| Preface to Second Edition |
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xxi | |
| Preface to First Edition |
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xxiii | |
| Glossary of Latin terms |
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xxv | |
| Abbreviations |
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xxvii | |
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Style of JCT 05 Standard Building Contract, contract execution and related problems |
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1 | (71) |
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Standard form contracts generally |
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1 | (1) |
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The Joint Contracts Tribunal Limited |
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2 | (2) |
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JCT 05: Use, style and criticism |
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4 | (6) |
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4 | (2) |
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6 | (1) |
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7 | (2) |
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Scope of this book-JCT 05 Standard Building Contract, With Quantities |
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9 | (1) |
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Documents forming the Contract |
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10 | (11) |
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10 | (1) |
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10 | (1) |
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Articles of Agreement-Recitals, Articles, Contract Particulars, Attestation |
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10 | (5) |
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15 | (1) |
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15 | (2) |
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17 | (1) |
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17 | (2) |
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Documments related to Contractor's Designed Portion (where applicable) |
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19 | (1) |
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19 | (1) |
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20 | (1) |
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20 | (1) |
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Other documents: Standard Method of Measurement |
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20 | (1) |
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Other documents: Adjudication Agreements |
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21 | (1) |
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Other documents: Model Arbitration Rules |
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21 | (1) |
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Other documents: Sundry descriptive documents |
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21 | (1) |
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Preparing the Contract Documents |
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21 | (29) |
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21 | (1) |
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Agreement, Contract Particulars, Schedules |
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22 | (1) |
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22 | (1) |
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22 | (2) |
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24 | (1) |
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Contract Particulars-Part 1: General |
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25 | (9) |
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Contract Particulars-Part 2: Third Party Rights and Collateral Warranties |
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34 | (3) |
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37 | (2) |
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39 | (1) |
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Drawings and Bills of Quantities |
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39 | (1) |
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39 | (1) |
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39 | (1) |
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40 | (1) |
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Amending the Standard Contract Form |
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41 | (1) |
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41 | (1) |
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Amendment by introduction in the Bills and other documents |
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42 | (1) |
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Amendments to the printed standard form |
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43 | (1) |
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Amendments to the Conditions in breach of the `Construction Act'1996 |
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44 | (4) |
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Amendments and additions in breach of the Unfair Contract Terms Act 1977 |
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48 | (1) |
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Amendments to alter periods under the Limitation Act 1980 |
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49 | (1) |
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Custody of Contract Documents |
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50 | (1) |
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50 | (4) |
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Two versions of a drawing revision, the wrong version of which is signed |
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50 | (1) |
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Contract Drawings listed do not correspond with Drawings signed |
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50 | (1) |
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Failure to complete the Contract Documents |
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51 | (1) |
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Failure to complete the formalities |
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52 | (1) |
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53 | (1) |
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Forming a contract and the `Battle of Forms' |
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54 | (4) |
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Letters of intent and the right to payment |
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58 | (14) |
