(Ebook) The JCT 2011 Building Sub contracts 1st Edition by Peter Barnes, Matthew Davies ISBN 9781118655634 1118655494

1: Background and Introduction

1.1 The Joint Contracts Tribunal (JCT)

1.2 Sub-contracting

1.3 The formation of contracts and sub-contracts

1.4 Standard forms of contract and sub-contract

1.5 The JCT Sub-contracts dealt with within the chapters of this book

1.6 The JCT Sub-contracts not dealt with in the chapters of this book

Notes

2: The Sub-contract Agreement

2.1 Introduction

2.2 The structure of the sub-contract agreement

2.3 The recitals

2.4 The articles

2.5 The sub-contract particulars

2.6 Attestation forms

2.7 Schedule of information

2.8 Supplementary particulars

2.9 Equivalent sub-contract provisions

Notes

3: Definitions and Interpretations

3.1 Introduction

3.2 Definitions

3.3 Interpretation

3.4 Reckoning periods of days

3.5 Contracts (Rights of Third Parties) Act 1999

3.6 Giving of service of notices and other documents

3.7 Effect of the final payment notice (or the default payment notice)

3.8 Applicable law

3.9 Equivalent sub-contract provisions

Note

4: Sub-contractors' General Obligations

4.1 Introduction

4.2 General obligations

4.3 Sub-contractor's design

4.4 Materials, goods and workmanship

4.5 Compliance with main contract and indemnity

4.6 Errors, discrepancies and divergences

Notes

5: Time

5.1 Introduction

5.2 Time and the adjustment to the period for completion

5.3 Practical completion and lateness

5.4 Equivalent sub-contract provisions

Notes

6: Defects, Design Documents and Warranties

6.1 Introduction

6.2 Defects

6.3 Sub-contractor's design documents

6.4 Collateral warranties

Notes

7: Control of the Sub-contract Works

7.1 Introduction

7.2 Assignment and sub-letting

7.3 Person-in-charge

7.4 Access provided by the sub-contractor

7.5 Opening up the works and remedial measures

7.6 Attendance and site conduct

7.7 Health and safety and CDM

7.8 The CDM Regulations (i.e. the Construction (Design and Management) Regulations 2015)

7.9 Suspension of the main contract by the contractor

7.11 Certificates/statements or notices under the main contract

Notes

8: Payment

8.1 Introduction

8.2 The amount due in respect of interim payments

8.3 Unfixed materials

8.4 The amount due in respect of the final payment

8.5 Retention

8.6 Payment due dates and final dates for payment for interim payments

8.7 Payment Notices and Pay Less Notices for interim payments

8.8 The payment due date and the final date for payment for the final payment

8.9 Payment Notices and Pay Less Notices in respect of the final payment

8.10 VAT (Value Added Tax)

8.11 Construction Industry Scheme (CIS)

8.12 Interest

8.13 Sub-contractor's right of suspension

8.14 Fluctuations

8.15 Equivalent sub-contract provisions

Notes

9: Loss and Expense

9.1 Introduction

9.2 Can common law damages claims be excluded by the contract?

9.3 Are claims for extensions of time and loss and/or expense linked?

9.4 What are the grounds/requirements for loss and expense?

9.5 What are Relevant Sub-contract Matters?

9.6 Can the contractor recover direct loss and/or expense from the sub-contractor?

9.7 In pursuing a loss and expense claim, what does a sub-contractor need to prove?

9.8 What needs to be proved in a loss and expense claim document?

9.9 What is a global claim?

9.10 Common heads of a loss and expense claim

9.11 Prolongation costs

9.12 Disruption claims

9.13 Winter working

9.14 Head office overheads and profit

9.15 Loss of profit

9.16 Increased costs

9.17 Cost of claim preparation

9.18 Interest and finance charges

9.19 Acceleration

9.20 Common law damages

9.21 Equivalent sub-contract provisions

Notes

10: Variations

10.1 Introduction

10.2 What is a variation?

10.3 How is a variation instructed?

10.4 Can a variation vitiate a contract?

10.5 Must a sub-contractor comply with all variation directions issued?

10.6 Must a sub-contractor comply with all variation directions issued that may injuriously affect the efficacy of the sub-contractor's design?

10.7 What happens if a sub-contractor does not comply with a direction issued?

10.8 How should variations be valued?

10.9 How should variations that relate to a sub-contractor's design work be valued?

10.10 What is the procedure to be followed in respect of a schedule 2 quotation?

10.11 What are the valuation rules?

10.12 Equivalent sub-contract provisions

Notes

11: Injury, Damage and Insurance

11.1 Introduction

11.2 Sub-contractor's liability for personal injury or death

11.3 The sub-contractor's liability for injury or damage to property

11.4 The sub-contractor's liability for loss or damage to the sub-contract works

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?

11.6 What is the sub-contractor's liability for damage to the sub-contract works?

11.7 What are the employer's options where terrorism cover is not available?

11.8 Is the contractor responsible for damage caused to the sub-contractor's plant, etc.?

11.9 Is the sub-contractor required to take out professional indemnity insurance?

11.10 When and how does the Joint Fire Code apply?

11.11 Equivalent sub-contract provisions

12: Termination of Sub-contract

12.1 Introduction

12.2 How can a contract come to an end?

12.3 What can cause a sub-contract to be terminated?

12.4 What is a breach of contract?

12.5 Will any breach of contract enable one to terminate the sub-contract?

12.6 What is a repudiatory breach at common law?

12.7 Why have termination provisions in the contract if the sub-contract can be terminated at common law?

12.8 What is the effect of a sub-contract being terminated at common law?

12.9 Are the effects of a sub-contract being terminated under common law or by contractual provisions the same?

12.10 Where can the contractual termination provisions be located in the Sub-contract?

12.11 Are the party's common law termination rights preserved under the Sub-contract?

12.12 What reasons give the contractor a right to terminate the sub-contractor's employment under the JCT Sub-contract Conditions?

12.13 What is deemed to be default by the sub-contractor under clause 7.4.1 of SBCSub/D/C?

12.14 What happens when a sub-contractor commits a specified default noted at clause 7.4.1 of SBCSub/D/C?

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?

12.16 What does insolvency of the sub-contractor mean?

12.17 What happens when the sub-contractor becomes insolvent?

12.18 What does corruption entail?

12.19 What are the consequences of the contractor terminating the sub-contractor's employment?

12.20 What reasons give the sub-contractor the right to terminate his or her employment under the JCT sub-contract conditions?

12.21 What is deemed to be default by the contractor under clause 7.8.1 of SBCSub/D/C?

12.22 What happens when a contractor commits a specified default noted under clause 7.8.1 of SBCSub/D/C?

12.23 What does insolvency of the contractor mean?

12.24 What happens when the contractor becomes insolvent?

12.25 What are the consequences of the sub-contractor terminating his or her own employment?

12.26 If a sub-contractor's employment is terminated for any reason, can it subsequently be reinstated?

12.27 Equivalent sub-contract provisions

Notes

13: Settlement of Disputes

13.1 Introduction

13.2 Mediation

13.3 Adjudication

13.4 Arbitration

13.5 Litigation

13.6 Equivalent sub-contract provisions

Notes

Table of Cases

Table of Statutes and Regulations

Index