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- Jct Design And Build Contract 2011 Pdf
- Jct Design And Build Contract 2011 Pdf Free
- The Comprehensive Guide to JCT Design and Build Contracts
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Jct Design And Build Contract 2011 Pdf
Zhang Wanjing. Download PDF. A short summary of this paper. Practice Note — Deciding on the appropriate JCT contract This Practice Note is intended to provide assistance in deciding the appropriate form of contract but it is not a substitute for professional advice. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except in accordance with the provisions of the Copyright, Designs and Patents Act , without the prior written permission of the publisher.
Only when these two decisions have been made can the choice of a form of contract be decided. A discrete section on partnering is included in this Practice Note. Variously referred to as a method, path or system, procurement is initiated by devising a project strategy, which entails weighing up the benefits, risks and financial constraints which attend the project and which eventually will be reflected in the choice of contractual arrangements.
In every project the concerns of the client will focus on time, cost, and performance or quality, in relation both to design and to construction of the building. There are inherent risks associated with using any particular procurement strategy but equally important is the need for all parties to comply with their respective obligations; this is particularly important where responsibility for design and construction are separated. Identifying and dealing appropriately with risk at the outset is an integral part of any project strategy.
Procurement methods 8 There are three main procurement options, and the essential features of each are as follows: Traditional procurement sometimes termed conventional procurement 9 A method which became standard practice in the building industry for years following the emergence of the general contracting firm and the establishment of independent client consultants.
The main feature is that the design process is separate from construction, and full documentation is required before the contractor can be invited to tender for carrying out the work. Generally there is no design responsibility on the contractor. The traditional lump sum approach in terms of cost, design and quality is a relatively low risk procurement option for the client, but the time needed for the project overall is likely to be relatively longer than that of other procurement methods.
Design and build procurement 11 A method where the contractor is responsible for undertaking both the design and the construction of the work in return for a lump sum price. The contractor must be given adequate time to prepare his proposals, together with an analysis of his tender figure. Although it is a common practice for the client to ask the contractor to take over his own consultants under a novation agreement, there can be problems in such arrangements in terms of design accountability.
Provided that the client refrains from ordering changes during the construction of the work, the contractor will be obliged, subject to the conditions, to complete the project for the contract sum.
Decisions or instructions may be required of the client from time to time, and the client may decide to appoint an agent either to advise or to act on his behalf. The client may appoint his own consultant to advise, but the contract conditions do not recognise a role for such a person. The client may decide to place the design decision making with the contractor, thereby in theory opting for a single point responsibility; in practice, single point responsibility is not often achieved.
He is paid a management fee. The work packages are let by competitive tender. Involvement of the contractor at an early stage can be beneficial through his expertise in such matters as buildability and programming of work packages. As a consequence an early start on site is often possible, and time for the project may be reduced overall.
Final costs will not be known until the last work package is let. In terms of design and quality it is a relatively low risk option for the client, but there is generally a higher risk in respect of costs and time.
With management contracts, the client appoints a full professional team and a management contractor who is responsible for managing the carrying out of the works. The management contractor does not directly undertake any of the construction work, which is broken down into packages and carried out by works contractors.
These are appointed by the management contractor, and are directly and contractually accountable to him. The construction manager does not directly undertake any of the construction work, which is broken down into packages and carried out by trade contractors. These trade contractors are appointed by the client, and are directly and contractually responsible to him.
The client therefore assumes a major role in directing the project, whilst leaving the management of it to the construction manager. The contractor undertakes a defined amount of work in return for an agreed sum. This type of contract can arise because the work which the contractor undertakes cannot for good reason be measured accurately before tenders are invited. Design will be reasonably complete and an accurate picture of the quality required will be available to the tenderer.
Probably the contract of this type with least risk to the client is that based on drawings and approximate quantities. A variant of this is the measured term contract under which individual works can be initiated by instructions as part of a programme of work, and priced according to rates related to the categories of work likely to form part of the programme.