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Letters of intent: meaning and effect |
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58 | (1) |
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58 | (3) |
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Letters of intent and standard form contracts |
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61 | (3) |
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Letters of intent: right to payment |
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64 | (1) |
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Right to payment: introduction |
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64 | (1) |
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Quasi-contract and restitution |
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65 | (1) |
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66 | (6) |
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Participants in the project and their roles under the Contract |
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72 | (46) |
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72 | (5) |
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Express contractual duties |
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72 | (2) |
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Implied contractual duties |
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74 | (1) |
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Duty not to interfere with the discretion of the Architect or Quantity Surveyor |
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75 | (1) |
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75 | (1) |
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The Employer as client under the Site Waste Management Plans Regulations |
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76 | (1) |
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The Employer's Representative |
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77 | (1) |
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78 | (18) |
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Materials and workmanship |
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78 | (1) |
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78 | (2) |
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80 | (3) |
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Substitution of materials required under the Contract |
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83 | (1) |
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The Contractor's duty to give notices |
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83 | (2) |
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The Contractor's design responsibility |
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85 | (1) |
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The Contractor's CDP obligations |
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86 | (1) |
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The Contractor's duty to warn |
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86 | (2) |
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Duty to comply with Architect's Instructions (AIs) |
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88 | (1) |
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Duties relating to the Contractor's master programme |
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88 | (1) |
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The Society of Construction Law's Protocol |
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89 | (1) |
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The contractual status of the Contractor's programmes |
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90 | (2) |
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92 | (1) |
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Divergence in contractual requirements |
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93 | (1) |
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Unauthorized variations to comply with Statutory Requirements |
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94 | (1) |
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Duty to indemnify the Employer |
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94 | (1) |
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95 | (1) |
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Duties with respect to assignment and sub-contracting |
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95 | (1) |
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Obligations in respect of other contractors of the employer |
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95 | (1) |
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The principal contractor under the Site Waste Management Plan Regulations |
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96 | (1) |
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96 | (17) |
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Duty to provide drawings, instructions and other information |
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99 | (1) |
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Items in the Information Release Schedule |
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99 | (1) |
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Information not listed in the Information Release Schedule |
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99 | (2) |
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Information from other designers |
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101 | (1) |
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Claims for delayed drawings and other information |
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102 | (1) |
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102 | (1) |
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Evidence of Architect's satisfaction and appropriate materials and goods |
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102 | (1) |
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103 | (1) |
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Removal of non-conforming work and materials |
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103 | (1) |
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Acceptance of non-conforming work |
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104 | (1) |
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Variations and other instructions |
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105 | (1) |
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Defective work and Interim Certificates |
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106 | (1) |
