Seán Mac Labhraí is a solicitor and the Chief Operating Officer at the Ardmore Group. He is a Fellow of the Chartered Institute of Arbitrators and a CEDR Accredited Mediator.

Table of Contents

Introduction

• Key Changes from the 2016 Edition of the JCT Design & Build Contract
• The parties
• Overview of the Contract Documents

How to use this book

Part 1: Commentary

• The Agreement
• The Recitals
• The Articles
• The Contract Particulars
• Attestation
• The Conditions
• Section 1: Definitions and Interpretation
• Definitions
• Interpretation
• Section 2: Carrying out the Works
• Contractor's Obligations
• Possession
• Supply of Documents, Setting Out etc.
• Discrepancies and Divergences
• Design Work - liabilities and limitation
• Fees, Royalties and Patent Rights
• Unfixed Materials and Goods - property, risk etc.
• Adjustment of Completion Date
• Practical Completion, Lateness and Liquidated Damages
• Partial Possession by Employer
• Defects
• Contractor's Design Documents
• Section 3: Control of the Works
• Access and Representatives
• Sub-Contracting
• Employer's Instructions
• CDM Regulations
• Section 4: Payment
• Contract Sum and Adjustments
• Taxes
• Payments and Notices - general provisions
• Interim Payments - calculation of sums due
• Listed Items
• Retention
• Loss and Expense
• Final Statement and Final Payment
• Section 5: Changes
• General
• The Valuation Rules
• Section 6: Injury, Damage and Insurance
• Personal Injury and Property Damage
• Insurance against Personal Injury and Property Damage
• Insurance of the Works and Existing Structures
• Professional Indemnity Insurance
• Joint Fire Code - compliance
• Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties
• Assignment
• Performance Bonds and Guarantees
• Clauses 7A to 7E - Preliminary
• Third Party Rights from Contractor
• Collateral Warranties from Contractor
• Third Party Rights and Collateral Warranties from Sub-Contractors
• Section 8: Termination
• General
• Termination by Employer
• Termination by Contractor
• Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations
• Consequences of Termination under clauses 8.9 to 8.11, etc.
• Section 9: Settlement of Disputes
• Mediation
• Adjudication
• Arbitration
• The Schedules
• Schedule 1: Design Submission Procedure
• Schedule 2: Supplemental Provisions
• Schedule 3: Insurance Options
• Schedule 4: Code of Practice
• Schedule 5: Third Party Rights
• Schedule 6: Forms of Bonds
• Schedule 7: JCT Fluctuations Option A
• The Employer's Requirements
• The Contractor's Proposals
• The Contract Sum Analysis
• Other frequent contract documents:
• Performance bonds
• Parent company guarantees
• Collateral warranties
• Novation agreements
• Vesting certificates
• Third party agreements
• Part 2: Resources for Contract Administration
• Contractor Resources
• Employer Resources

Further reading

Glossary

Subject index

Clause index