Where the full extent of the work is not known or cannot be designed pre-tender, this is a relatively high risk option for the client and only generally acceptable where the circumstances preclude other alternatives or where a partnering ethos is established. The contract will usually include both a pre-construction phase and the construction phase. Documentation will start with project drawings, a project specification and a cost plan, and this information will allow the transmutation into documents on which competitive tenders can be obtained for the work packages.
The management contractor is responsible for the administration and operation of the works contractors. However, the management contractor is not liable for the consequences of any default by a works contractor so long as the management contractor has complied with the particular requirements of the management contract. Obviously the management contract and the works contracts for each package must be compatible.
The construction management appointment will be for the services as defined in that document. Obviously the construction management appointment and the trade contract for each package must be compatible. Matters which might influence choice 20 The choice of an appropriate procurement method and type of contract might be greatly influenced by external factors.
See also Partnering in Part 2. For example, the extent to which construction and design responsibilities are allocated as between the professional consultants, the main contractor and specialist subcontractors should be evident from the provisions of the contract. Compatibility of Agreements 23 It is essential, however, that what might be required of the professional consultants as expressed in the building contract is also reflected in the schedules of professional services included as part of the appointing documents for those consultants.
Documents for tendering purposes 24 With traditional procurement, the realism or otherwise of lump sums will obviously depend on tenders having been prepared on the fullest possible information. Where that information is unlikely to be available at pre- construction stage, lump sum contracts are unlikely to be satisfactory and alternatives will have to be considered. JCT documents generally do not include tender procedures covering tenders for the main contract works, but, where the main contract conditions refer to the use of specific documents, for example the naming of persons as sub-contractors Intermediate Building Contract IC or the use of Works Contractors Management Building Contract MC , there is a requirement that such tenders be invited in accordance with the relevant documents.
Although JCT does not generally prescribe the tender procedures to be followed Practice Note — Tendering provides model forms for use in tendering for main contract works. Unless stated otherwise in respect of any particular items, the contract requires the Contract Bills to have been prepared in accordance with the 7th Edition of the generally recognised Standard Method of Measurement published by The Royal Institution of Chartered Surveyors and the Construction Confederation.
The Contract Sum is the total arrived at in the fully priced copy of the itemised Contract Bills. The Specification or Work Schedules should be itemised in sufficient detail for the contractor to price, and the total of the pricing will be the Contract Sum. Alternatively, the contractor may state the sum he requires to carry out the work; in this case he is in addition required to supply either a Contract Sum Analysis or a Schedule of Rates on which the Contract Sum is based, also referred to as the Priced Document.
The Priced Document then forms the basis for the valuation of any variations and of work carried out under Provisional Sums. There may be a reluctance on the part of contractors to tender without quantities where the project exceeds a certain size or complexity. The risk of error is largely borne by the contractor, and tenders may be increased to cover preparation costs and possible disputes over the quantity of work implied in the Contract Documents.
These contracts, like Minor Works Building Contract MW , accept that domestic sub- contracts may be necessary; they do not stipulate the use of any particular form, but only that, whatever form is used it must include certain provisions stated in the main contract.
Except for some contracts for smaller works, the Design and Build Contract DB and the Major Project Construction Contract MP , the employer is obliged to appoint a professional consultant to administer the terms of the contract. Under the Design and Build Contract the employer may appoint someone to act on his behalf.
The employer may also be required to appoint a Quantity Surveyor. Except for very small work, projects will invariably be subject to the full CDM Regulations Depending on these terms, he may submit his own valuations; be required to submit design proposals for part of the work; be required to carry out performance specified work; or be obliged to sub-let work to specified, i.
He will be obliged to complete on or before the completion date stated in the contract, but where the work is subject to Sectional Completion each Section must be completed by the completion date entered for that Section.
For example, responsibility for obtaining the necessary planning consents or building regulations approvals will normally rest with the employer through his professional consultants. Nevertheless, the contractor will still be liable for compliance with statute in respect of building law. Health and safety law, and in particular the CDM Regulations, impose statutory obligations on the employer, designers and the contractor.