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107 | (1) |
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Withholding the Practical Completion Certificate |
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107 | (1) |
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Construction Skills Certification Scheme |
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107 | (1) |
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The extent of the Architect's duty to supervise/inspect |
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107 | (2) |
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109 | (1) |
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Duty to report on failings of other members of the design team |
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110 | (1) |
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Standard of skill and care expected of the Architect |
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110 | (1) |
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Liability of the Architect to the employer |
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111 | (1) |
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Liability of the Architect to the Contractor and other third parties |
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112 | (1) |
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113 | (1) |
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113 | (1) |
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The Person-in-Charge (PIC) |
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114 | (1) |
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115 | (2) |
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Suppliers and sub-contractors |
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117 | (1) |
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117 | (1) |
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118 | (23) |
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120 | (2) |
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120 | (1) |
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Possession of site under the JCT 05 |
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121 | (1) |
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122 | (1) |
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Practical Completion Certificate |
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123 | (2) |
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Meaning of `practical completion' |
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123 | (1) |
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Effect of the Practical Completion Certificate |
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124 | (1) |
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Non-Completion Certificate |
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125 | (1) |
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126 | (3) |
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Liability for defects that appear during the Rectification Period |
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127 | (1) |
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Defects after the Rectification Period |
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127 | (1) |
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Consequential loss from defects |
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128 | (1) |
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Variations after practical completion? |
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129 | (1) |
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Certificate of Making Good |
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129 | (1) |
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Final adjustment of the Contract Sum |
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130 | (1) |
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130 | (4) |
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Conditions precedent to a valid Final Certificate |
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131 | (2) |
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Timetable for issue of the Final Certificate |
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133 | (1) |
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Payment on the Certificate |
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133 | (1) |
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Effect of Final Certificate |
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134 | (4) |
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134 | (1) |
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Adjustment of the Contract Sum and claims |
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135 | (1) |
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135 | (2) |
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Adjudication, arbitration or other proceedings |
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137 | (1) |
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138 | (1) |
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138 | (1) |
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Early use/occupation by the Employer |
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139 | (2) |
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141 | (19) |
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141 | (1) |
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Contractor's Designed Portion Works (CDP Works) |
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141 | (13) |
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141 | (1) |
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CDP Documents: Employer's Requirements |
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142 | (3) |
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CDP Documents: Contractor's Proposals |
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145 | (1) |
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146 | (1) |
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Employer's response to Contractor's Proposals |
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147 | (1) |
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Execution: Contractor's Design Submission Procedure (Schedule 1) |
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147 | (7) |
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Execution: Integration into Architect's design |
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154 | (1) |
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Execution: Divergence and discrepancies |
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154 | (1) |
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154 | (1) |
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Specification by performance |
