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Standard Letters for Building Contractors 4th edition [Kõva köide]

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(The Queen's University Belfast; University of Central England, Birmingham, England)
  • Formaat: Hardback, 354 pages, kõrgus x laius x paksus: 252x180x24 mm, kaal: 862 g
  • Ilmumisaeg: 29-Feb-2008
  • Kirjastus: Wiley-Blackwell
  • ISBN-10: 1405177896
  • ISBN-13: 9781405177894
Teised raamatud teemal:
Standard Letters for Building Contractors 4th editionSuurem pilt
  • Formaat: Hardback, 354 pages, kõrgus x laius x paksus: 252x180x24 mm, kaal: 862 g
  • Ilmumisaeg: 29-Feb-2008
  • Kirjastus: Wiley-Blackwell
  • ISBN-10: 1405177896
  • ISBN-13: 9781405177894
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781405177894.html
Märksõnad:
Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send.

This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations.

The letters are for use with the following contracts:





JCT Standard Building Contract (SBC), JCT Intermediate Building Contract (IC) and 'with contractor's design' (ICD), JCT Minor Works Building Contract (MW) and 'with contractor's design' (MWD), JCT Design and Build Contract (DB), JCT Standard Building Sub-Contract Conditions (SBCSub/C) and 'with sub-contractor's design' (SBCSub/D/C), JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C), JCT Intermediate Sub-Contract Conditions (ICSub/C) and 'with sub-contractor's design' (ICSub/D/C), and JCT Design and Build Sub-Contract Conditions (DBSub/C).

There are also letters for use with GC/Works/1 and its subcontract.

All of the letters in the book are available for download and use at the following url https://www.wiley.com/legacy/wileychi/chappell1/, along with details of how to access the material.
Preface to the Fourth Edition xvii
Introduction xix
Tendering
1(20)
To architect, requesting inclusion in list of tenderers
2(1)
To architect, if no response to request for inclusion on list of tenderers
3(1)
To architect, agreeing to tender
4(1)
To architect, if contractor unwilling to tender
5(1)
To architect, if contractor asked to provide information prior to inclusion on tender list
6(1)
To architect, if the contractor is informed that the tender date is delayed and is still willing to submit tender
7(1)
To architect, if the contractor is informed that the tender date is delayed and is unwilling to tender
8(1)
To architect, acknowledging receipt of tender documents
9(1)
To architect, regarding questions during the tender period
10(1)
To architect, requesting extension of tender period
11(1)
To architect, withdrawing qualification to tender
12(1)
To architect, if confirming offer where the overall price is dominant
13(1)
To architect, if withdrawing offer where the overall price is dominant
14(1)
To architect, if amending offer where the pricing document is dominant
15(1)
To architect, if tender accepted (a)
16(1)
To architect, if tender accepted (b)
17(1)
To architect, if tender accepted (c)
18(1)
To architect, if purporting to accept tender
19(1)
To architect, if another tender accepted
20(1)
Contract Documents
21(8)
To architect, returning contract documents
23(1)
To architect, if mistakes in contract documents and previous acceptance of tender
24(1)
To architect, if mistakes in contract documents and no previous acceptance of tender
25(1)
To architect, if contractor asked to commence before contract documents signed, but tender accepted
26(1)
To architect, if contractor asked to commence before contract documents signed and tender not accepted
27(1)
To architect, if contract not signed and certification due
28(1)
Insurance and Other Project Planning Matters
29(34)
To architect, seeking approval to the names of insurers for employer's liability
30(1)
To architect, regarding contractor's insurance (a)
31(1)
To architect, regarding contractor's insurance (b)
32(1)
To employer, regarding contractor's insurance (c)
33(1)
To employer, within 21 days of acceptance of tender or renewal of insurance
34(1)
To architect, after approval of insurers for employer's liability
35(1)
To architect, regarding professional indemnity insurance
36(1)
To architect, if professional indemnity insurance is no longer available at commercially reasonable rates
37(1)
To architect, if Joint Fire Code remedial measures are a variation
38(1)
To architect, if Joint Fire Code remedial measures are a variation, but require emergency action
39(1)
To employer, regarding employer's insurance (a)
40(1)
To employer, regarding employer's insurance (b)
41(1)
To employer, regarding employer's insurance (c)
42(1)
To employer, who fails to maintain insurance cover (a)
43(1)
To employer, who fails to maintain insurance cover (b)
44(1)
To architect and employer, if any damage occurs due to an insured risk (a)
45(1)
