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LAW AND CONTRACT MANAGEMENT
Contents
Introduction
Statutes
Glossary
1 UK construction industry context
The nature of the industry
The nature of professionalism in construction
The nature of projects
Procurement methods
2 Roles and relationships
Consultant roles
Professional services agreements
Architect
Typical conditions in professional services agreements
Integrated documents
3 General contracting
Background
Use of general contracting
Basic characteristics
Risk in general contracting
Standardized approaches to general contracting
4 Design and build
Background
Features of design and build contracts
Use of JCT design build form
Characteristics of CD 81
Risk in design and build
Approaches to design and build
5 Management contracting
Background
Use of management contracting
Contents of MC 98
Risk in management contracting
Approaches to management contracting
6 Construction management
Background
Use of construction management contracts
Contents of construction management contracts
Allocation of risk in construction management
Approaches to construction management
7 Procurement and contract choice
Types of risk in construction contracts
Dealing with risk
Allocating risk through methods of payment
Selecting procurement methods
Contract choice
8 Tendering and contract formation
The meaning of construction contracts
The formation of contracts by agreement
Contracts made by tender
9 Liability in contract and tort
Express terms
Exemption clauses
Incorporation by reference
Implied terms
Liability in tort for negligence
10 Contractor’s obligations
Standard of work
Statutory obligations
Co-ordination and management
Transfer of materials
11 Employer’s obligations
Implied obligations
Employer’s obligations under JCT 98
Responsibility for the contract administrator
Responsibility for site conditions
Health and safety
12 Responsibility for design
Design management
Design duties in law
Legal responsibility for design
13 Time
Commencement
Progress
Completion
Contractor’s obligations after completion
Extensions of time
14 Payment
Employer’s obligation to pay
The contract sum
Variations
Fluctuations
Retention money
15 Contractors claims for loss and expense
Contract claims and damages
Grounds for contractual claims
Claims procedures
Quantification of claims
16 Insurance and bonds
Insurance
Bonds and guarantees
17 Role of the contract administrator
Contract administrator as the employer’s agent
Contract administrator as independent adjudicator
18 Health and safety obligations
Objectives of the CDM regulations
Application of the SDM regulations
Obligations of the parties
Sanctions
19 Sub-contract acts
Reasons for the prevalence of sub-contracting
The legal basis of sub-contracting
The contractual chain
Domestic sub-contracts
Defaults sub-contracts
Rights of sub-contractors
20 Nominations
Reasons for employer selection of sub-contractors
Selection procedures
Defaults of nominated sub-contractors
Right of nominated sub-contractors
21 Financial remedies for breach of contract
General damages
Liquidated damages
Quantum meruit claims
Non-payment as a contractual remedy
22 Defective buildings and subsequent owners
Claims in negligence
Alternative forms of legal protection
23 Supension and determination of contracts
Suspension of work
Termination for beach at common law
Determination under JCT 98 and related sub-contracts
Determination on neutral grounds
Frustration of contract
24 Non-adversarial dispute resolutions
Background to disputes
The nature of construction disputes
The role of the contract administrator
Methods of dispute resolution
Incorporating alternative dispute resolution procedures
25 Adversarial dispute resolutions
Adjudication
Arbitration
Litigation
Arbitration or litigation?
References