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154 | (1) |
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Liability for design and installation |
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155 | (5) |
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Common law standard: fitness for purpose |
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156 | (1) |
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Reasonable skill and care |
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156 | (1) |
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JCT 05 - Express obligation |
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157 | (1) |
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JCT 05 - Liability for Employer's design, and obligation to check |
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158 | (2) |
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160 | (7) |
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Power to issue instructions, confirmations, etc. |
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160 | (2) |
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162 | (3) |
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Instructions to be in writing |
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162 | (1) |
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Instructions `other than in writing' |
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163 | (1) |
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Instructions given to the Contractor |
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163 | (2) |
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165 | (2) |
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Contractor's obligation to comply and entitlement to query |
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165 | (1) |
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Non-compliance by Contractor |
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166 | (1) |
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Variations and provisional sums |
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167 | (42) |
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Variations: the general position |
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167 | (1) |
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Variations `to' or `under' the contract? |
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168 | (1) |
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Variations under JCT 05: definition |
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169 | (2) |
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169 | (1) |
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170 | (1) |
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Architect's power to order Variations |
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171 | (1) |
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Contractor's right of objection |
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172 | (1) |
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Objection to bona fide Variations |
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172 | (1) |
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Objection to purported Variations |
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172 | (1) |
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Architect's power to sanction Variations |
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173 | (2) |
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Variations after practical completion |
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175 | (1) |
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After due date for practical completion |
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175 | (1) |
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After actual practical completion |
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175 | (1) |
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Oral Variation instructions |
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176 | (1) |
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Instructions with regard to provisional sums |
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177 | (1) |
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Variations instruction and Valuation |
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178 | (1) |
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178 | (1) |
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Directions as to choice of method |
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179 | (1) |
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Variation rules - Agreement by Employer and Contractor |
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179 | (1) |
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Variation rules - Valuation by the Quantity Surveyor |
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180 | (13) |
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Variations required or acceded to by the Architect including work covered by Approximate Quantities |
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180 | (1) |
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180 | (1) |
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Work or other matters which cannot be properly measured |
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181 | (1) |
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182 | (1) |
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182 | (4) |
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Work covered by Provisional Sums in the Contract Bills |
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186 | (1) |
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Variations in respect of Work Specified by Performance |
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187 | (1) |
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Variations in respect of Contractor's Designed Portion |
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188 | (1) |
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Variations in respect of contractor-designed work: a few typical problems |
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189 | (4) |
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Variations rules - Quotations |
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193 | (9) |
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Schedule 2 Quotation: overview |
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193 | (2) |
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Schedule 2 Quotation: the instruction |
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195 | (1) |
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Schedule 2 Quotation: the quotation |
