Guide to the JCT Design and Build Contract - 2024 Edition

This book provides a comprehensive guide to the 2024 edition of the JCT Design and Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties, and to administrate the Contract in an accurate and timely manner. Part 1 provides commentary on all the key provisions of the Contract, in plain English. It adopts the same structure as the Contract and includes the relevant extracts to reduce the need for cross-referencing. There is also guidance on current market practice, and recommendations for best practice. Part 2 contains over 300 corresponding resources for the administration of the Contract, by both the Contractor and the Employer. It includes notice and other correspondence templates, checklists, and trackers to assist record keeping. Written to meet the needs of busy construction practitioners, this is an accessible, practical reference for those acting on behalf of the Contractor and the Employer (and Employer’s Agent), including project teams, consultants, and advisors. It is also ideally suited for students of construction law.

Table of Contents:
Table of Contents Introduction Key Changes from the 2016 Edition of the JCT Design & Build Contract The parties Overview of the Contract Documents How to use this book Part 1: Commentary The Agreement The Recitals The Articles The Contract Particulars Attestation The Conditions Section 1: Definitions and Interpretation Definitions Interpretation Section 2: Carrying out the Works Contractor’s Obligations Possession Supply of Documents, Setting Out etc. Discrepancies and Divergences Design Work – liabilities and limitation Fees, Royalties and Patent Rights Unfixed Materials and Goods – property, risk etc. Adjustment of Completion Date Practical Completion, Lateness and Liquidated Damages Partial Possession by Employer Defects Contractor’s Design Documents Section 3: Control of the Works Access and Representatives Sub-Contracting Employer’s Instructions CDM Regulations Section 4: Payment Contract Sum and Adjustments Taxes Payments and Notices – general provisions Interim Payments – calculation of sums due Listed Items Retention Loss and Expense Final Statement and Final Payment Section 5: Changes General The Valuation Rules Section 6: Injury, Damage and Insurance Personal Injury and Property Damage Insurance against Personal Injury and Property Damage Insurance of the Works and Existing Structures Professional Indemnity Insurance Joint Fire Code - compliance Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties Assignment Performance Bonds and Guarantees Clauses 7A to 7E – Preliminary Third Party Rights from Contractor Collateral Warranties from Contractor Third Party Rights and Collateral Warranties from Sub-Contractors Section 8: Termination General Termination by Employer Termination by Contractor Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations Consequences of Termination under clauses 8.9 to 8.11, etc. Section 9: Settlement of Disputes Mediation Adjudication Arbitration The Schedules Schedule 1: Design Submission Procedure Schedule 2: Supplemental Provisions Schedule 3: Insurance Options Schedule 4: Code of Practice Schedule 5: Third Party Rights Schedule 6: Forms of Bonds Schedule 7: JCT Fluctuations Option A The Employer’s Requirements The Contractor’s Proposals The Contract Sum Analysis Other frequent contract documents: Performance bonds Parent company guarantees Collateral warranties Novation agreements Vesting certificates Third party agreements Part 2: Resources for Contract Administration Contractor Resources Employer Resources Further reading Glossary Subject index Clause index

About the Author :
Seán Mac Labhraí is a solicitor and the Chief Operating Officer at the Ardmore Group. He is a Fellow of the Chartered Institute of Arbitrators and a CEDR Accredited Mediator.