Muutke küpsiste eelistusi

E-raamat: JCT 2011 Building Sub-contracts 2e [Wiley Online]

(BlueSky ADR), (BlueSky ADR)
  • Formaat: 288 pages
  • Ilmumisaeg: 06-Nov-2015
  • Kirjastus: Wiley-Blackwell
  • ISBN-10: 1118655494
  • ISBN-13: 9781118655498
Teised raamatud teemal:
  • Wiley Online
  • Hind: 95,16 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
JCT 2011 Building Sub-contracts 2eSuurem pilt
  • Formaat: 288 pages
  • Ilmumisaeg: 06-Nov-2015
  • Kirjastus: Wiley-Blackwell
  • ISBN-10: 1118655494
  • ISBN-13: 9781118655498
Teised raamatud teemal:
Wiley Online e-raamatudRohkem infot Wiley Online kohta
Raamatu kodulehekülg: https://onlinelibrary.wiley.com/doi/book/10.1002/9781118655498
"Covers key contract conditions, rights and obligations, and risk under the JCT 2011 Building Sub-contracts"--

The majority of construction work is carried out by sub-contractors. As building projects become more complex, sub-contractors need to understand the implications of the agreements they sign. The JCT 2011 Building Sub-contracts has been written to help the busy sub-contractor deal effectively with the range of JCT 2011 sub-contracts they will encounter. It covers the most commonly used 2011 sub-contracts, looking at the key contract conditions, the rights and obligations of the parties and how risk is allocated. A key element of the book is the discussion of the main practical problems that arise. Accessible and practical, this book will ensure building and construction sub-contractors understand these contracts and have an easy to consult reference if any arise. It will also be of interest to main contractors, architects, contract administrators, project managers, quantity surveyors, contracts consultants and construction lawyers.

Barnes, a construction consultant, arbitrator, adjudicator, mediator, and expert witness, and Davies, a quality surveyor and solicitor specializing in the construction industry, explain all of the major subcontracts in relation to JCT (Joint Contracts Tribunal) 2011 building contract forms in the UK, focusing on the Standard Building Sub-contract, Standard Building Sub-contract with sub-contractor's design, Design and Build Sub-contract, Intermediate Sub-contract, and Intermediate Sub-contract with sub-contractors' design. They detail background on the sub-contracts, the sub-contract agreement, and the areas of definitions and interpretations; general obligations; time; defects, design documents, and warranties; control of the sub-contract works; payment; loss and expense; variations; injury, damage, and insurance; termination of the sub-contract; and settlement of disputes. Annotation ©2016 Ringgold, Inc., Portland, OR (protoview.com)
Preface xiii
1 Background and Introduction 1(16)
1.1 The Joint Contracts Tribunal (JCT)
1(1)
1.2 Sub-contracting
1(1)
1.3 The formation of contracts and sub-contracts
2(4)
1.4 Standard forms of contract and sub-contract
6(1)
1.5 The JCT Sub-contracts dealt with within the chapters of this book
7(3)
1.6 The JCT Sub-contracts not dealt with in the chapters of this book
10(7)
2 The Sub-contract Agreement 17(27)
2.1 Introduction
17(2)
2.2 The structure of the sub-contract agreement
19(1)
2.3 The recitals
20(2)
2.4 The articles
22(1)
2.5 The sub-contract particulars
23(12)
2.6 Attestation forms
35(2)
2.7 Schedule of information
37(1)
2.8 Supplementary particulars
38(1)
2.9 Equivalent sub-contract provisions
38(6)
3 Definitions and Interpretations 44(7)
3.1 Introduction
44(1)
3.2 Definitions
44(1)
3.3 Interpretation
45(1)
3.4 Reckoning periods of days
46(1)
3.5 Contracts (Rights of Third Parties) Act 1999
46(1)
3.6 Giving of service of notices and other documents
46(1)
3.7 Effect of the final payment notice (or the default payment notice)
47(2)
3.8 Applicable law
49(1)
3.9 Equivalent sub-contract provisions
49(2)
4 Sub-contractors' General Obligations 51(34)
4.1 Introduction
51(2)
4.2 General obligations
53(6)
4.3 Sub-contractor's design
59(12)
4.4 Materials, goods and workmanship
71(4)
4.5 Compliance with main contract and indemnity
75(1)
4.6 Errors, discrepancies and divergences
76(4)