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196 | (1) |
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Schedule 2 Quotation: acceptance |
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197 | (1) |
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Schedule 2 Quotation: not accepted |
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198 | (1) |
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Schedule 2 Quotation: further variation |
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199 | (1) |
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Schedule 2 Quotation: some typical problems |
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200 | (2) |
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Errors, discrepancy and divergence in and between documents |
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202 | (7) |
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202 | (1) |
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Status of Contract Bills and CDP documents |
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202 | (1) |
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Errors and inadequacy in the Contract Bills and CDP documents |
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203 | (2) |
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Notification and correction of discrepancies, etc. |
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205 | (2) |
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Divergencies, and compliance with Statutory Requirements |
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207 | (2) |
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Risks to health and safety: allocation and insurance |
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209 | (25) |
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General nature of the problem |
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209 | (2) |
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Allocation of risks under JCT 05 |
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211 | (8) |
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211 | (1) |
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Risk of personal injury/death |
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212 | (1) |
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213 | (5) |
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Personal injury and property damage from Excepted Risks |
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218 | (1) |
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Risk of damage or loss to Works and Site Materials |
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218 | (1) |
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JCT 05 insurance requirements |
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219 | (12) |
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Insurance against personal injury or death |
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220 | (1) |
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Insurance against damage to property |
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221 | (1) |
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Insurance against Employer's Clause 6.5.1 Risks |
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221 | (1) |
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Insurance of Works and Site Materials |
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222 | (1) |
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223 | (1) |
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Insurance under Insurance Option A (by Contractor) |
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223 | (2) |
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Insurance of Works under Insurance Option B (by Employer) |
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225 | (1) |
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Insurance of Works, Insurance Option C, Paragraph C.2 (by Employer) |
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225 | (1) |
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Insurance of existing structures under Insurance Option C Paragraph C.1 (by Employer) |
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226 | (1) |
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226 | (2) |
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Insurance and sub-contractors |
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228 | (2) |
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Insurance of off-site materials |
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230 | (1) |
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Contractor's Designed Portion Professional Indemnity Insurance |
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230 | (1) |
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230 | (1) |
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230 | (1) |
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231 | (1) |
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Enforcement of insurance requirements |
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231 | (1) |
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Effect of joint Fire Code |
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231 | (2) |
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Commercial insurance products |
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233 | (1) |
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Amendments to the insurance provisions |
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233 | (1) |
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233 | (1) |
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Novation, assignment and sub-contracting |
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234 | (12) |
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234 | (1) |
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234 | (5) |
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236 | (1) |
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Assignment after Practical Completion |
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237 | (2) |
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239 | (7) |
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Sub-contracting under JCT 05 |
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240 | (1) |
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Sub-contracting under JCT 05 |
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240 | (2) |
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242 | (1) |
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Effect of termination of the Contractor's employment |
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242 | (1) |
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242 | (1) |