In addition to being statutory matters, some are also incorporated as contractual obligations in JCT contracts. The editions of JCT contracts reflect the amendments to the Construction Act made by the Local Democracy, Economic and Construction Act , insofar as they relate to payment terms and payment-related notices.
They, however, include adjudication provisions even though the Act does not require them for residential occupiers. Ad hoc amendments should be avoided as far as practicable, particularly on points of substance. Where an amendment is considered necessary it should be done only with appropriate professional advice.
This balance should not unwittingly be put at risk, e. Exceptional circumstances, e. The bills of quantities provide price data for the valuation of variations. Provisions are included for advance payment, a retention bond, a bond for the payment of off-site materials and for third party rights or collateral warranties.
The contract also includes three fluctuations options in a Schedule. In the latter case, an analysis of that lump sum called the Contract Sum Analysis or a Schedule of Rates on which that lump sum is based must also be supplied.
Whichever priced documents the Contractor is required to provide they will be used as a basis for the valuation of variations. Where the other document consists of bills of quantities or work schedules, the Contractor is required to have priced it. Where the other document consists of a specification, the Contractor is required either to have priced it or, if only a lump sum is quoted, then also to have supplied a Schedule of Rates or a Contract Sum Analysis.
The priced bills, specification or work schedules or, as the case may be, the Schedule of Rates or Contract Sum Analysis provide price data for the valuation of variations. The contract conditions and procedures are less detailed than those of the Standard Building Contract.
All sub- contractors, whether chosen by the Contractor or named by the Employer, are domestic, and their performance is the responsibility of the Contractor, although the Employer does assume additional risks in respect of Named Sub-Contractors whose contracts are terminated because of insolvency. Even though a Named Sub-Contractor is a domestic sub-contractor, the Contractor is not responsible for any design carried out by a Named Sub- Contractor.
See also Part 3 of this Practice Note. The contract only provides for limited fluctuations i.
Jct Design And Build Contract 2011 Pdf Free
In general, lump sum contracts result in a contractor agreeing to take on the responsibility for both the design and construction of a project for an agreed price. Sarah Lupton's best-selling Guide comes fully revised for JCT , to provide the most up-to-date authoritative working aids to the operation and administration of the main JCT Design and Build Contract … The works included an external curtain walling system of framed glass panes. The focus will be on how to manage the form, looking at how to advise a client, be it employer side or contractor and supply chain teams. This full day course covers a number of specific elements relating to the JCT Design and Build form of Contract and how to ensure best contractual management. The JCT ranges in publications from standard contracts, to major construction projects or a Design and Build Contract which is designed for construction projects where the contractor carries out both the design and the construction work. To access this resource, sign in below or register for a free, no-obligation trial Sign in.
Amendment 1, March DB Page 1. Design and Build Contract Design and Build Contract Amendment 1. Issued March (Effective.
The Comprehensive Guide to JCT Design and Build Contracts
The DB provides that the first Interim Valuation Date must be specified in the entry in the Contract Particulars against clause 4. As stated in the footnote corresponding with that entry the JCT recommends the first Interim Valuation Date should be not more than one month after the Date of Possession. Subsequent Interim Valuation Dates are to be the same date in each month. The Contractor is required to make an Interim Payment Application in respect of each Interim Payment in the manner specified in clause 4.
The JCT Intermediate Contract with Contractor's Design can be used: Where the works are to be carried out in sections By both private and local authority employers; where provisions are required to cover named specialists. This involves appointing a main contractor to design or complete the design of the project and then to go on and construct it. Construction contract review for contractor—checklist.
The simple concept that makes Design and Build Contracts different to traditional is that the Employer seeks to transfer more design responsibility to the Contractor. The Contractor has greater design input on a Design and Build Contract than with the traditional procurement route. Design and Build is a modern Procurement Route in construction , unlike in other industries where it has been in use for a long period of time.