4.7 Equivalent sub-contract provisions
80(5)
5 Time 85(17)
5.1 Introduction
85(1)
5.2 Time and the adjustment to the period for completion
86(10)
5.3 Practical completion and lateness
96(2)
5.4 Equivalent sub-contract provisions
98(4)
6 Defects, Design Documents and Warranties 102(12)
6.1 Introduction
102(1)
6.2 Defects
103(4)
6.3 Sub-contractor's design documents
107(1)
6.4 Collateral warranties
108(5)
6.5 Equivalent sub-contract provisions
113(1)
7 Control of the Sub-contract Works 114(36)
7.1 Introduction
114(2)
7.2 Assignment and sub-letting
116(2)
7.3 Person-in-charge
118(1)
7.4 Access provided by the sub-contractor
119(1)
7.5 Opening up the works and remedial measures
119(4)
7.6 Attendance and site conduct
123(6)
7.7 Health and safety and CDM
129(6)
7.8 The CDM Regulations (i.e. the Construction (Design and Management) Regulations 2015)
135(7)
7.9 Suspension of the main contract by the contractor
142(4)
7.10 Benefits under the main contract
146(1)
7.11 Certificates/statements or notices under the main contract
146(1)
7.12 Equivalent sub-contract provisions
147(3)
8 Payment 150(21)
8.1 Introduction
150(1)
8.2 The amount due in respect of interim payments
151(1)
8.3 Unfixed materials
152(1)
8.4 The amount due in respect of the final payment
153(3)
8.5 Retention
156(3)
8.6 Payment due dates and final dates for payment for interim payments
159(1)
8.7 Payment Notices and Pay Less Notices for interim payments
160(2)
8.8 The payment due date and the final date for payment for the final payment
162(1)
8.9 Payment Notices and Pay Less Notices in respect of the final payment
162(2)
8.10 VAT (Value Added Tax)
164(1)
8.11 Construction Industry Scheme (CIS)
164(1)
8.12 Interest
164(1)
8.13 Sub-contractor's right of suspension
165(1)
8.14 Fluctuations
166(1)
8.15 Equivalent sub-contract provisions
167(4)
9 Loss and Expense 171(26)
9.1 Introduction
171(2)
9.2 Can common law damages claims be excluded by the contract?
173(1)
9.3 Are claims for extensions of time and loss and/or expense linked?
173(1)
9.4 What are the grounds/requirements for loss and expense?
174(1)
9.5 What are Relevant Sub-contract Matters?
174(2)
9.6 Can the contractor recover direct loss and/or expense from the sub-contractor?
176(1)
9.7 In pursuing a loss and expense claim, what does a sub-contractor need to prove?
177(2)
9.8 What needs to be proved in a loss and expense claim document?
179(1)
9.9 What is a global claim?
180(2)
9.10 Common heads of a loss and expense claim
182(1)
9.11 Prolongation costs
183(3)
9.12 Disruption claims
186(1)
9.13 Winter working
187(1)
9.14 Head office overheads and profit
187(3)
9.15 Loss of profit
190(1)
9.16 Increased costs
190(1)
9.17 Cost of claim preparation
191(1)
9.18 Interest and finance charges
191(1)
9.19 Acceleration
192(1)
9.20 Common law damages
193(3)
9.21 Equivalent sub-contract provisions
196(1)
10 Variations 197(17)
10.1 Introduction
197(1)
10.2 What is a variation?
198(1)
10.3 How is a variation instructed?
198(1)
10.4 Can a variation vitiate a contract?
199(1)
10.5 Must a sub-contractor comply with all variation directions issued?
200(1)
10.6 Must a sub-contractor comply with all variation directions issued that may injuriously affect the efficacy of the sub-contractor's design?
200(1)
10.7 What happens if a sub-contractor does not comply with a direction issued?
201(1)
10.8 How should variations be valued?
201(1)
10.9 How should variations that relate to a sub-contractor's design work be valued?
201(1)
10.10 What is the procedure to be followed in respect of a schedule 2 quotation?
202(3)
10.11 What are the valuation rules?
205(5)
10.12 Equivalent sub-contract provisions
210(4)
11 Injury, Damage and Insurance 214(12)
11.1 Introduction
214(1)
11.2 Sub-contractor's liability for personal injury or death
215(1)
11.3 The sub-contractor's liability for injury or damage to property
216(1)
11.4 The sub-contractor's liability for loss or damage to the sub-contract works
217(1)
11.5 What Specified Perils insurance cover, in respect of loss or damage to works and site materials, does the sub-contractor obtain under the joint names all risks policies?
