book

Guide to JCT Minor Works Building Contract 2016

by Sarah Lupton

July 2019

Intermediate to advanced

128 pages

4h 32m

English

RIBA Publishing

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Key featuresChanges since MW11Use in different situationsUse by domestic clientsUse by public bodiesAdvising on MW16Some general principles of contract lawFormationExpress termsImplied termsExemption clauses
TenderingTendering proceduresContract documentsHealth and safety documentsExecutionUse of documentsInterpretation, definitionsPriority of contract documentsInconsistencies, errors or omissionsCustody and control of documentsSub-contract documents
The worksDesignMaterials, goods and workmanship: MW16Materials, goods and workmanship: MWD16Obligations in respect of quality of sub-contracted workCompliance with statuteHealth and safety legislationOther obligations

Commencement by the contractorOccupation by the employerProgressCompletionExtensions of timePrincipleProcedureAssessmentOccupation before practical completionPractical completionPractical completion of the worksProcedure at practical completionFailure to complete by the completion dateLiquidated and ascertained damages
Person in chargeClerk of worksSub-contracted workWork not forming part of the contract/persons engaged by the employerPrincipal designerInformation to be provided by the contract administratorInformation provided by the contractorInspection and testsContract administrator’s instructionsVariationsDefective workMaking good defects
Provisional sumsValuation of variationsDirect loss and/or expenseFluctuations
Interim paymentsValue of work properly executedAccepting defective workUnfixed materials and goodsRetentionPayment procedurePayment when no certificate is issuedDeductionsEmployer’s obligation to payContractor’s position if the certificate is not paidContractor’s position if it disagrees with an amount certifiedCertificates after practical completionFinal certificateConclusive effect of final certificate
Injury to personsDamage to propertyInsurance of the worksAction following damage to the worksThe contract administrator’s role in insurance
Repudiation or terminationTermination by the employerInsolvency of the contractorTermination by the contractorTermination by either party
Alternative dispute resolutionAdjudicationArbitrationLitigation
PublicationsCasesLegislation