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243 | (1) |
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Interest on overdue payment |
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243 | (1) |
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244 | (1) |
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244 | (1) |
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Incorporation of the terms into sub-contracts |
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244 | (2) |
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Third Party Rights and Collateral Warranties |
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246 | (18) |
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Introduction - the privity rule |
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246 | (2) |
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The Contracts (Rights of Third Parties) Act 1999 |
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248 | (2) |
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248 | (1) |
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248 | (1) |
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Enforcing a term of the contract |
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249 | (1) |
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Restriction on the parties |
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250 | (1) |
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JCT 05 - rights of third parties |
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250 | (8) |
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JCT 05 - Third Party Rights Generally |
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250 | (1) |
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251 | (1) |
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JCT 05 - Enforcing a term of the contract |
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251 | (2) |
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JCT 05 - Third Party Rights for Purchasers and Tenants (dealing with `P&T Rights' under Schedule 5: Part 1) |
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253 | (2) |
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JCT 05 - Third Party Rights for Funder (Schedule 5, Part 2: `Funder Rights') |
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255 | (3) |
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JCT 05 - Collateral Warranties |
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258 | (3) |
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JCT 05 - Collateral Warranties generally |
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258 | (1) |
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JCT 05 - Collateral Warranties from Contractor |
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259 | (1) |
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JCT 05 - Collateral Warranties from Sub-Contractors |
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260 | (1) |
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JCT 05 - Third Party Rights, or Collateral Warranties? |
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261 | (3) |
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Health and Safety obligations under the CDM Regulations |
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264 | (15) |
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Cooperation and coordination |
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265 | (1) |
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Competence of CDM dutyholders |
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265 | (1) |
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266 | (1) |
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266 | (2) |
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268 | (2) |
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268 | (1) |
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Duties during construction |
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269 | (1) |
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270 | (1) |
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270 | (3) |
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273 | (2) |
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Enforcement of Regulations |
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275 | (3) |
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Improvement/prohibition notices |
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275 | (1) |
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Prosecution for criminal offence |
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276 | (1) |
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Disqualification of Directors |
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277 | (1) |
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Prosecution for common law gross negligence manslaughter |
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277 | (1) |
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Prosecution for corporate manslaughter |
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277 | (1) |
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Civil liability for breaches of the Regulations |
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278 | (1) |
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278 | (1) |
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278 | (1) |
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Delays, extension of time and liquidated damages |
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279 | (47) |
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Concept and application of liquidated damages |
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279 | (8) |
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Concept of liquidated damages |
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280 | (3) |
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Concept and sectional completion obligation |
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283 | (1) |
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Application of liquidated damages |
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284 | (2) |
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Fixing liquidated damages in construction contracts |
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286 | (1) |
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Effect of delay: general principles |
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287 | (4) |
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Extension of time and liquidated damages under JCT 05: an outline |
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291 | (1) |
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292 | (9) |