To architect and employer, if any damage occurs due to an insured risk (b)
46(1)
To architect, on receipt of letter of intent
47(1)
To architect, if contractor asked to sign a warranty
48(1)
To architect, on receipt of defective third party rights notice
49(1)
To architect, on receipt of request for warranty
50(1)
To architect, if contractor asked to supply a performance bond
51(1)
To employer, if asked to execute a novation agreement
52(2)
To architect, enclosing the construction phase plan
54(2)
To architect, regarding person-in-charge or agent (a)
56(1)
To architect, regarding the appointment of a site manager (b)
57(1)
To architect, regarding consent to removal or replacement of site manager
58(1)
To architect, if required to furnish names and addresses of operatives
59(1)
To architect, if passes are required
60(1)
To employer, regarding the employer's representative
61(1)
To employer, regarding the project manager
62(1)
Operations on Site
63(79)
To employer, if possession not given on the due or the deferred date (a)
64(2)
To employer, if possession not given on the due date (b)
66(1)
To architect, if date for possession advanced
67(1)
To employer, giving consent to the engagement of other persons
68(1)
To employer, withholding consent to the engagement of other persons
69(1)
To architect, regarding items in minutes of site meeting
70(1)
To architect, enclosing master programme (a)
71(1)
To architect, enclosing master programme (b)
72(1)
To architect, enclosing revision to the master programme
73(1)
To architect, requesting information
74(1)
To architect, if insufficient information on setting out drawings
75(1)
To architect, requesting information that setting out is correct
76(1)
To architect, if information received late
77(1)
To architect, if information not received in accordance with the information release schedule
78(1)
To architect, if design fault in architect's or consultant's drawings
79(1)
To architect, if a design fault in architect's or consultant's drawings which the architect refuses to correct
80(1)
To architect, if contractor providing contractor's design documents
81(1)
To architect, who fails to return the contractor's drawings in due time
82(1)
To architect, if architect returns contractor's design document marked `C'
83(1)
To architect, if architect confirms a comment on documents marked `C'
84(1)
To architect, if contractor providing contractor's design documents
85(1)
To architect, if contractor providing levels and setting out information
86(1)
To architect, who returns contractor's drawings with comments
87(1)
To architect, if discrepancy found between documents
88(1)
To architect, if discrepancy within the Employer's Requirements
89(1)
To architect, if discrepancy within the Contractor's Proposals
90(1)
To architect, if discrepancy found between Employer's Requirements and Contractor's Proposals
91(1)
To architect, if alleging that contractor should have checked the design
92(1)
To employer, pointing out design error in Employer's Requirements
93(1)
To architect, requesting directions to integrate the design
94(1)
To architect, noting divergence between statutory requirements and other documents (a)
95(1)
To architect, noting divergence between statutory requirements and other documents (b)
96(1)
To architect, if emergency compliance with statutory requirements required
97(1)
To architect, if a change in statutory requirements after base date
98(1)
To architect, if development control decision after base date
99(1)
To employer (not being a local authority), objecting to the nomination of a replacement architect
100(1)
To employer (not being a local authority), objecting to the nomination of the employer as replacement architect
101(1)
To employer, if replacement architect not appointed
102(1)
To employer, objecting to the nomination of a replacement quantity surveyor
103(1)
To architect, regarding directions issued on site by the clerk of works
104(1)
To architect, regarding instructions issued on site by the clerk of works
105(1)
To architect, if clerk of works defaces work or materials
106(1)
To architect, if numerous `specialist' clerks of works visiting site
107(1)
To architect, if clerk of works instructs operatives direct
108(1)
To quantity surveyor, submitting a Schedule 2 quotation
109(1)
To architect, regarding verification of vouchers for daywork
110(1)
To employer, if disagreement over whether work is a variation or included in the contract
111(1)
To architect, requiring the specification of the clause empowering an instruction (a)
112(1)
To architect, requiring the specification of the clause empowering an instruction (b)
113(1)
To architect, confirming an oral instruction
114(1)
To architect, requesting confirmation of an oral instruction
115(1)
To architect, if oral instruction not confirmed in writing
116(1)