218(1)
11.6 What is the sub-contractor's liability for damage to the sub-contract works?
218(2)
11.7 What are the employer's options where terrorism cover is not available?
220(1)
11.8 Is the contractor responsible for damage caused to the sub-contractor's plant, etc.?
221(1)
11.9 Is the sub-contractor required to take out professional indemnity insurance?
221(1)
11.10 When and how does the Joint Fire Code apply?
222(1)
11.11 Equivalent sub-contract provisions
223(3)
12 Termination of Sub-contract 226(19)
12.1 Introduction
226(1)
12.2 How can a contract come to an end?
227(1)
12.3 What can cause a sub-contract to be terminated?
228(1)
12.4 What is a breach of contract?
228(1)
12.5 Will any breach of contract enable one to terminate the sub-contract?
228(1)
12.6 What is a repudiatory breach at common law?
229(1)
12.7 Why have termination provisions in the contract if the sub-contract can be terminated at common law?
229(1)
12.8 What is the effect of a sub-contract being terminated at common law?
230(1)
12.9 Are the effects of a sub-contract being terminated under common law or by contractual provisions the same?
230(1)
12.10 Where can the contractual termination provisions be located in the Sub-contract?
231(1)
12.11 Are the party's common law termination rights preserved under the Sub-contract?
231(1)
12.12 What reasons give the contractor a right to terminate the sub-contractor's employment under the JCT Sub-contract Conditions?
231(1)
12.13 What is deemed to be default by the sub-contractor under clause 7.4.1 of SBCSub/D/C?
231(1)
12.14 What happens when a sub-contractor commits a specified default noted at clause 7.4.1 of SBCSub/D/C?
232(1)
12.15 Must all notices either by the Contractor or the Sub-contractor referred to under Section 7 'Termination' of the sub-contract conditions be given in accordance with clause 1.7.4?
233(1)
12.16 What does insolvency of the sub-contractor mean?
233(1)
12.17 What happens when the sub-contractor becomes insolvent?
234(1)
12.18 What does corruption entail?
235(1)
12.19 What are the consequences of the contractor terminating the sub-contractor's employment?
235(2)
12.20 What reasons give the sub-contractor the right to terminate his or her employment under the JCT sub- contract conditions?
237(1)
12.21 What is deemed to be default by the contractor under clause 7.8.1 of SBCSub/D/C?
237(1)
12.22 What happens when a contractor commits a specified default noted under clause 7.8.1 of SBCSub/D/C?
238(1)
12.23 What does insolvency of the contractor mean?
239(1)
12.24 What happens when the contractor becomes insolvent?
239(1)
12.25 What are the consequences of the sub-contractor terminating his or her own employment?
240(2)
12.26 If a sub-contractor's employment is terminated for any reason, can it subsequently be reinstated?
242(1)
12.27 Equivalent sub-contract provisions
242(3)
13 Settlement of Disputes 245(20)
13.1 Introduction
245(1)
13.2 Mediation
245(2)
13.3 Adjudication
247(6)
13.4 Arbitration
253(7)
13.5 Litigation
260(3)
13.6 Equivalent Sub-contract provisions
263(2)
Table of Cases 265(4)
Table of Statutes and Regulations 269(2)
Index 271
Peter Barnes MSc, FCIOB, FCIArb, MRICS is a Chartered Arbitrator, Registered Adjudicator, Accredited Mediator and Chartered Conservationist, and has been actively involved in the Construction Industry for over 40 years. Since moving into consultancy he has been appointed to act as Arbitrator, Adjudicator, Mediator, and as Expert Witness in respect of both Liability and Quantum issues. Peter is a member of the Consultants College for the JCT Council and sits on the JCT Council. Matthew Davies BSC (Hons), LLB (Hons), LPC is dual qualified as a Chartered Quantity Surveyor and Solicitor, with over 20 years of experience in the construction industry. He specialises in providing legal, commercial and contractual management, construction claims and dispute resolution services to the construction industry, including representing organisations in adjudication and other dispute forums. He also drafts and reviews contracts, sub-contracts and collateral warranties, and advises on a variety of contentious and non-contentious construction matters.
Püsilink: https://www.kriso.ee/db/9781118655498_pe.html
Märksõnad: