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Table Of Contents

Preface to the Fourth Edition
1.1 The background
1.2 The use of MW and MWD
1.3 Arrangement and contents of MW and MWD
1.4 Contractual formalities
1.5 Problems with the contract documents
1.6 Notices, time and the law
2.1 Introduction
2.2 JCT contracts compared
3.1 Contract documents
3.1.1 Types and uses
3.1.2 Importance and priority
3.1.3 Custody and copies
3.1.4 Limits to use
3.2 Insurance
3.2.1 Injury to or death of persons
3.2.2 Damage to property
3.2.3 Insurance of the Works against fire etc
3.2.4 A new building where the contractor is required to insure
3.2.5 Alterations or extensions to existing structures
3.3 Summary
4.1 Authority and duties
4.2 Express provisions of the contract
4.3 Architect’s instructions
4.4 Summary
5.1 Contractor’s obligations: express and implied
5.1.1 Legal principles
5.1.2 Execution of the works
5.1.3 Workmanship and materials
5.1.4 Statutory obligations
5.1.5 Contractor’s representative
5.2 Other obligations
5.2.1 Access to the works and premises
5.2.2 Compliance with architect’s instructions
5.2.3 Suspension of obligations
5.2.4 Other rights and obligations
5.3 Summary
6.1 Powers and duties: express and implied
6.2 Rights under MW and MWD
6.2.1 General
6.2.2 Damages for non-completion
6.2.3 Other rights
6.3 Duties under MW and MWD
6.3.1 General
6.4 Summary
7.1 Quantity surveyor
7.1.1 Appointment
7.1.2 Duties
7.1.3 Responsibilities
7.2 Clerk of works
7.2.1 Appointment
7.2.2 Duties
7.2.3 Responsibilities
7.3 Summary
8.1 General
8.2 Subcontractors
8.2.1 Assignment
8.2.2 Subcontracting
8.2.3 Nominated subcontractors
8.3 Statutory authorities
8.4 Works not forming part of the contract
8.5 Summary
9.2.1 Definition
9.2.2 Consequences of practical completion
9.3 Rectification period
9.3.1 Definition
9.3.2 Defects, shrinkages and other faults
9.3.3 Frost
9.3.4 Procedure
9.4 Summary
10.1 General
10.2 Extension of time
10.2.1 Legal principles
10.2.2 Liquidated damages
10.2.3 Extending the contract period
10.3 Money claims
10.3.1 General
10.3.2 Types of claims
10.4 Summary
11.1 Contract sum
11.2 Payment before practical completion
11.4 Final certificate
11.5 Effect of certificate
11.6 Interest and withholding payment
11.7 Retention
11.8 Variations
11.9 Order of work
11.10 Provisional sums
11.11 Fluctuations
11.12 Summary
12.1 General
12.2 Termination by the employer
12.2.1 Grounds and procedure
12.2.2 Consequences of employer termination
12.3 Termination by the contractor
12.3.1 General
12.3.2 Grounds and procedure
12.3.3 Consequences of contractor termination
12.4 Termination by either employer or contractor
12.5 Summary
13.1 General
13.2 Documents
13.3 The contractor’s obligations
13.4 Liability
13.5 Integration of the CDP
13.6 Contractor’s information
13.7 Variations
13.8 Other matters
13.9 Summary
14.1 General
14.2 Adjudication
14.2.1 The contract provisions
14.2.2 The Scheme: starting the adjudication process
14.2.3 The Scheme: appointment of the adjudicator
14.2.4 The Scheme: the adjudication process
14.2.5 The Scheme: important powers and duties of the adjudicator
14.2.6 The Scheme: the decision
14.2.7 The Scheme: award of costs
14.3.2 The appointment of an arbitrator
14.3.3 Powers of the arbitrator
14.3.4 CIMAR procedure
14.4 Legal proceedings
Clause Number Index to Text
P. 1
The JCT Minor Works Building Contracts 2005

The JCT Minor Works Building Contracts 2005

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Published by Wiley
The Minor Works Contract is the most widely used of the JCT forms of contract, not only for simple, short contracts of moderate price, for which it is intended, but also for much larger projects for which it is often not suited at all. As a result, contractual difficulties can arise, and despite the form's simplicity an understanding of the legal background to the form is essential.



This book explains the practical applications of the form from the point of view of the employer, architect and contractor. It provides a straightforward explanation of the legal aspects of the form supported by flow charts, tables and sample letters.



The fourth edition has been substantially revised to take account of the revised 2005 contract for minor works (MW), as well as the completely new form catering for those instances when the contractor undertakes some design work as well as construction (MWD).



There is some new terminology in the contracts and the clauses have been substantially reorganised and reworded. Contract particulars and schedules have been added. Account has been taken of some 30 new cases and of the 2004 editions of the RIBA terms of engagement.





The Author



David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last fifteen years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely.







Cover design by Simon Witter
The Minor Works Contract is the most widely used of the JCT forms of contract, not only for simple, short contracts of moderate price, for which it is intended, but also for much larger projects for which it is often not suited at all. As a result, contractual difficulties can arise, and despite the form's simplicity an understanding of the legal background to the form is essential.



This book explains the practical applications of the form from the point of view of the employer, architect and contractor. It provides a straightforward explanation of the legal aspects of the form supported by flow charts, tables and sample letters.



The fourth edition has been substantially revised to take account of the revised 2005 contract for minor works (MW), as well as the completely new form catering for those instances when the contractor undertakes some design work as well as construction (MWD).



There is some new terminology in the contracts and the clauses have been substantially reorganised and reworded. Contract particulars and schedules have been added. Account has been taken of some 30 new cases and of the 2004 editions of the RIBA terms of engagement.





The Author



David Chappell BA(HonsArch), MA (Arch), MA (Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in the public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and, for the last fifteen years, as a construction contract consultant . He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He was Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely.







Cover design by Simon Witter

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Publish date: Apr 15, 2008
Added to Scribd: Jun 16, 2013
Copyright:Traditional Copyright: All rights reservedISBN:9780470759738
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