To architect, objecting to exclusion of person from the Works (a)
117(1)
To employer, objecting to exclusion of person from the Works (b)
118(1)
To architect, objecting to instruction varying obligations or restrictions
119(1)
To architect, withholding consent to instruction altering the design of the Works
120(1)
To architect, if attempting to vary the Contractor's Proposals
121(1)
To architect, on receipt of 7 day notice requiring compliance with instruction (a)
122(2)
To architect, on receipt of notice requiring compliance with instruction (b)
124(2)
To architect, if instruction will affect the contractor's designed portion
126(1)
To architect withholding consent, if instruction will affect the contractor's design
127(1)
To architect, removal of unfixed materials
128(1)
To architect, if materials are not procurable
129(1)
To architect, if wishing to substitute materials or goods
130(1)
To architect, after failure of work or materials or goods
131(1)
To architect, if contractor objects to complying with a clause 3.15.1 instruction
132(1)
To architect, after work opened up for inspection
133(1)
To architect, if excavations ready for inspection
134(1)
To architect, if issuing an instruction after ordering removal of defective work
135(1)
To architect, if issuing instruction for opening up after ordering removal of defective work
136(1)
To architect, if issuing instruction for removal of defective work
137(1)
To architect, if wrongly issuing instruction following failure to carry out the work in a proper and workmanlike manner
138(1)
To architect, if work to be covered up
139(1)
To architect, if antiquities found
140(2)
Payment
142(24)
To architect, enclosing interim application for payment (a)
143(1)
To architect, enclosing interim application for payment (b)
144(1)
To quantity surveyor, submitting valuation application
145(1)
To architect, if quantity surveyor fails to respond to the valuation application
146(1)
To architect, if interim certificate not issued
147(1)
To architect, if certificate insufficient
148(1)
To employer, if payment not made in full and no withholding notice issued
149(1)
To architect, regarding copyright if payment withheld
150(1)
To employer, if the advance payment is not paid on the due date
151(1)
To architect, if valuation not carried out in accordance with the priced activity schedule
152(1)
To architect, if contractor not asked to be present at measurement
153(1)
To architect, requesting payment for off-site materials
154(1)
To employer, giving 7 days notice of suspension
155(1)
To employer, if payment in full has not been made within 7 days despite notice of suspension
156(1)
To employer, requesting interest on late payment
157(1)
To employer, requesting retention money to be placed in a separate bank account
158(1)
To employer, if failure to place retention in separate bank account
159(1)
To architect, enclosing all information for preparation of final certificate
160(1)
To architect, enclosing final account
161(1)
To employer, disputing the final account
162(1)
To architect, if final certificate not issued on the due date (a)
163(1)
To architect, if final certificate not issued on the due date (b)
164(1)
To architect, if final certificate not issued on the due date (c)
165(1)
Extensions of Time
166(21)
To architect, if delay occurs, but no grounds for extension of time
167(1)
To architect, when cause of delay ended if no grounds for extension of time
168(1)
To architect, if delay occurs giving grounds for extension of time (a)
169(1)
To architect, if delay occurs giving grounds for extension of time (b)
170(1)
To architect, providing further particulars for extension of time (a)
171(1)
To architect, providing further particulars for extension of time (b)
172(1)
To architect, if requesting further information in order to grant extension of time
173(1)
To architect, if unreasonably requesting further information in order to grant an extension of time
174(1)
To architect, if extension of time is insufficient
175(1)
To architect, who is not willing to reconsider an insufficient extension of time
176(1)
To architect, if extension of time not properly attributed
177(1)
To architect, if extension of time not granted within time stipulated
178(1)
To architect, if slow in granting extension of time
179(1)
To architect, if review of extensions not carried out (a)
180(1)
To architect, if review of extensions not carried out (b)
181(1)
To architect, if no final decision on extensions of time (c)
182(1)
To architect, who alleges that contractor is not using best endeavours
183(1)
To architect, if non-completion certificate or notice wrongly issued
184(1)
To employer, if liquidated damages wrongfully deducted
185(1)
To employer, if damages repaid without interest
186(1)
Loss and/or Expense
187(13)
To architect, applying for payment of loss and/or expense (a)
188(1)
