- •Introduction
- •List of tables
- •List of figures
- •Table of cases
- •Table of statutes
- •Glossary
- •1 UK construction sector context
- •1.1 The nature of the sector
- •1.2 The nature of professionalism in construction
- •1.3 The nature of projects
- •1.4 Procurement methods
- •2 Roles and relationships
- •2.1 Common problems
- •2.2 Client roles
- •2.3 Consultant roles
- •2.4 Professional services agreements
- •2.5 Architect
- •2.6 Quantity surveyor
- •2.7 Typical terms in professional services agreements
- •2.8 Integrated documentation
- •3 General contracting
- •3.1 Background
- •3.2 Use of general contracting
- •3.3 Basic characteristics
- •3.4 Risk in general contracting
- •3.5 Standardized approaches to general contracting
- •4 Design-build
- •4.1 Background
- •4.2 Features of DB contracts
- •4.3 Use of the JCT design build form (JCT DB 11)
- •4.4 Characteristics of JCT DB 11
- •4.5 Risk in DB
- •4.6 Approaches to DB
- •5 Construction management
- •5.1 Background
- •5.2 Use of construction management contracts
- •5.3 Principles of CM contracting
- •5.4 Overview of JCT CM Contract
- •5.5 Allocation of risk in construction management
- •5.6 Approaches to construction management
- •6 Collaborative contracting
- •6.1 Background
- •6.2 Use of collaborative contracting
- •6.3 Principles of collaborative contracting
- •6.4 Characteristics of collaborative contracting
- •6.5 Risk in collaborative contracting
- •6.6 Approaches to collaborative contracting
- •7 Risk allocation and procurement decisions
- •7.1 Types of risk in construction contracts
- •7.2 Dealing with risk
- •7.3 Procurement
- •7.4 Identifying and choosing procurement methods
- •7.5 Characteristics of procurement methods
- •8 Contract choice
- •8.1 Use of standard contracts
- •8.2 Contract drafting
- •8.3 JCT contracts
- •8.5 The burgeoning landscape of standard forms
- •9 Tendering and contract formation
- •9.1 The meaning of construction contracts
- •9.2 The formation of contracts by agreement
- •9.3 Contracts made by tender
- •10 Liability in contract and tort
- •10.1 Express terms
- •10.2 Exemption clauses
- •10.3 Incorporation by reference
- •10.4 Implied terms
- •10.5 Liability in tort for negligence
- •11.1 Standard of work
- •11.2 Statutory obligations
- •11.4 Transfer of materials
- •12.1 Implied obligations
- •12.3 Responsibility for the contract administrator
- •12.4 Responsibility for site conditions
- •12.5 Health and safety
- •13 Responsibility for design
- •13.1 Design management
- •13.2 Design duties in law
- •13.3 Legal responsibility for design
- •14 Time
- •14.1 Commencement
- •14.2 Progress
- •14.3 Completion
- •14.5 Adjustments of time
- •15 Payment
- •15.2 The contract sum
- •15.3 Variations
- •15.4 Fluctuations
- •15.5 Retention money
- •16.1 Contract claims and damages
- •16.2 Grounds for contractual claims
- •16.3 Claims procedures
- •16.4 Quantification of claims
- •17 Insurance and bonds
- •17.1 Insurance
- •17.2 Bonds and guarantees
- •18 Role of the contract administrator
- •18.2 Contract administrator as independent certifier
- •19 Sub-contracts
- •19.3 The contractual chain
- •19.7 Collateral warranties
- •20 Financial remedies for breach of contract
- •20.1 General damages
- •20.2 Liquidated damages
- •20.3 Quantum meruit claims
- •21 Defective buildings and subsequent owners
- •21.1 Claims in negligence
- •21.2 Statutory protection
- •21.3 Alternative forms of legal protection
- •21.4 Assessment of damages
- •22 Suspension and termination of contracts
- •22.1 Suspension of work
- •22.2 Termination for breach at common law
- •22.3 Termination under JCT contracts
- •22.4 Termination under NEC contracts
- •22.5 Termination under FIDIC contracts
- •22.6 Termination of contract by frustration
- •23 Non-adversarial dispute resolution
- •23.1 Background to disputes
- •23.2 The nature of construction disputes
- •23.3 The role of the contract administrator
- •23.4 Methods of dispute resolution
- •24 Adversarial dispute resolution
- •24.1 Adjudication
- •24.2 Arbitration
- •24.3 Litigation
- •24.4 Arbitration or litigation?
