 2016
Cover
Title
Copyright
Foreword
About the author
Contents
About this Guide
1 Introduction to design and build procurement
The architect's role
Novation
Consultant switch
Some general principles of design liability
2 About DB16
Key features
Deciding on DB16
Comparison with SBC16
Changes in the 2016 edition
3 Documents
Employer's requirements
Contractor's proposals
Contract sum analysis
BIM and other protocols
Health and safety documents
Bonds
Sub-contract documents
Domestic sub-contracts
Use of documents
Interpretation, definitions
Priority of contract documents
Discrepancies and errors
Employer's requirements and contractor's proposals
Divergences from statutory requirements
Custody and control of documents
Performance bonds and guarantees
Assignment and third party rights
Assignment
Third party rights/warranties
Procedure with respect to third party rights and warranties
4 Obligations of the contractor
The design obligation
Standards and quality
Obligations in respect of quality of sub-contracted work
Compliance with statute
Health and safety legislation
5 Possession and completion
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 and ascertained damages
6 Control of the works
Employer's agent
Site manager and contractor's persons
Principal contractor
Principal designer
Employer's obligations
Information to be provided by the contractor
Design submission procedure
Schedule 1 procedure
Employer's instructions
Changes
Goods, materials and workmanship
Defective work
Sub-contracted work
Named sub-contractors
Work not forming part of the contract/persons engaged by the employer
Making good defects
7 Sums properly due
Valuation of changes in the employer's requirements and provisional sum work
Supplemental Provision 2: contractor's estimates
Cost saving and value improvement
Valuation under the valuation rules
Measurable work - contract sum analysis
Daywork - fair valuation
Reimbursement of direct loss and/or expense
Alternative procedure using Supplemental Provision 2 estimate
Alternative procedure using Supplemental Provision 3 estimate
Matters for which loss and expense can be claimed
Fluctuations
8 Payment
Timing of payments
Ascertainment of amounts due
Value of work
Unfixed materials
‘Listed items'
Costs and expenses due to suspension
Other items in the gross valuation
Deductions from the gross valuation
Withheld percentage
Advance payments and bond
Payment procedure
Deductions
Employer's obligation to pay
Contractor's position if the amount applied for is not paid
Interim payment after practical completion
Final payment
Conclusive effect of final statement
9 Indemnity and insurance
Injury to persons and damage to property caused by the negligence of the contractor
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
Joint Fire Code
Other insurance
10 Default and termination
Repudiation or termination
Termination by the employer
Insolvency of the contractor
Consequences of termination by the employer
Termination by the contractor
Consequences of termination by the contractor
Termination by either the employer or the contractor
Termination of named sub-contractor's employment
11 Dispute resolution
Notification and negotiation
Mediation
Adjudication
Arbitration
Arbitration and adjudication
Arbitration or litigation
References
Publications
Cases
Legislation
Clause Index
Subject Index
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Prev
Previous Chapter
About the author
Next
Next Chapter
About this Guide
Contents
Foreword
About the author
Contents
About this Guide
1 Introduction to design and build procurement
The architect's role
Novation
Consultant switch
Some general principles of design liability
2 About DB16
Key features
Deciding on DB16
Comparison with SBC16
Changes in the 2016 edition
3 Documents
Employer's requirements
Contractor's proposals
Contract sum analysis
BIM and other protocols
Health and safety documents
Bonds
Sub-contract documents
Domestic sub-contracts
Use of documents
Interpretation, definitions
Priority of contract documents
Discrepancies and errors
Employer's requirements and contractor's proposals
Divergences from statutory requirements
Custody and control of documents
Performance bonds and guarantees
Assignment and third party rights
Assignment
Third party rights/warranties
Procedure with respect to third party rights and warranties
4 Obligations of the contractor
The design obligation
Standards and quality
Obligations in respect of quality of sub-contracted work
Compliance with statute
Health and safety legislation
5 Possession and completion
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 and ascertained damages
6 Control of the works
Employer's agent
Site manager and contractor's persons
Principal contractor
Principal designer
Employer's obligations
Information to be provided by the contractor
Design submission procedure
Schedule 1 procedure
Employer's instructions
Changes
Goods, materials and workmanship
Defective work
Sub-contracted work
Named sub-contractors
Work not forming part of the contract/persons engaged by the employer
Making good defects
7 Sums properly due
Valuation of changes in the employer's requirements and provisional sum work