To architect, applying for payment of loss and/or expense under the supplemental provisions (b)
189(1)
To architect, applying for payment of loss and/or expense (c)
190(1)
To architect, applying for payment of expense (d)
191(1)
To architect, giving further details of loss and/or expense (a)
192(1)
To architect or quantity surveyor, enclosing details of loss and/or expense (b)
193(1)
To quantity surveyor, providing information for calculation of expense (c)
194(1)
To architect, if ascertainment delayed (a)
195(1)
To architect, if ascertainment delayed (b)
196(1)
To architect, if ascertainment too small
197(1)
To employer, regarding a common law claim
198(1)
To employer, regarding a common law claim
199(1)
Termination, Arbitration, Adjudication and Completion
200(29)
To employer or architect, if default notice served
201(2)
To employer or architect, if default notice served justly
203(1)
To employer, if premature termination notice issued
204(1)
To employer who terminates after notification of cessation of terrorism cover
205(1)
To employer, giving notice of default before termination
206(1)
To employer, terminating employment after default notice
207(1)
To employer, terminating employment on the employer's insolvency
208(1)
To employer, where either party may terminate
209(1)
To employer, terminating if suspension has not ceased after notice
210(1)
To employer, terminating employment after damage by insured risk
211(1)
To employer, giving notice of intention to refer a dispute to adjudication
212(1)
To nominating body, requesting nomination of an adjudicator
213(1)
To adjudicator, enclosing the referral
214(1)
To employer, if the adjudicator's decision is in your favour
215(1)
To employer, requesting concurrence in the appointment of an arbitrator
216(1)
To appointing body, if there is no concurrence in the appointment of an arbitrator
217(1)
To architect, if practical completion of the Works or a section imminent
218(1)
To architect, if completion certificate wrongly withheld (a)
219(1)
To architect, if completion statement wrongly withheld (b)
220(1)
To employer, consenting to early use
221(1)
To employer, consenting to partial possession (a)
222(1)
To employer, consenting to partial possession (b)
223(1)
To employer, issuing written statement of partial possession
224(1)
To employer, refusing consent to partial possession
225(1)
To architect, after receipt of schedule of defects
226(1)
To architect, when making good of defects completed
227(1)
To architect, returning drawings, etc. after final payment if requested
228(1)
Sub-Contractors
229(96)
To employer, requesting consent to assignment
230(1)
To employer, if asked to consent to assignment
231(1)
To sub-contractor, assessing competence under the CDM Regulations
232(1)
To a designer, assessing competence under the CDM Regulations
233(1)
To architect, requesting consent to sub-letting
234(1)
To employer, requesting consent to addition of persons to clause 3.8 list
235(1)
To employer, giving consent to addition of person to clause 3.8 list
236(1)
To sub-contractor: letter of intent
237(1)
To sub-contractor, regarding part of the construction phase plan
238(1)
To sub-contractor, enclosing part of the construction phase plan
239(1)
To domestic sub-contractor, requiring a warranty if not noted in the invitation to tender
240(1)
To domestic sub-contractor, requiring a warranty if not noted in the contract documents
241(1)
To architect, if domestic sub-contractor refuses to provide a warranty which was not originally requested
242(1)
To architect, objecting to a named person (a)
243(1)
To architect, objecting to a nominated sub-contractor (b)
244(1)
To architect, if contractor unable to enter into a sub-contract with named person (a)
245(1)
To architect, if unable to enter into sub-contract with named person in accordance with particulars (b)
246(1)
To architect, if some listed sub-contractors will not tender
247(1)
To architect, if contractor enters into a sub-contract with named person
248(1)
To architect, if contractor enters into contract with named person
249(1)
To sub-contractor, regarding insurance
250(1)
To sub-contractor that fails to maintain insurance cover
251(1)
To sub-contractor, enclosing drawings
252(1)
To sub-contractor, if asked to consent to assignment
253(1)
To sub-contractor that sub-lets without consent
254(1)
To sub-contractor, giving consent to sub-letting
255(1)
To sub-contractor, if no person-in-charge
256(1)
To sub-contractor, requiring compliance with direction
257(1)
To sub-contractor that fails to comply with direction
258(1)
To sub-contractor, if contractor dissents from alleged oral direction
259(1)
To sub-contractor that wrongly confirms an oral direction
260(1)
To sub-contractor that confirms an oral direction which was given
261(1)
To sub-contractor, if non-compliant work allowed to remain
