The 2016 edition of the JCT Minor Works Building Contract contains a great many changes from the 2011 and 2005 editions, many of which are apparently minor but all are significant.This 5th edition has been comprehensively re-written to address these changes and to make them easier to understand. Busy architects and contractors will find the book a ready source of answers when they have a question and a guide to what to do in various circumstances.
About the Author David Chappell BA (Hons Arch) MA(Arch) MA(Law) PhD RIBA is an architect who has worked in both the public and private sectors, as well as in contract administration and as a lecturer in construction law and contracts procedure. He was Professor of Architectural Practice and Management Research at The Queens University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. Since 1989, he has practiced as a contracts consultant and adjudicator, both for a large consultancy and for the last twenty-three years as director of his own consultancy. He is an experienced adjudicator and the author of many books for the construction industry.
Preface to the Fifth Edition Chapter 1 Introduction 1.1 Some general things about contracts 1.2 Some background to MW and MWD 1.3 When to use MW and MWD 1.4 How to use 1.5 What is the contract? 1.6 How to complete the contract form 1.7 Priority of documents 1.8 Inconsistencies and divergences 1.9 Custody and copies 1.10 Limits to use 1.11 Notices, time and the law 1.12 Common problems Chapter 2 Some basics 2.1 Works 2.2 Drawings 2.3 Copyright 2.4 Specification 2,5 Schedules 2.6 Privity of contract and third party rights 2.7 Base date 2.8 Common problems Chapter 3 Things you must know 3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended) 3.2 Express and implied terms 3.3 Limitation periods 3.4 Letters of intent 3.5 Quantum meruit 3.6 Common problems Chapter 4 Architect s powers and duties 4.1 Authority and duties 4.2 Duty to act fairly 4.3 An architect in local authority or similar 4.4 Express provisions of the contract 4.5 Common problems Chapter 5 Contractor s powers and duties 5.1 Contractor s obligations: express and implied 5.2 Basic principles 5.3 Carrying out the works 5.4 Workmanship and materials 5.5 Statutory obligations 5.6 Contractor s representative 5.7 Compliance with architect s instructions 5.8 Suspension of obligations 5.9 Common problems Chapter 6 Employer s powers and duties 6.1 Powers and duties: in the contract and elsewhere 6.2 Rights under MW and MWD 6.3 Other rights 6.4 Duties under MW and MWD 6.5 Retention 6.6 Other duties 6.7 Common problems Chapter 7 Quantity Surveyor 7.1 Appointment 7.2 Duties 7.3 Responsibilities 7.4 Common problems Chapter 8 Clerk of Works 8.1 Appointment 8.2 Duties 8.3 Responsibilities 8.4 Common problems Chapter 9 Sub-contractors and Suppliers 9.1 General 9.2 Differences between assignment and sub-contracting 9.3 Assignment 9.4 Subcontracting 9.5 Nominated subcontractors 9.6 Common problems Chapter 10 Statutory matters and work outside the contract 10.1 Statutory authorities 10.2 Works not forming part of the contract 10.3 Common problems Chapter 11 Insurance 11.1 Important 11.2 Injury to or death of persons 11.3 Damage to property 11.4 Evidence of insurance 11.5 Loss or damage 11.6 Common problems Chapter 12 Possession of the site 12.1 Important points 12.2 Date for possession 12.3 Failure to give possession 12.4 Common problems Chapter 13 Extension of time 13.1 Why necessary? 13.2 Extension of time 13.3 Reasons 13.4 Failure to notify delay 13.5 Does an extension of time entitle the contractor to any money? 13.6 Common problems Chapter 14 Liquidated damages 14.1 What are liquidated damages? 14.2 Liquidated damage or penalty? 14.3 Procedure 14.4 Common problems Chapter 15 Financial claims 15.1 General 15.2 Dealing with loss and/or expense 15.3 Types of claims 15.4 Common problems Chapter 16 Architect s Instructions 16.1 Architect s instructions 16.2 Contractor s objection 16.3 Specific instructions 16.4 Other instructions which will be empowered 16.5 Common problems Chapter 17 Variations 17.1 Variations 17.2 Valuation 17.3 Provisional sums 17.4 Common problems Chapter 18 Payment 18.1 Important to read this first 18.2 Contract Sum 18.3 Interim certificates 18.4 Final certificate 18.5 Effect of certificate 18.6 Failure to pay 18.7 Retention 18.8 Common problems Chapter 19 Practical Completion 19.1 Practical completion 19.2 The contract says 19.3 Consequences of practical completion 19.4 Common problems Chapter 20 Defects Liability 20.1 During construction 20.2 During the rectification period 20.3 Defects, shrinkages and other faults 20.4 Frost 20.5 Procedure 20.6 Making good 20.7 Certificate of making good 20.8 Common problems Chapter 21 Termination 21.1 Preliminary thoughts 21.2 If no termination in the contract 21.3 Termination by the employer 21.4 Consequences of employer termination 21.5 Termination by the contractor 21.6 Consequences of contractor termination 21.7 Termination by either employer or contractor 21.8 Termination after loss or damage to existing structures 21.9 Reinstatement 21.10 Common problems Chapter 22 Contractor?s Designed Portion (CDP) 22.1 Principles 22.2 Contractor s obligations 22.3 Inconsistencies and divergences 22.4 Variations 22.5 Other matters 22.7 Common problems Chapter 23 Dispute Resolution Procedures 23.1 General 23.2 Choice 23.3 The Construction Act 1996 23.4 Adjudication in general 23.5 Pros and cons 23.6 Adjudication in detail 23.7 Arbitration 23.8 Legal proceedings (litigation) 23.9 Mediation 23.10 Common problems Notes and references Table of Cases Clause Number Index to Text Subject Index