Supplemental Provision 2: contractor's estimates
Cost saving and value improvement
Valuation under the valuation rules
Measurable work - contract sum analysis
Daywork - fair valuation
Reimbursement of direct loss and/or expense
Alternative procedure using Supplemental Provision 2 estimate
Alternative procedure using Supplemental Provision 3 estimate
Matters for which loss and expense can be claimed
Fluctuations
8 Payment
Timing of payments
Ascertainment of amounts due
Value of work
Unfixed materials
‘Listed items'
Costs and expenses due to suspension
Other items in the gross valuation
Deductions from the gross valuation
Withheld percentage
Advance payments and bond
Payment procedure
Deductions
Employer's obligation to pay
Contractor's position if the amount applied for is not paid
Interim payment after practical completion
Final payment
Conclusive effect of final statement
9 Indemnity and insurance
Injury to persons and damage to property caused by the negligence of the contractor
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
Joint Fire Code
Other insurance
10 Default and termination
Repudiation or termination
Termination by the employer
Insolvency of the contractor
Consequences of termination by the employer
Termination by the contractor
Consequences of termination by the contractor
Termination by either the employer or the contractor
Termination of named sub-contractor's employment
11 Dispute resolution
Notification and negotiation
Mediation
Adjudication
Arbitration
Arbitration and adjudication
Arbitration or litigation
References
Publications
Cases
Legislation
Clause Index
Subject Index
Cover
Title
Copyright
Foreword
About the author
Contents
About this Guide
1 Introduction to design and build procurement
The architect's role
Novation
Consultant switch
Some general principles of design liability
2 About DB16
Key features
Deciding on DB16
Comparison with SBC16
Changes in the 2016 edition
3 Documents
Employer's requirements
Contractor's proposals
Contract sum analysis
BIM and other protocols
Health and safety documents
Bonds
Sub-contract documents
Domestic sub-contracts
Use of documents
Interpretation, definitions
Priority of contract documents
Discrepancies and errors
Employer's requirements and contractor's proposals
Divergences from statutory requirements
Custody and control of documents
Performance bonds and guarantees
Assignment and third party rights
Assignment
Third party rights/warranties
Procedure with respect to third party rights and warranties
4 Obligations of the contractor
The design obligation
Standards and quality
Obligations in respect of quality of sub-contracted work
Compliance with statute
Health and safety legislation
5 Possession and completion
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 and ascertained damages
6 Control of the works
Employer's agent
Site manager and contractor's persons
Principal contractor
Principal designer
Employer's obligations
Information to be provided by the contractor
Design submission procedure
Schedule 1 procedure
Employer's instructions
Changes
Goods, materials and workmanship
Defective work
Sub-contracted work
Named sub-contractors
Work not forming part of the contract/persons engaged by the employer
Making good defects
7 Sums properly due
Valuation of changes in the employer's requirements and provisional sum work
Supplemental Provision 2: contractor's estimates
Cost saving and value improvement
Valuation under the valuation rules
Measurable work - contract sum analysis
Daywork - fair valuation
Reimbursement of direct loss and/or expense
Alternative procedure using Supplemental Provision 2 estimate
Alternative procedure using Supplemental Provision 3 estimate
Matters for which loss and expense can be claimed
Fluctuations
8 Payment
Timing of payments
Ascertainment of amounts due
Value of work
Unfixed materials
‘Listed items'
Costs and expenses due to suspension
Other items in the gross valuation
Deductions from the gross valuation
Withheld percentage
Advance payments and bond
Payment procedure
Deductions
Employer's obligation to pay
Contractor's position if the amount applied for is not paid
Interim payment after practical completion
Final payment
Conclusive effect of final statement
9 Indemnity and insurance
Injury to persons and damage to property caused by the negligence of the contractor
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
Joint Fire Code
Other insurance
10 Default and termination
Repudiation or termination
Termination by the employer
Insolvency of the contractor
Consequences of termination by the employer
Termination by the contractor
Consequences of termination by the contractor
Termination by either the employer or the contractor
Termination of named sub-contractor's employment
11 Dispute resolution
Notification and negotiation
Mediation
Adjudication
Arbitration
Arbitration and adjudication
Arbitration or litigation
References
Publications
Cases
Legislation
Clause Index
Subject Index
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Guide
Cover
Title
Copyright
Foreword
About the author
Contents
About this Guide
Start of Content
References
Clause Index
Subject Index
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