262(1)
To sub-contractor, if defective work opened up
263(1)
To sub-contractor, inspection after failure of work
264(1)
To sub-contractor, after failure of work
265(1)
To sub-contractor, accepting Schedule 2 quotation
266(1)
To sub-contractor, rejecting Schedule 2 quotation
267(1)
To sub-contractor, if necessary to measure work
268(1)
To sub-contractor, fixing a new period for completion
269(1)
To sub-contractor, fixing a new period for completion after practical completion of the sub-contract works
270(1)
To sub-contractor, if no extension of time due
271(1)
To sub-contractor, if claim for extension of time is not valid
272(1)
To sub-contractor, if sub-contract works not complete by due date (a)
273(1)
To sub-contractor, if sub-contract works not complete within the period for completion (b)
274(1)
To sub-contractor, requesting further information in support of a financial claim
275(1)
To sub-contractor, applying for payment of loss and / or expense (a)
276(1)
To sub-contractor, applying for payment of loss and / or expense (b)
277(1)
To sub-contractor, giving notice of an interim payment
278(1)
To sub-contractor, enclosing payment
279(1)
To sub-contractor, giving withholding notice
280(1)
To adjudicator, enclosing written statement
281(1)
To sub-contractor if adjudicator appointed, but there is no dispute
282(1)
To adjudicator, if there is no dispute
283(1)
To sub-contractor, if sub-contractor has wrongly sent 7 day notice of intention to suspend performance of obligations
284(2)
To sub-contractor, if sub-contractor has correctly sent 7 day notice of intention to suspend performance of obligations
286(1)
To sub-contractor, requesting documents for calculation of the final sub-contract sum
287(1)
To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (a)
288(1)
To sub-contractor that has failed to submit documents for the calculation of the final sub-contract sum (b)
289(1)
To sub-contractor, enclosing final payment
290(1)
To employer, giving notice of the named sub-contractor's default
291(1)
To sub-contractor, giving notice of default before termination
292(1)
To sub-contractor, giving notice before determination
293(1)
To architect, if termination of named person's employment possible
294(1)
To sub-contractor, terminating employment after default notice (a)
295(1)
To sub-contractor, determining the sub-contract after notice (b)
296(1)
To sub-contractor, determining the sub-contract without prior notice
297(1)
To sub-contractor, terminating employment after termination of the main contract
298(1)
To sub-contractor, termination on insolvency
299(1)
To sub-contractor, if cessation of terrorism cover notified
300(1)
To sub-contractor, notifying the employer's election after cessation of terrorism cover notified
301(1)
To sub-contractor that serves a default notice (a)
302(1)
To sub-contractor that serves a default notice before determination (b)
303(1)
To sub-contractor that serves notice of termination (a)
304(2)
To sub-contractor that serves notice of determination (b)
306(2)
To architect, if employment of named person terminated
308(1)
To architect, if employment of named person terminated under ICSub/NAM/C clause 7.4, 7.5 or 7.6
309(2)
To architect, if contractor instructed to carry out named person's work after termination of named person's employment
311(1)
To architect, if contractor decides to sub-let after termination of named person's employment
312(1)
To employer, if money recovered after termination of named person's employment
313(1)
To sub-contractor, requesting details for the health and safety file
314(1)
To sub-contractor, if contractor dissents from date of practical completion
315(1)
To sub-contractor, notifying practical completion after earlier dissent
316(1)
To sub-contractor, enclosing schedule of defects
317(1)
To sub-contractor, directing that some defects are not to be made good
318(1)
To sub-contractor, if deduction made under main contract for inaccurate setting out
319(1)
To architect, if action threatened because of named person's design failure
320(1)
To sub-contract architect, engineer or other consultant, regarding professional indemnity insurance
321(1)
To sub-contract architect, engineer or other consultant, if late in providing information
322(1)
To sub-contract architect, engineer or other consultant, if action threatened because of design failure
323(1)
To sub-contract architect, engineer or other consultant, at the end of a successful project
324(1)
Index 325
David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 50 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 twenty years, as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Professor and Senior Research Fellow in Architectural Practice and Management Research at The Queen's University Belfast and 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.