- •References
- •Author index
- •Subject index
Table of statutes
Ancient Monuments and Archaeological Areas Act 1979 |
184 |
|
Arbitration Act 1950 |
|
263, 412 |
Arbitration Act 1996 |
144, 391, 395, 399–407, 412, 413 |
|
Bribery Act 2010 |
|
180 |
Building Act 1984 |
|
5, 353 |
Building Regulations 1985 |
|
180 |
Civil Liability (Contribution) Act 1978 |
|
275, 278, 298 |
Civil Procedure (Amendment) Rules 2013 |
|
386, 408 |
Civil Procedure Rules (SI 1998 No 3132) |
|
407 |
Climate Change and Sustainable Energy Act 2006 |
5 |
|
Construction (Design and Management) Regulations 2015 |
5, 180, 181, |
|
|
|
183, 196, 204, 216, 293 |
Consumer Protection Act 1987 |
|
352 |
Contracts (Rights of Third Parties) Act 1999 |
|
142, 306, 320, 353, 358 |
Corporate Manslaughter and Corporate Homicide Act 2007 |
180 |
|
Defective Premises Act 1972 |
|
351, 352 |
Health and Safety at Work Act 1974 |
|
5, 180 |
Housing Grants, Construction and Regeneration Act 1996 |
27, 133, 144, |
|
220, 230, 252, 308, 310, 315, 346, 361, 390, 391–98 |
||
Human Rights Act 1998 |
|
392 |
Late Payment of Commercial Debts (Interest) Act 1998 |
232, 264 |
|
Law of Property (Miscellaneous Provisions) Act 1989 |
144 |
|
Law Reform (Contributory Negligence) Act 1945 |
173 |
|
Law Reform (Frustrated Contracts) Act 1943 |
|
377 |
Limitation Act 1980 |
|
144, 172, 413 |
Local Democracy, Economic Development and Construction Act |
||
2009 |
133, 144, 230, 308, 315, 346, 391–98 |
|
Local Government Act 1972 |
|
152 |
Local Government Act 1988 |
|
152 |
Local Land Charges Act 1979 |
|
184 |
Localism Act 2011 |
|
5 |
Occupiers’ Liability Act 1957 |
|
5 |
Occupiers’ Liability Act 1984 |
|
5 |
Planning Act 2008 |
|
5 |
Planning and Compulsory Purchase Act 2004 |
|
5 |
Sale and Supply of Goods Act 1994 |
|
169, 178 |
Sale of Goods Act 1979 |
|
318 |
Scheme for Construction Contracts (England and Wales) |
|
|
Regulations (SI 1998 No 649) |
|
230, 346, 393, 395 |
Scheme for Construction Contracts (England and Wales) |
|
|
Regulations 1998 (Amendment) (England) Regulations (SI 2011 |
||
No 2333) |
|
230 |
xxvi Construction contracts |
|
|
Statute of Frauds 1677 |
|
279 |
Supply of Goods and Services Act 1982 |
|
169, 176, 178, 341 |
Supreme Court Act 1981 |
|
263 |
Sustainable and Secure Buildings Act 2004 |
|
5 |
Third Parties (Rights Against Insurers) Act 1930 |
|
268 |
Town and Country Planning Act 1947 |
|
5 |
Town and Country Planning Act 1990 |
|
5 |
Unfair Contract Terms Act 1977 |
118, 166, 281, 307, 338, 345 |
|
Unfair Terms in Consumer Contracts Regulations 1994 |
167 |
|
Unfair Terms in Consumer Contracts Regulations 1999 |
167, 392 |
|
Glossary
ACA |
Association of Consulting Architects |
ACE |
Association of Consulting Engineers |
ADR |
Alternative Dispute Resolution |
BEC |
Building Employers’ Confederation (now CC) |
BOOT |
Build, Own, Operate, Transfer |
CD 98 |
JCT Standard form of Building Contract with Contractor’s |
|
Design, 1998 |
CDM |
Construction (Design and Management) Regulations 2015 |
CDP |
Contractor’s Design Portion |
CECA |
Civil Engineering Contractors Association |
CEDR |
Centre for Effective Dispute Resolution |
CESMM3 |
Civil Engineering Standard Method of Measurement (3rd |
|
edition) |
CIB |
Construction Industry Board |
CIS |
Construction Industry Scheme |
CIC |
Construction Industry Council |
CIOB |
Chartered Institute of Building |
