The JCT Intermediate Building Contracts 2005

Chappell: The JCT Intermediate Building Contracts 2005 - Front Jacket Flap This book provides a practical tool for all those using the suite of JCT Intermediate Building Contracts. It deals with the form under topics, considering the roles of the various parties and important matters such as payments, claims, termination and dispute resolution. Legal language has been avoided in favour of simple explanations of legal concepts, supported by flowcharts, tables and sample letters. The Third Edition has been substantially revised to take account of the 2005 versions of the main contract and subcontracts - the first major update since 1984 - and includes discussion of the completely new form which makes provision for contractor's design. The structure of the main contract has changed dramatically, clauses have been rearranged, renumbered and reworded, sectional completion has been incorporated and some terminology has been changed. Almost 50 new cases have been included as well as relevant recent legislation. David Chappell's books have always been known for their readable style and practical approach to contract problems. This book is no exception. From review of previous edition 'will instantly appeal to contract administrators and others' - Construction Law Chappell: The JCT Intermediate Building Contracts 2005 - Back Jacket Flap The Author David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last fifteen years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction Industry. He is one of the RIBA Specialist Advisors and lectures widely. Chappell: The JCT Intermediate Building Contracts 2005 - Back Outside Jacket Text Also of interest The JCT Minor Works Building Contracts 2005 David Chappell Fourth Edition 1 4051 5271 0 978 14051 5271 6 Contractual Correspondence for Architects and Project Managers David Chappell Fourth Edition 1 4051 3514 X 978 14051 3514 6 Evaluating Contract Claims R. Peter Davision 1 4051 0636 0 978 14051 0636 8 Causation and Delay in Construction Disputes Nicholas J. Carnell Second Edition 1 4051 1816 4 978 14051 1816 3 Building Contract Casebook Michael Furmston Fourth Edition 1 4051 1881 4 978 14051 1881 1 Building Contract Claims David Chappell Fourth Edition 1 4051 1763 X 978 14051 1763 0 In preparation The NEC and JCT Contracts Compared Deborah Brown 1 4051 1823 7 978 14051 1823 1 JCT 05 Standard Building Sub-contracts Peter Barnes 1 4051 4048 8 978 14051 4048 5 Cover design by Workhaus www.blackwellpublishing.com

Table of Contents:
Preface to the third edition; Chapter 1 The Purpose and Use of IC and ICD; 1.1 The background; 1.2 IC documentation; 1.3 The use of IC; 1.4 Completing the form;Chapter 2 Contracts Compared; Chapter 3 Contract Documents and Insurance; 3.1 Contract documents; 3.1.1 Types and uses; 3.1.2 Importance and priority; 3.1.3 Errors; 3.1.4 Custody and copies; 3.1.5 Limits to use; 3.1.6 Notices ; 3.2 Insurance ; 3.2.1 Indemnity; 3.2.2 Injury to persons and property; 3.2.3 Things which are the liability of the employer; 3.2.4 Insurance of the Works: alternative clauses; 3.2.5 A new building where the contractor is required to insure; 3.2.6 A new building where the employer insures; 3.2.7 Alterations or extensions to an existing building; 3.2.8 Benefits for subcontractors; 3.2.9 Joint fire code; 3.2.10 Terrorism cover; 3.3 Summary ; Chapter 4 The Architect's Authority and Duties; 4.1 Authority; 4.1.1 General; 4.1.2 Express provisions; 4.1.3 The issue of instructions: general; 4.1.4 Instructions in detail; 4.2 Duties; 4.2.1 Duties under the contract; 4.2.2 General duties; 4.3 Summary ; Chapter 5 The Contractor's Obligations; 5.1 Express and implied obligations; 5.1.1 Legal principles; 5.1.2 Execution of the Works; 5.1.3 Workmanship and materials; 5.1.4 Statutory obligations; 5.1.5 Person-in-charge; 5.1.6 Levels and setting out; 5.2 Other obligations; 5.2.1 Access to the