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294 | (1) |
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Compliance with certain instructions of the Architect |
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294 | (1) |
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Deferment of possession of site |
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294 | (1) |
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Work with Approximate Quantity |
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295 | (1) |
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Suspension for non-payment |
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295 | (1) |
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Impediment/prevention/default by the Employer |
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296 | (2) |
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298 | (1) |
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Exceptionally adverse weather conditions |
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298 | (1) |
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Loss/damage from the Specified Perils |
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299 | (1) |
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Civil commotion/terrorism |
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300 | (1) |
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300 | (1) |
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301 | (1) |
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302 | (1) |
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301 | (1) |
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302 | (1) |
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Administrative procedures |
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302 | (6) |
|
Obligations of the Contractor |
|
|
302 | (2) |
|
|
|
304 | (1) |
|
Importance of the notices of delay |
|
|
305 | (1) |
|
Review of extensions of time |
|
|
305 | (1) |
|
Adjudicating on extension of time |
|
|
306 | (1) |
|
Effect of an adjudicator's extension of time decisions |
|
|
307 | (1) |
|
Deduction of liquidated damages |
|
|
308 | (1) |
|
The Contractor's duty to update the master programme |
|
|
309 | (1) |
|
Deduction of liquidated damages from money decided by an adjudicator |
|
|
309 | (5) |
|
Refund of liquidated damages |
|
|
312 | (1) |
|
Non-Completion Certificate and Withholding Notices |
|
|
313 | (1) |
|
Resisting liability for liquidated damages |
|
|
314 | (3) |
|
Penal liquidated damages provisions |
|
|
314 | (1) |
|
|
|
315 | (1) |
|
Programme specification defect |
|
|
315 | (1) |
|
No Non-Completion Certificate |
|
|
315 | (1) |
|
No Notice of Liquidated Damages |
|
|
315 | (2) |
|
|
|
317 | (1) |
|
|
|
317 | (4) |
|
The first-in-line approach |
|
|
318 | (1) |
|
|
|
319 | (1) |
|
The dominant cause approach |
|
|
319 | (1) |
|
The apportionment approach |
|
|
320 | (1) |
|
|
|
320 | (1) |
|
Delays within culpable delay |
|
|
321 | (1) |
|
Extension of time and professional negligence |
|
|
322 | (1) |
|
|
|
323 | (3) |
|
Preparation and submission of contractor's programme |
|
|
324 | (1) |
|
|
|
324 | (1) |
|
Extension of time procedures |
|
|
325 | (1) |
|
Claims for damages and contractual claims: an overview |
|
|
326 | (16) |
|
|
|
326 | (1) |
|
`Contractual' and `common law' claims: similarities |
|
|
327 | (1) |
|
`Contractual' and `common law' claims: differences |
|
|
328 | (1) |
|
|
|
328 | (1) |
|
|
|
328 | (1) |
|
|
|
328 | (1) |
|
`Contractual' and `common law' claims: as alternatives |
|
|
329 | (1) |
|
|
|
329 | (8) |
|
Cause and effect and global claims |
|
|
329 | (4) |
|
|
|
333 | (4) |
|
|
|
337 | (4) |
|
Delay in completion of the Works |
|
|
338 | (1) |
|
Failure to complete the Works |
|
|
338 | (1) |
|
Failure to comply with Architect's Instructions |
|
|
338 | (1) |
|
Correction of defects: limitations and Employer's additional losses |
|
|
339 | (2) |
|
Excessive claims: criminal liability |
|
|
341 | (1) |
|
Contractual money claims under JCT 05 |
|
|
342 | (28) |
|
|
|
342 | (1) |
|
|
|
343 | (5) |
|
Application by Contractor (notices) |
|
|
343 | (2) |
|
|
|
345 | (2) |
|
Relevance of extensions of time |
|
|
347 | (1) |
|
Matters giving rise to entitlement |
|
|
348 | (3) |
|
Deferment of giving possession of the site |
|
|
348 | (1) |
|
List of Relevant Matters affecting regular progress |
|
|
349 | (2) |
|
|
|
351 | (19) |
|
|
|
351 | (1) |
|
Site establishment costs, and other-project related overheads |
|
|
352 | (2) |
|
|
|
354 | (3) |
|
Visiting head office staff |
|
|
357 | (1) |
|
|
|
357 | (1) |
|
|
|
358 | (1) |
|
|
|
359 | (1) |
|
|
|
359 | (3) |
|
|
|
362 | (1) |
|
|
|
363 | (1) |
|
Financing other heads of claim |
|
|
364 | (1) |
|
|
|
365 | (1) |
|
|
|
365 | (3) |
|
|
|
368 | (1) |
|
|
|
369 | (1) |
|
|
|
370 | (12) |
|
Fluctuations under Option A |
|
|
370 | (3) |
|
Statutory contributions, levies and taxes in respect of employees |
|
|
371 | (1) |
|
Duties and taxes in respect of materials |
|
|
372 | (1) |
|
Percentage for additional payment |
|
|
372 | (1) |
|
Notices, evidence and calculations |
|
|
372 | (1) |
|
Exclusions from fluctuations under Fluctuations Option A |
|
|
373 | (1) |
|
Fluctuations under Option B |
|
|
373 | (2) |
|
|
|
373 | (1) |
|
Statutory contributions, levies or taxes |
|
|
374 | (1) |
|
|
|
374 | (1) |
|
Sub-contractors and suppliers |
|
|
375 | (1) |
|
|
|
375 | (1) |
|
Exclusions from fluctuations under Option B |
|
|
375 | (1) |
|
Notices, evidence and calculations |
|
|
375 | (1) |
|
Fluctuations under Option C |
|
|
375 | (5) |
|
Calculation of fluctuations |
|
|
378 | (1) |
|
Work Categories/Work groups |
|
|
378 | (1) |
|
Fluctuations after Practical Completion |
|
|
379 | (1) |
|
|
|
380 | (1) |
|
Delay, suspension and cessation of publication of the indices |
|
|
380 | (1) |
|
Errors, certification and retention |
|
|
380 | (1) |
|
Extension of time, delayed completion and fluctuation |
|
|
381 | (1) |
|
|
|
382 | (37) |
|
|
|
382 | (1) |
|
|
|
383 | (10) |
|
Timing of issue of Interim Certificates |
|
|
383 | (1) |
|
Timetable up to Practical Completion |
|
|
384 | (1) |
|
Timetable after Practical Completion |
|
|
384 | (1) |
|
Payment on Interim Certificates |
|
|
385 | (1) |
|
|
|
385 | (2) |
|
|
|
387 | (1) |
|
Contractual grounds for withholding |
|
|
387 | (1) |
|
Other grounds for withholding |
|
|
388 | (1) |
|
Effect of failure to serve the notices |
|
|
389 | (4) |
|
Responsibility for valuation and certification |
|
|
393 | (2) |
|
Valuation for certification |
|
|
395 | (3) |
|
|
|
395 | (1) |
|
Sums subject to retention |
|
|
395 | (1) |
|
Sums not subject to retention |
|
|
396 | (1) |
|
Deductions to be allowed by the Contractor |
|
|
397 | (1) |
|
Negative Interim Certificates |
|
|
397 | (1) |
|
Unfixed materials and interim Certificates |