CIMAR |
Construction Industry Model Arbitration Rules 2011 |
CM 02 |
JCT Construction Management documentation, 2002 |
CPR |
Civil Procedure Rules |
CWa/F |
JCT Collateral Warranty for Funding Institutions |
CWa/P&T |
JCT Collateral Warranty for Purchasers and Tenants |
DAB |
Dispute Adjudication Board |
DB 05 |
JCT Design and Build Contract, 2005 |
DBFO |
Design, Build, Finance and Operate |
DOM/2 |
BEC Domestic Sub-contract for use with JCT CD 81 |
DRB |
Dispute Resolution Board |
ECC |
Engineering and Construction Contract |
FA 11 |
JCT Framework Agreement, 2011 |
FASS |
Federation of Associations of Specialists and Sub- |
|
contractors |
FBSC |
Federation of Building Specialist Contractors |
FCEC |
Federation of Civil Engineering Contractors |
FEIC |
European International Federation of Construction |
FIDIC |
Fédération Internationale des Ingénieurs-Conseils |
|
(International Federation of Consulting Engineers) |
GC/Works/1 |
General Conditions of Government Contract for Building |
|
and Civil Engineering Works (now PSA/1) |
IC 11 |
JCT Intermediate Building Contract, 2011 |
ICC |
International Chamber of Commerce |
ICE |
Institution of Civil Engineers |
ICE 7 |
ICE Conditions of Contract, 7th ed., measurement version |
xxviii |
Construction contracts |
ICSub/A |
JCT Intermediate Sub-Contract Agreement |
ICSub/C |
JCT Intermediate Sub-Contract Conditions |
ICSub/D/A |
Intermediate Sub-Contract with Sub-Contractor’s Design |
|
Agreement |
ICSub/D/C |
Intermediate Sub-Contract with Sub-Contractor’s Design |
|
Conditions |
ICSub/NAM |
JCT Intermediate Named Sub-Contract Tender and |
|
Agreement |
ICSub/NAM/C |
JCT Intermediate Named Sub-Contractor Conditions |
ICSub/NAM/E |
JCT Intermediate Named Sub-Contractor/Employer |
|
Agreement |
IFC 98 |
JCT Intermediate Form of Building Contract, 1998 |
JCT |
Joint Contracts Tribunal |
JCT 63 |
JCT Standard form of Building Contract, 1963 |
JCT 80 |
JCT Standard form of Building Contract, 1980 |
JCT 98 |
JCT Standard form of Building Contract, 1998 |
JCT SBC 11 |
JCT Standard form of Building Contract, 2011 |
KPI |
Key Performance Indicator |
LADs |
Liquidated and Ascertained Damages |
LDEDCA |
Local Democracy, Economic Development and |
|
Construction Act 2009 |
MC 98 |
JCT Standard form of Management Contract, 1998 |
MP 11 |
JCT Major Project Construction Contract, 2011 |
MTC 11 |
JCT Measured Term Contract, 2011 |
MW 11 |
JCT Minor Works Building Contract, 2011 |
NEC 3 |
Engineering and Construction Contract, 3rd ed., 2005 (part |
|
of the New Engineering Contract suite) |
NFBTE |
National Federation of Building Trades Employers |
NHBC |
National House Building Council |
NJCC |
National Joint Consultative Committee for Building |
NRM |
New Rules of Measurement |
OR |
Official Referee |
PACE |
Property Advisors to the Civil Estate |
PCC 11 |
JCT Prime Cost Building Contract, 2011 |
RIBA |
Royal Institute of British Architects |
RICS |
Royal Institution of Chartered Surveyors |
SBC 11 |
JCT Standard Building Contract, 2011 |
SCWa/E |
JCT Sub-Contractor Collateral Warranty for Employer |
SECG |
Specialist Engineering Contractors’ Group (formerly |
|
CASEC) |
SFA/99 |
RIBA Standard Form of Agreement for the Appointment of |
|
an Architect, 1999 |
TCC |
Technology and Construction Court |
TeCSA |
Technology and Construction Solicitors’ Association |