Subcontracting Under the JCT 2005 Forms

Subcontracting Under the JCT 2005 Forms


424 Pages


This book – a companion to Peter Barnes’ book on the sub-contract for the JCT 2005 Standard Building Contract, The JCT 05 Standard Building Sub-Contract – covers the other eight current JCT sub-contracts:

· the Design and Build Sub-Contract

· the Major Project Sub-Contract

· the Intermediate Sub-Contract

· the Intermediate Sub-Contract with sub-contractor’s design

· the Intermediate Named Sub-Contract

· the Minor Works Sub-Contract with sub-contractor’s design

· the Short Form of Sub-Contract

· the Sub-subcontract

Like the sub-contract for the JCT 2005 Standard Building Contract, these forms are not well covered by other books on building contracts, despite the importance of specialist contractors and the size and value of their work.

This book considers a range of key issues, including questions of time, variations, loss and expense, and payment, and examines how these operate under the individual sub-contracts.

It will be of interest not only to sub-contractors and main contractors, but also to construction professionals and lawyers.



Published by
Published 26 January 2009
Reads 4
EAN13 9781444301175
License: All rights reserved
Language English

Legal information: rental price per page €. This information is given for information only in accordance with current legislation.

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 1 Background and Introduction The purpose and use of JCT sub-contracts Sub-contracting generally Contract formation
The Sub-contract Agreement The recitals The articles The sub-contract particulars Summary of interim and fi nal payment provisions Attestation forms Schedule of information Supplementary particulars (containing information needed for formula adjustment)
3 Defi nitions and Interpretations Definitions Interpretation 65
4 Sub-contractors’GeneralObligations Sub-contractor’s design Materials, goods and workmanship Compliance with main contract and indemnity Errors, discrepancies and divergences
5 Time Time and the adjustment to the period for completion Practical completion and lateness
Defects, Design Documents and Warranties Defects 151 Sub-contractor’s design documents Collateral warranties
Control of the Sub-contract Works Assignment and sub-letting Person-in-charge 172
1 1 8 8
22 27 33 36 56 56 59
64 64
71 81 108 115 118
127 127 144
157 161
167 167
197 207 214
217 217 247 256
268 268 294 297
Loss and Expense What is loss and expense? Common law damages claims (in respect of a breach of contract) Liquidated damages
Settlement of Disputes Mediation 369 Adjudication 372 Arbitration 388 Litigation 398
Table of Cases403 Table of Statutes and Regulations408 Subject Index410
Payment Payment generally Retention and retention bonds Counterclaim, set-off and abatement Interest 259 Sub-contractor’s right of suspension Fluctuations 266
Access provided by the sub-contractor Opening up the works and remedial measures Attendance and site conduct Health and safety and CDM The CDM Regulations (i.e. the Construction (Design and Management) Regulations 2007) Suspension of main contract by contractor Certificates/statements or notices under the main contract
172 174 181 190
10 Variations
Termination of Sub-contract
Injury, Damage and Insurance