Works and premises; 5.2.2 Drawings, details and information; 5.2.3 Compliance with architect's instructions; 5.2.4 Suspension of performance; 5.2.5 Other rights and obligations; 5.3 Summary; Chapter 6 The Employer's Powers, Duties and Rights; 6.1 Express and implied powers and duties; 6.1.1 Co-operation or non-interference; 6.2 Rights; 6.2.1 General; 6.2.2 Deferment of possession of the site; 6.2.3 Deduction/repayment of liquidated damages; 6.2.4 Employment of direct contractors; 6.2.5 Rights as to insurance; 6.3 Duties; 6.3.1 General; 6.3.2 Payment; 6.3.3 Retention; 6.3.4 Other duties; 6.4 Summary; Chapter 7 The Clerk of Works; 7.1 Appointment; 7.2 Duties; 7.3 Responsibility; 7.4 Summary; Chapter 8 Subcontractors and Suppliers; 8.1 General; 8.2 Subcontractors; 8.2.1 Assignment and subcontracting; 8.2.2 Named persons as subcontractors; 8.3 Statutory authorities; 8.4 Work not forming part of the contract; 8.5 Third part rights and collateral warranties; 8.6 Summary; Chapter 9 Possession, Practical Completion and Defects Liability; 9.1 Possession; 9.1.1 General; 9.1.2 Date for possession; 9.2 Practical completion; 9.2.1 Definition; 9.2.2 Consequences ; 9.2.3 Partial possession and sectional completion; 9.3 Rectification period; 9.3.1 Definition; 9.3.2 Defects, shrinkages or other faults; 9.3.3 Frost; 9.3.4 Procedure; 9.4 Summary; Chapter 10 Claims; 10.1 General; 10.2 Extension of time; 10.2.1 Legal principles; 10.2.2 Liquidated damages; 10.2.3 Procedure; 10.2.4 Grounds; 10.3 Loss and expense claims; 10.3.1 Definition; 10.3.2 Procedure; 10.3.3 Matters grounding a claim; 10.4 Summary; Chapter 11 Payment; 11.1 The contract sum; 11.2 Payment before practical completion; 11.2.1 Method and timing; 11.2.2 Valuation; 11.2.3 Amounts included; 11.3 Payment at practical completion; 11.4 Retention; 11.5 Final payment; 11.6 The effect of certificates; 11.7 Withholding payment; 11.8 Variations; 11.9 Valuation of contractor’s designed portion; 11.10 Fluctuations; 11.11 Summary ; Chapter 12 Termination; 12.1 Termination by the employer; 12.1.1 General; 12.1.2 Grounds (clause 8.4.1): contractor's defaults; 12.1.3 Grounds (clause 8.5): insolvency of contractor; 12.1.4 Grounds (clause 8.6): corruption; 12.1.5 Grounds (clause 8.11): neutral causes; 12.1.6 Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover;12.1.7 Consequences (clauses 8.5.3, 8.7 and 8.8); 12.1.8 Consequences (clauses 8.11 and paragraph C.4.4 of schedule 1); 12.2 Termination by the contractor; 12.2.1 General; 12.2.2 Grounds (clause 8.9): employer's faults; 12.2.3 Grounds (clause 8.10): insolvency; 12.2.4 Grounds (clause 8.11): neutral causes; 12.2.5 Grounds (paragraph C.4.4 of schedule 1 and clause 6.10.2.2): insurance risks and terrorism cover; 12.2.6 Consequences (clause 8.12); 12.2.7 Consequences (paragraph C.4.4 of schedule 1 and clause 6.10.2.2); 12.3 Summary; Chapter 13 Contractor’s designed portion (CDP); 13.1 General; 13.2 Documents; 13.3 The contractor’s obligations; 13.4 Liability; 13.5 Variations; 13.6 Insurance; 13.7 Summary; Chapter 14 Dispute Resolution Procedures; 14.1 General; 14.2 Adjudication; 14.2.1 The contract provisions; 14.2.2 The Scheme: notice of adjudication; 14.2.3 The Scheme: appointment of the adjudicator; 14.2.4 The Scheme: procedure; 14.2.5 The Scheme: adjudicator’s powers and duties; 14.2.6 The Scheme: the adjudicator’s decision; 14.2.7 The Scheme: costs; 14.3 Arbitration; 14.3.1 General ; 14.3.2 Procedure; 14.3.3 The appointment of an arbitrator; 14.3.4 Counterclaims; 14.3.5 Powers of the arbitrator; 14.3.6 Third party procedure; 14.4 Legal proceedings; 14.5 Summary;. Appendix A Intermediate Named Sub-Contractor Tender and Agreement (ICSub/NAM/IT), (ICSub/NAM/T), (ICSub/NAM/A); Appendix B Intermediate Named Sub-Contract Conditions (ICSub/NAM/C);Appendix C Intermediate Named Sub-Contractor/Employer Agreement; (ICSub/NAM/E); Table of Cases; Clause Number Index to Text; Subject Index.