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JCT:Minor Works Building Contract 2016 (MW)

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The amount to be stated as due in the interim certificate is made up of the applicable percentage (e.g. 95%, as stated in the Contract Particulars at 4.3) of the value, as at the Interim Valuation Date, of: The RIBA DBC, like JCT MWD and JCT ICD, allows for main contractor design, although it should be noted that JCT MWD does not require the contractor to hold PI insurance for this role. The JCT HO/O requires the contractor to provide works that are described in documents forming part of the contract; there is no mention of the contractor undertaking design, or what the consequences would be if it did. It is therefore sensible to restrict the use of the JCT HO/O to simpler projects with no contractor/sub-contractor design. Most clients, domestic or commercial, would prefer cost certainty and predictability. A lump sum contract is the best method of providing this but requires full and detailed contract information to be supplied at tender stage. This can be difficult with most domestic projects, especially if the work is to an existing building, as there may be unknowns that cannot be established before work has begun. The brief may also evolve as demolition progresses and spaces/new potential uses emerge, and the client re-thinks their priorities.

There is a rectification period, normally six months, during which the contractor must return and attend to any defects that arise in the works. Retention monies are held until the end of this period. Contract period JCT contracts are well known in the UK construction industry and are institutionally acceptable to investors and financiers provided certain amendments are made. Making the contract unilaterally assignable by the employer, as the unamended JCT requires the contractor’s consent for the employer to assign in most circumstances. JCT contracts tend to be lengthy documents which is unsurprising bearing in mind the complexity of their subject matter and the potential scenarios which can occur on a live project. The JCT suite is one of the most commonly used contract suites in the UK construction industry, and its widespread popularity can be attributed to a combination of the JCT having designed standardised forms to suit a wide range of projects and procurement options, and the forms having been drafted to be fair for each party to the contract. The different JCT contract formsThe JCT contracts provide that the employer holds the retention monies in a fiduciary capacity and requires the employer, upon request, to put the retention monies into a separate retention account. This drafting is commonly amended so that the employer can treat the retention as its own funds until it is due to be paid to the contractor.

There are a number of JCT contracts available. Deciding on which one to choose requires a decision to be made on the preferred procurement route. The JCT Design and Build Contract is drafted to suit projects where the Contractor is to be responsible for both completing the design of the works and the construction of the works. In such instances the Employer will provide detailed information to the Contractor, known as the Employer’s Requirements and the Contractor is paid a lump sum price to complete the detailed design and construction of the Employer’s Requirements.

What does a JCT contract contain?

HGCRA s106(2. Note that a ‘residential occupier’ would always be a consumer, see Edenbooth Limited v Cre8 Developments Limited [2008] EWHC 570 (TCC) Procurement, contract selection and drafting contract amendments are an important task as the resulting contract will define the parties’ roles, rights, and obligations for the project. Getting this wrong can have a significant negative impact on the project or one or more parties. Used for large, complex projects where the design responsibility remains with the employer (and its professional team) Before booking any JCT Training Courses, make sure you have read the training Terms and Conditions. Clause 5.4B provides for a different insurance arrangement and is for use where there are existing structures. For example, a Minor Works contract might be used by a tenant to carry out certain fit-out works on one floor of a building and part of the necessary insurance arrangements would involve ensuring that cover is in place in the event that a fire started due to the Works and destroyed not only the Works but the building as well.

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