Guide to JCT Standard Building Contract 2016

Table of contents

1. Cover
2. Title
3. Copyright
4. Foreword
5. About the author
6. Contents
7. About this Guide
8. 1 About SBC16
   1. Key features
   2. Deciding on SBC16
   3. Changes in the 2016 edition
9. 2 The contract documents
   1. ‘Contract Documents’
      1. Contract drawings
      2. Contract bills
      3. Employer’s requirements
      4. Contractor’s proposals
      5. CDP analysis
      6. BIM and other protocols
   2. Other documents
      1. Activity schedule
      2. Information release schedule
      3. Health and safety documents
      4. Bonds
   3. Sub-contract documents
   4. Use of documents
      1. Interpretation, definitions
      2. Priority of contract documents
      3. Inconsistencies, errors or omissions
      4. Errors in the contract bills
      5. The contract bills and contract drawings
      6. Employer’s requirements and contractor’s proposals
      7. Divergences from statutory requirements
      8. Custody and control of documents
   5. Assignment and third party rights
      1. Assignment
      2. Third party rights/warranties
      3. Procedure with respect to third party rights and warranties
10. 3 Obligations of the contractor
    1. The works
    2. Contractor’s design obligation
       1. Extent of design liability
       2. Level of design liability
    3. Materials, goods and workmanship
    4. Obligations in respect of quality of sub-contracted work
    5. Compliance with statute
    6. Other obligations
11. 4 Programme
    1. Possession by the contractor
    2. Progress
    3. Completion
    4. Pre-agreed adjustment
    5. Extensions of time
       1. Principle
       2. Procedure
       3. Assessment
    6. Partial possession
    7. Use or occupation before practical completion
    8. Practical completion
       1. Procedure at practical completion
    9. Failure to complete by the completion date
    10. Liquidated damages
12. 5 Control of the works
    1. Site manager and contractor’s persons
    2. Employer’s representative
    3. Clerk of works
    4. Principal contractor
    5. Information to be provided by the contract administrator
    6. Information provided by the contractor
       1. Contractor’s design submissions
       2. Schedule 1 procedure
    7. Contract administrator’s instructions
    8. Variations
       1. Variations to the contractor’s designed portion
    9. Defective work
       1. Testing work
       2. Non-compliance with clause 2.1
    10. Sub-contracted work
        1. Domestic sub-contractors
        2. Listed sub-contractors
        3. Named specialists
    11. Work not forming part of the contract/persons engaged by the employer
    12. Making good defects
13. 6 Sums properly due
    1. An approximate quantity
    2. Provisional sums
       1. Defined work
       2. Undefined work
    3. Valuation of variations
       1. Schedule 2 variation quotations
       2. Valuation by the quantity surveyor
    4. Reimbursement of direct loss and/or expense
    5. Fluctuations
14. 7 Payment
    1. Advance payment
    2. Interim certificates – timing
    3. Procedure for ascertaining amounts due
    4. Coverage of the certificate
       1. Value of work properly executed
       2. Unfixed materials
       3. ‘Listed Items’
       4. Costs and expenses due to suspension
       5. Sum due
       6. Retention
       7. Bond in lieu of retention
       8. Advance payments and bonds
       9. VAT
    5. Payment procedure
       1. Payment when no certificate is issued
    6. Deductions
       1. Contractor’s position if the certificate is not paid
       2. Contractor’s position if it disagrees with amount certified
    7. Interim payment on practical completion
    8. Final certificate
       1. Payment when no final certificate is issued
       2. Conclusive effect of final certificate
15. 8 Insurance
    1. Injury to persons and damage to property
    2. Damage to property not caused by the negligence of the contractor
    3. Insurance of the works
    4. Action following damage to the works
    5. Terrorism cover
    6. Professional indemnity insurance
    7. The Joint Fire Code
    8. Other insurance
    9. The contract administrator’s role in insurance
16. 9 Termination
    1. Repudiation or termination
    2. Termination by the employer
       1. Insolvency of the contractor
       2. Consequences of termination
    3. Termination by the contractor
       1. Consequences of termination by the contractor
    4. Termination by either the employer or the contractor
    5. Termination of a named specialist’s employment
17. 10 Dispute resolution
    1. Negotiation
    2. Alternative dispute resolution
    3. Adjudication
    4. Arbitration
    5. Arbitration and adjudication
    6. Arbitration or litigation
18. Appendix A: Specimen activity schedule
19. References
    1. Publications
    2. Cases
    3. Legislation
20. Clause Index
21. Subject Index