The JCT 05 Standard Building Sub–Contract

Whilst there are a number of books on the main forms of building contract, very few deal with subcontracting. This book examines the new JCT Standard Building Sub–contracts for use with the radically revised 2005 JCT Standard Building Contract.
It looks at the key contract conditions, considers the rights and obligations of the parties and how risk is allocated, and discusses the main practical problems that arise.

Spis treści:
Chapter 1 – The purpose and use of the JCT Standard Building Sub–Contract (2005 Edition)..
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• Background and Introduction.
• Sub–Contracting generally.
• Formation of Contract / Letters of Intent.
• Standard Forms of Contract and Sub–Contract..
Chapter 2 – The JCT Standard Building Sub–Contract Agreement (SBCSub/A or SBCSub/D/A)..
• Introduction.
• The structure of the SBCSub/A and SBCSub/D/A.
• The Recitals.
• The Articles.
• The Sub–Contract Particulars.
• Summary of Interim and Final Payment provisions.
• Schedule of Information.
• Supplemental Particulars..
Chapter 3 – The JCT Standard Building Sub–Contract Conditions (SBCSub/C or SBCSub/D/C): Section 1..
[including clauses 1.1 to 1.10 of SBCSub/C and SBCSub/D/C inclusive]..
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• General.
• Definitions.
• Interpretation.
• Reference to clauses etc.
• Sub–Contract to be read as a whole.
• Headings, reference to persons, legislation etc.
• Reckoning periods of days.
• Contracts (Right of Third Parties) Act, 1999.
• Giving or service of notices and other documents.
• Electronic communications.
• Effect of Final Payment Notice.
• Applicable law..
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Chapter 4 – SBCSub/C or SBCSub/D/C: Section 2 – Carrying out the Sub–Contra ct works [Clauses 2.1, 2.2, 2.4 to 2.15 inclusive] [and Schedule 5 Contractor’s Design Submission Procedure]..
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• Sub–Contractor’s obligations.
• General obligations.
• Sub–Contractor’s Designed Portion.
• Materials, goods and workmanship.
• Compliance with the Main Contract and Indemnity.
• Supply of Documents, Setting Out etc.
• Sub–Contractor’s Designed Portion information.
• Further drawings, details and directions.
• Errors, Discrepancies and Divergences.
• Preparation of Bills of Quantities and Contractor’s Requirements.
• Bills of Quantities and SCDP Documents – errors and inadequacy.
• Notification of discrepancies etc.
• Discrepancies in SCDP Documents.
• Divergencies from Statutory Requirements.
• Sub–Contractor’s Design Portion Design Work.
• Design liability and limitation.
• Design Development.
• Errors and failures – other consequences.
• Unfixed Materials and Goods..
Chapter 5 – SBCSub/C or SBCSub/D/C: Section 2 – Carrying out the Sub–Contract works [Clauses 2.3, 2.16 to 2.21 inclusive]..
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• Sub–Contractor’s obligations.
• Time of commencement and completion.
• Adjustment of Period for Completion.
• Generally – The purpose of clauses allowing for the adjustment of the period for completion.
• Notice by Sub–Contractor of delay to progress.
• Fixing Period for Completion.
• Relevant Sub–Contract Events.
• Delay analysis.
• Practical Completion and Lateness.
– What is practical completion?.
– Date of practical completion.
• Failure of the Sub–Contractor to complete on time..
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Chapter 6 – SBCSub/C or SBCSub/D/C: S ection 2 – Carrying out the Sub–Contract works [Clauses 2.22 to 2.26 inclusive]..
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• Defects.
• Sub–Contractor’s liability.
• Sub–Contractor’s Design Documents.
• As–built Drawings.
• Copyright and use.
• Collateral Warranties..
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Chapter 7 – SBCSub/C or SBCSub/D/C: Section 3 – Control of the Sub–Contract works [and Schedule 1 Sub–Contract Code of Practice]..
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• Assignment and Sub–letting.
• Non–Assignment.
• Consent to sub–letting.
• Conditions of sub–letting.
• Contractor’s Directions.
• Person–in–charge.
• Access for Contractor and Architect / Contract Administrator.
• Opening Up and Remedial Measures.
• Directions to open up and test.
• Work not in accordance with the Sub–Contract.
• Instructions and deductions under the Main Contract.
• Workmanship not in accordance with the Sub–Contract.
• Effect of non–compliant work by others.
• Indemnity by Sub–Contractor.
• Schedule 1 Sub–Contract Code of Practice.
• Attendance and Site Conduct.
• Attendance and temporary buildings.
• Site clearance.
• Health and Safety and CDM Requirements.
• Health and Safety.
• The CDM Regulations.
• Suspension of Main Contract by Contractor.
• Notification by Contractor.
• Directions following suspension.
• Other Provisions.
• Strikes.
• Benefits under the Main Contract.
• Certificates under the Main Contract..
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Chapter 8 – SBCSub/C or SBCSub/D/C: Section 4 – Payment. [Clauses 4.1 to 4.18 inclusive]. [and Schedule 3 Forms of Bonds; and Schedule 4 Fluctuations Options1..
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• Payment – Gener ally.
• Sub–Contract Sum and Sub–Contract Tender Sum.
• Taking adjustments into account.
• Adjustment Basis.
• Final Sub–Contract Sum – Adjustment Basis.
• Remeasurement Basis.
• Final Sub–Contract Sum – Remeasurement Basis.
• Calculation of Final Sub–Contract Sum.
• Payments.
• VAT.
• Construction Industry Scheme (CIS).
• Issue of interim payments.
• Interim payments – amount due.
• Gross Valuation.
• Ascertainment.
• Retention.
• Rules governing Retentions.
• Retention Bond.
• Discount.
• The Final Payment.
• Counterclaim, set–off and abatement.
• The Payment Notice.
• The Withholding Notice.
• Timing of Payments, Payment Notices and Withholding Notices.
• Interest.
• Sub–Contractor’s right of suspension.
• Fluctuation Options..
Chapter 9 – SBCSub/C or SBCSub/D/C: Section 4 – Payment. [Clauses 4.19 to 4.22 inclusive]. .
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• Loss and Expense.
• Matters affecting regular progress.
• Relevant Sub–Contract Matters.
• Contractor’s reimbursement.
• Burden of proof.
• Standard of proof.
• Global claims.
• Potential heads of claim for a Loss and Expense claim.
• Site overheads.
• Inefficient or increased use of Labour and Plant.
• Winter working.
• Head Office Overheads and Profit.
• Increased costs.
• Cost of claim.
• Interest and Finance charges.
• Acceleration.
• Common Law Damages claims..
Chapter 10 – SBCSub/C or SBCSub/D/C: Section 5 – Valuation of Work and Variations [and Schedule 2 Schedule 2 Quotation.]. .
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• Definition of Variations.
• Variations R