Contract Documentation


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CONTRACT DOCUMENTATION

Contents

Acknowledgements

Preface to the first edition

Preface to the third edition

 

1 Introduction

General

Letters and notices

Tabular summary of mandatory requirements

 

2 Pre-contract documentation

Introduction

Qualification

Preliminary enquiry

Formal invitation to tender

Errors in tender documents

Time for tendering

Onerous conditions in tender documents

Submission of tender

Subcontractors and suppliers

Letters of intent

Signing the contract

Performance bonds

Advance payment bonds and bonds in respect of payment for

Off-site materials and/or goods

 

3 Commencement and progress

Pre-commencement meeting

Site and progress meetings

Site diaries

The master programme

Discrepancies in documents

Compliance with statutory requirements

Problems with materials

Information necessary for the works

Instructions generally

Variations

Work done by others

Other matters

4 Certificates and payments

Introduction

Application for payment

Late payment

The withholding notice

Wrongful deductions from the certificate by the employer

Right of suspension of obligations by contractor

Problems with interim certificates

Off-site goods and materials

Retention

The construction industry scheme

 

5 Delays and disruptions

General

Possession of the site and commencement of work

Delay in general

Detailed procedures under JCT 98 or WCD 98

The grant of the extension

Procedures under IFC 98

Liquidated and ascertained damages

Reimbursement of loss and expense under JCT 98

And WCD 98

Machinery for recovery

Common law claims

Reimbursement of loss and expense under IFC 98

Delays and disruptions under the JCT

Minor works form 1998

 

6 Completion and defects liability

Practical completion

Sectional completion and partial possession

Defects liability

Final certificate

 

7 Determinations

Introduction

Determination by the employer

Determination by the contractor

Determination by the employer or contractor : no fault

Determination

Determination under the minor works form

 

8 Subcontractors and suppliers

Introduction

Assignment

Sub-letting: domestic subcontractors

Letters of intent to subcontractors or suppliers

Signing the subcontract

Nominated suppliers

Nominated subcontractors under JCT 98

Right of objection

Procedures after nomination

Re-nomination

Named subcontractors under IFC 98

Subcontract notices in general

Extensions of time

Money claims

Withholding notices

Determination

 

9 Settlement of disputes

Introduction

Adjudication generally

Appointing an adjudicator

Arbitration generally

Appointing an arbitrator

Litigation

Index