Find Your Way Around JCT 98: Private With Quantities (Find Your Way Round...)

225 Pages·2001·0.9 MB·English

by  Richard Woolley

Find Your Way Around JCT 98
Private With Quantities

Richard Woolley
London and New York
First published 2001 by
Spon Press, 11 New Fetter Lane, London, EC4P 4EE.
Simultaneously published in the USA and Canada by
Spon Press, 29 West 35th Street, New York, NY 10001.

This edition published in the Taylor & Francis e-Library, 2003.

Spon Press is an imprint of the Taylor & Francis Group

© Richard Woolley

Publisher’s Note
This book was prepared from camera-ready copy supplied by the author
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other
means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without
permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested

ISBN 0-203-30265-6 Master e-book ISBN

ISBN 0-203-34450-2 (Adobe eReader Format)
ISBN 0-415-23482-4 (Print Edition)
CONTENTS
Page Page
Introduction vii CERTIFICATES (FINAL) 29
Abbreviations ix CERTIFICATES (PRACTICAL COMPLETION) 31
Foreword xiv CLERK OF WORKS 32
ACCESS TO WORKS (Ingress and Egress) 1 COMPLETION DATE 33
ACTIVITY SCHEDULE 2 CONDITIONS OF CONTRACT 35
ADJUDICATOR/ADJUDICATION 3 CDM REGULATIONS 1994 41
ARBITRATOR/ARBITRATION 4 CONTRACT BILLS 42
ARCHITECT MAY… 6 CONTRACT SUM 48
ARCHITECT’S OPINION 8 CONTRACTOR MAY… 52
ARCHITECT’S SATISFACTION 10 CONTRACTOR SHALL… 55
ARCHITECT SHALL… 11 CONTRACTOR’S STATEMENT 66
ARTICLES OF AGREEMENT 17 DATE OF COMPLETION 67
ASSIGNMENT 19 DAYWORK 68
BASE DATE 20 DEDUCTIONS 69
CERTIFICATES (GENERAL) 22 DEEMED TO BE 72
CERTIFICATES (INTERIM) 26 DEFECTS 75
CONTENTS
Page Page
DELAY 77 MATERIALS/GOODS 125
DETERMINATION 79 MEASUREMENT 131
DIRECT LOSS/EXPENSE 81 NOMINATED SUB-CONTRACTORS 132
DISCOUNT 84 NOMINATED SUPPLIERS 137
DISPUTES/DIFFERENCES 85 NOTICE/NOTIFY 138
DOCUMENTS 87 NUMBERED DOCUMENTS 147
DOMESTIC SUB-CONTRACTOR 90 PAYMENT 148
DRAWINGS 92 PERFORMANCE SPECIFIED WORK 157
EMPLOYER MAY… 94 POSSESSION 159
EMPLOYER SHALL… 98 POSTPONEMENT 160
ERROR 104 PRACTICAL COMPLETION 161
EXTENSION OF TIME 105 PRICE STATEMENT 164
FLUCTUATIONS 108 PRIME COST SUMS 165
INDEMNITY 109 PROVISIONAL SUMS 166
INSTRUCTIONS 111 QUANTITY SURVEYOR 168
INSURANCE 121 13A QUOTATION 170
LIQUIDATED DAMAGES 124 REASONABLE 172
iv
CONTENTS
Page Page
RELEVANT EVENT 182 VALUATION 190
RETENTION 183 VARIATION 193
RISK 185 VAT 197
ROYALTIES AND PATENT RIGHTS 186 WORKMANSHIP 198
SPECIFIED PERILS 187 WRITING 200
STATUTORY REQUIREMENTS 188
TENDER (for nominated work) 189 Appendix 208

INTRODUCTION
THE PURPOSE OF THIS BOOK
Although they are legal documents, Contract Forms should be seen primarily as sets of practical rules whose function is to provide smooth and efficient
systems for establishing and controlling responsibilities amongst the participants on matters related mainly to quality, performance and payment. For
them to achieve their purpose satisfactorily, all participants must know and understand their duties, responsibilities and undertakings thoroughly.
By their nature, construction contracts are complex documents in which reference to a particular topic covered by the Conditions may be found in several
Clauses in addition to the Clause principally applicable to that topic. To read and retain permanently in the memory, not only all the provisions of such
a document as JCT 98 but also their precise location in it. is a feat of which few would claim to be capable. Nonetheless, the ability to find quickly in the
Conditions all the requirements related to a particular topic, is one of the fundamental duties of each participant whether he be the employer, contractor,
architect, engineer, quantity surveyor or lawyer.
This essentially practical book has been compiled to assist you find all the references to each of over seventy of the topics most commonly encountered
and discussed in the administration of JCT 98.
HOW TO USE THIS BOOK
In the first place, it must be understood that this book is a topic index. It does not attempt to interpret or comment on the Contract Conditions in any way.
Anything contained in it, must not be read as an opinion or view on any matter covered by the Contract. The brief descriptions given under the heading
‘Signpost’ simply indicate the subjects which will be found covered by the particular Clause or Sub-Clause within the context of the topic heading at the
top of the page.
As an example to illustrate the use of this book, consider there is a decision to be made concerning the Completion Date. Turn to the pages headed
COMPLETION DATE. The first item on the first page shows you where to look in the Conditions to find the main Clause dealing with the topic. The
other 19 items listed are the locations in the Conditions where you will find further reference to the topic of COMPLETION DATE. The descriptions
under ‘Signpost’ will tell you whether the subject mentioned within each of those other Clauses is likely to be relevant to the particular problem before
you. In every case, you must read the Contract after being directed by the ‘Signpost’. The descriptions given as ‘Signposts’ only indicate the subject
matter of the references. They are not to help you avoid reading the Contract.
THE APPENDIX
Topics listed in the Appendix are also frequently the subject of debate but have not been included in the main body of the book as reference is made to
each of them within no more than two clauses.
THE SCOPE OF THIS BOOK
This publication analyses the Articles of Agreement, Parts 1–5 and the Appendices and includes Amendment 1 (June 1999), Amendment 2 (January
2000) and Optional Clause 30.4A (January 2000) for the ‘PrivateWith Quantities’ Variant of the Standard Form of Building Contract 1998 Edition issued
by the Joint Contracts Tribunal.
viii
ABBREVIATIONS
Sundry abbreviations
CCMGD Certificate of Completion of Making Good Defects
CDM Construction (Design and Management) Regulations 1994
CIMAR Construction Industry Model Arbitration Rules
cl. Clause
cls. Clauses
CPC Certificate of Practical Completion
DLP Defects Liability Period
H&S Health and Safety
NSC Nominated Sub-Contractor
N. Supp. Nominated Supplier
PC Practical Completion
PS Price Statement
PSW Performance Specified Work
QS Quantity Surveyor
RICS Royal Institution of Chartered Surveyors
SMM7 Standard Method of Measurement 7th Edition
VAT Value added tax