|
|
398 | (3) |
|
On-site materials and goods |
|
|
399 | (2) |
|
Off-site materials and goods |
|
|
401 | (1) |
|
Remedies for non-payment by the Employer |
|
|
401 | (4) |
|
|
|
402 | (1) |
|
Suspension of performance/termination |
|
|
403 | (1) |
|
|
|
404 | (1) |
|
|
|
404 | (1) |
|
|
|
405 | (1) |
|
The treatment of retention funds |
|
|
405 | (3) |
|
|
|
406 | (1) |
|
Trusts of retention funds |
|
|
406 | (2) |
|
Set-off against retention |
|
|
408 | (1) |
|
The final adjustment of the contract sum |
|
|
408 | (2) |
|
Timetable for final accounts and the final certificate |
|
|
410 | (1) |
|
The effect of the final certificate |
|
|
410 | (1) |
|
Architect's liability for negligent certification |
|
|
410 | (2) |
|
|
|
412 | (4) |
|
|
|
413 | (1) |
|
The Advance Payment Bond Form |
|
|
413 | (1) |
|
The Off-site Materials Bond |
|
|
414 | (1) |
|
The Off-site Materials Bond Form |
|
|
414 | (1) |
|
|
|
415 | (1) |
|
|
|
415 | (1) |
|
The Local Democracy, Economic Development and Construction Bill, payment and Notices |
|
|
416 | (3) |
|
|
|
416 | (1) |
|
|
|
417 | (1) |
|
|
|
417 | (1) |
|
Disputes over notified sum and Withholding Notices |
|
|
417 | (2) |
|
|
|
419 | (37) |
|
Termination at common law for repudiation |
|
|
419 | (3) |
|
Conditions and warranties |
|
|
420 | (1) |
|
Wrongful termination at common law |
|
|
421 | (1) |
|
Common law versus the Contract |
|
|
422 | (1) |
|
JCT 05 termination clauses: an overview |
|
|
423 | (1) |
|
Notices required by the termination procedures |
|
|
423 | (1) |
|
|
|
424 | (2) |
|
Termination by the Employer for specified defaults |
|
|
426 | (6) |
|
Suspension of the Works by the Contractor |
|
|
426 | (1) |
|
Failure to proceed regularly and diligently |
|
|
427 | (1) |
|
Refusal to remove defective work and materials |
|
|
428 | (1) |
|
Assignment and sub-letting |
|
|
428 | (1) |
|
|
|
428 | (1) |
|
Procedure for termination for the Contractor's default |
|
|
429 | (3) |
|
Termination for the Contractor's insolvency |
|
|
432 | (2) |
|
Instruction to the Contractor to continue |
|
|
433 | (1) |
|
|
|
433 | (1) |
|
|
|
434 | (1) |
|
|
|
434 | (1) |
|
Termination by the Contractor for Employer's defaults |
|
|
434 | (2) |
|
Failure of the Employer to pay |
|
|
434 | (1) |
|
Interference/obstruction by the Employer |
|
|
435 | (1) |
|
|
|
435 | (1) |
|
|
|
436 | (1) |
|
Procedure for termination for Employer's defaults |
|
|
436 | (1) |
|
Termination by Contractor for the specified suspension events |
|
|
436 | (2) |
|
Termination by Contractor for the Employer's insolvency |
|
|
438 | (1) |
|
Termination for withdrawal of Terrorism Cover |
|
|
438 | (1) |
|
Termination by either party for loss/damage to the Works |
|
|
439 | (1) |
|
Termination by either party for force majeure and the like |
|
|
440 | (2) |
|
Post-termination rights, obligations and procedures |
|
|
442 | (4) |
|
Termination by Employer for default insolvency or corruption |
|
|
442 | (1) |
|
|
|
442 | (1) |
|
Assignment of Contractor's contracts with third parties |
|
|
442 | (1) |
|
Removal of temporary buildings, plant and the like |
|
|
442 | (1) |
|
Suspension of further payment to the Contractor |
|
|
443 | (2) |
|
Supply of as-built drawings for CDP |
|
|
445 | (1) |
|
|
|
445 | (1) |
|
Other termination under the Contract |
|
|
445 | (1) |
|
|
|
446 | (3) |
|
Where the Works are completed after termination by the Employer for Contractor's default, insolvency or corruption |
|
|
446 | (1) |
|
Expense, loss and/or damage |
|
|
446 | (1) |
|
|
|
447 | (1) |
|
|
|
447 | (1) |
|
Where the Works are abandoned after termination by the Employer for Contractor's default, insolvency or corruption |
|
|
448 | (1) |
|
Other termination under the Contract |
|
|
448 | (1) |
|
Contingent liability claims against an Insolvent Contractor |
|
|
449 | (1) |
|
Recoverability of liquidated damages |
|
|
450 | (1) |
|
Meaning of `unreasonably or vexatiously' |
|
|
451 | (1) |
|
Performance bonds and guarantees |
|
|
451 | (1) |
|
|
|
452 | (4) |
|
|
|
456 | (53) |
|
The meaning of `dispute' or `difference' |
|
|
457 | (9) |
|
|
|
457 | (3) |
|
|
|
460 | (4) |
|
|
|
464 | (2) |
|
Ambit of the dispute resolution clauses |
|
|
466 | (2) |
|
Matters expressly not subject to review |
|
|
468 | (1) |
|
|
|
469 | (16) |
|
|
|
471 | (1) |
|
Appointment of the adjudicator |
|
|
472 | (1) |
|
|
|
473 | (1) |
|
The response to the Referral Notice |
|
|
474 | (1) |
|
The powers of the adjudicator |
|
|
475 | (1) |
|
Fees and expenses of the adjudicator |
|
|
476 | (1) |
|
Costs incurred by the parties |
|
|
476 | (2) |
|
The Local Democracy, Economic Development and Construction Bill and adjudication costs |
|
|
478 | (1) |
|
|
|
478 | (1) |
|
|
|
479 | (1) |
|
The adjudicator's decision |
|
|
480 | (1) |
|
|
|
480 | (1) |
|
Immunity of the adjudicator |
|
|
481 | (1) |
|
Enforcing the decision of an adjudicator |
|
|
481 | (1) |
|
Summary judgment/interim payment |
|
|
482 | (1) |
|
|
|
482 | (1) |
|
|
|
483 | (1) |
|
Proceedings (Civil Procedure Rules) |
|
|
483 | (1) |
|
The adjudicator's powers to correct errors in his decision |
|
|
484 | (1) |
|
Advantages of statutory adjudication |
|
|
484 | (1) |
|
Disadvantages of statutory adjudication |
|
|
485 | (1) |
|
|
|
485 | (4) |
|
The Civil Procedure Rules |
|
|
486 | (1) |
|
Compliance with the Pre-Action Protocol |
|
|
486 | (1) |
|
|
|
487 | (1) |
|
|
|
487 | (1) |
|
|
|
487 | (1) |
|
Non-compliance with the Protocol |
|
|
488 | (1) |
|
Recovery of cost of compliance with Protocol |
|
|
489 | (1) |
|
|
|
489 | (10) |
|
JCT 05 arbitration agreement |
|
|
490 | (1) |
|
Enforcement of the arbitration agreement |
|
|
491 | (1) |
|
|
|
491 | (1) |
|
Choice of three types of procedure |
|
|
492 | (1) |
|
Commencement of arbitration proceedings |
|
|
492 | (1) |
|
Appointment of the Arbitrator |
|
|
493 | (1) |
|
|
|
493 | (1) |
|
Enforcement of an arbitrator's award |
|
|
494 | (1) |
|
Court intervention into arbitration |
|
|
495 | (1) |
|
Appointment of arbitrators |
|
|
495 | (1) |
|
Extension of time for commencement of arbitration |
|
|
496 | (1) |
|
|
|
496 | (1) |
|
Resignation of an arbitrator |
|
|
496 | (1) |
|
|
|
496 | (1) |
|
Determination of recoverable costs |
|
|
496 | (1) |
|
Determination of preliminary points of law |
|
|
497 | (1) |
|
Appeals against an arbitration award |
|
|
497 | (2) |
|
Arbitration or litigation |
|
|
499 | (7) |
|
|
|
499 | (1) |
|
|
|
500 | (1) |
|
|
|
500 | (1) |
|
|
|
500 | (1) |
|
|
|
501 | (1) |
|
|
|
501 | (1) |
|
|
|
501 | (1) |
|
|
|
501 | (1) |
|
Future business relations |
|
|
502 | (1) |
|
|
|
502 | (1) |
|
|
|
502 | (1) |
|
|
|
503 | (1) |
|
|
|
504 | (1) |
|
|
|
504 | (2) |
|
|
|
506 | (1) |
|
|
|
506 | (1) |
|
|
|
506 | (3) |
| Table of Cases |
|
509 | (21) |
| Table of Clause References |
|
530 | (9) |
| Table of Statutes and Statutory Instruments |
|
539 | (6) |
| Subject Index |
|
545 | |
