File Name: jct design and build contract 2016 .zip
All of the contract's provisions, procedures and conditions are organised and explained by subject, clearly distinguishing the different obligations due to various parties and the contractual issues arising during the course of a job - all backed up by the latest legislation and case law. Not only is this an indispensable reference for the hard-pressed practitioner, but, assuming no prior knowledge of JCT contracts or the law, it is also ideal for architecture and other construction students on the threshold of undertaking their professional exams.
- JCT Design and Build Contract, 2016 Edition (DB 2016)
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Related Content. Our standard documents contain integrated drafting notes, providing guidance and drawing attention to specific issues. You can elect to view a standard document with or without those integrated notes. You can also download our standard documents in Microsoft Word. Building and engineering contracts Building contracts and contractors If you are new to construction, you may find that Practice note, Construction projects: the legal structure assists you when navigating the large number of standard documents we publish in this area.
JCT Design and Build Contract, 2016 Edition (DB 2016)
Deciding on the appropriate JCT. Practice Note Deciding on the appropriate JCT contract This Practice Note is intended to provide assistance in Deciding the appropriate form of contract but it is not a substitute for professional advice.
Company number All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except in accordance with the provisions of the Copyright, Designs and Patents Act , without the prior written permission of the publisher. Link to this page:. The joint Contracts Tribunal Limited Contents Introduction Page 1. Part 1: Project Strategy 2.
Procurement methods 2. Types of contract 4. Matters which might influence choice 5. Consequences of the choice of main contract 6. Watchpoints for choice and use 8. Traditional or conventional : Lump sum 9. Traditional or conventional: Measurement Traditional or conventional: Cost reimbursement or cost plus Design and build Management Partnering Framework Agreement Pre-Construction Services Agreement Consultancy Agreement Sub-Contracts Sub-subcontract Part 4: Comparison of contract Provisions Guide to selecting the appropriate JCT sub- contract JCT Construction Contracts Part 5: JCT Publications The joint Contracts Tribunal Limited Practice Note Deciding on the appropriate JCT contract Page i Introduction 1 This Practice Note has five Parts: Part 1 covers the project strategy and although this mainly is concerned with the top level of contracting it also has relevance to the sub- contract level; Parts 2 and 3 respectively identify the available main and sub-contracts; Part 4 provides a tabulated comparison of provisions of some of the most used contracts and a flow chart to assist users in making their choice; and Part 5 a list of JCT publications.
A discrete section on partnering is included in this Practice Note. Part 1 Project Strategy 6 Procurement is a generic term embracing all those activities undertaken by a client seeking to bring about the construction or refurbishment of a building. Variously referred to as a method, path or system, procurement is initiated by devising a project strategy, which entails weighing up the benefits, risks and financial constraints which attend the project and which eventually will be reflected in the choice of contractual arrangements.
In every project the concerns of the client will focus on time, cost, and performance or quality, in relation both to design and to construction of the building. There are inherent risks associated with using any particular procurement strategy but equally important is the need for all parties to comply with their respective obligations; this is particularly important where responsibility for design and construction are separated. Identifying and dealing appropriately with risk at the outset is an integral part of any project strategy.
Procurement methods 8 There are three main procurement options, and the essential features of each are as follows: Traditional procurement sometimes termed conventional procurement. Appointment of a contractor is commonly by competitive tender, but less usually by negotiation. Full documentation is necessary for tendering purposes, including that from specialist sub-contractors, and adequate time is needed for the preparation of this.
The client has control over design, specified quality and standards etc. Generally there is no design responsibility on the contractor. Because design and construction are separate sequential processes, the overall programme for the project tends to be relatively long.
There is for the client reasonable certainty on construction costs, because a contract figure is usually known at the outset, although this may need to be adjusted later, as provided for in the contract. Although making design decisions before work has commenced may appear to bring a measure of inflexibility, changes or variations are possible during construction of the work, usually at a price in terms of direct and related costs and extra time. Administrative matters relating to valuations and payments are in the hands of the client's consultants.
Completion within the contract period is an obligation, although the contract administrator may need to revise the date for completion to take account of delays due to reasons listed in the contract. Speculative risks are balanced as between the parties, more in the client's favour on a lump sum contract , but less so with a measurement contract.
The traditional lump sum approach in terms of cost, design and quality is a relatively low risk procurement option for the client, but the time needed for the project overall is likely to be relatively longer than that of other procurement methods. Design and build procurement 11 A method where the contractor is responsible for undertaking both the design and the construction of the work in return for a lump sum price.
There are variants on this option depending on the degree to which initial design is included in the client's requirements. Appointment of a contractor is often by two stage tendering, thus keeping a competitive element, but not expecting every tenderer to produce full proposals. Adequate time must be allowed for the client's requirements to be prepared to the appropriate level, and professional consultants will usually be required.
The contractor must be given adequate time to prepare his proposals, together with an analysis of his tender figure. It should also be remembered that evaluating tenders for design and build may be difficult, because design proposals need to be balanced against price, and it is vital to check that the proposals satisfy the client's requirements. The client has control over the design element included as part of his requirements, but, once the contract is let, has no direct control over the development of the contractor's detail design.
Design , , Contract , Amendment , Build , Design and build contract , Design and build contract design and build contract Standards , Testing , Contract , Construction , Building , Intermediate , Setting the standard for construction contracts , Intermediate building contract. In the right hand window of your JCT Digital home page you will see a list of the contracts available broken down into four sections. Services , Digital , Digital service.
This Practice Note has five Parts: Part 1 covers the project strategy and although this mainly is concerned with the top level of contracting it also has relevance to the sub-contract level; Parts 2 and 3respectively identify the.
Notes , Practices , Appropriate , Deciding , Practice note deciding on the appropriate jct. That factor could be applied to the original contract rates and prices. Thus a fair allowance takes into.
Conditions , Agreement , Contract , Building , Framework , Modernisation , Conditions for building modernisation framework agreement. For queries on the status of this document contact info whe. Example: marketing. Fullscreen Download. Thank you for your participation! Show more. Documents from same domain. Guide to selecting the appropriate JCT main contract www.
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Joint Contracts Tribunal. Building Contracts and specifications Great Britain I. Title '. It was only a matter of time before 'design and build' grew and came of age in the UK. Contractors knew markets existed for the direct selling of their construction wares. Now, the construction industry has what it wants - a JCT Contract with a pedigree near perfect.
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The simple concept that makes Design and Build Contracts different to traditional is that the Employer seeks to transfer more design responsibility to the Contractor. The Contractor has greater design input on a Design and Build Contract than with the traditional procurement route. Design and Build is a modern Procurement Route in construction , unlike in other industries where it has been in use for a long period of time. Construction has lagged behind due to the emergence of architecture as a profession that has led the industry for the majority of the past century.
It can be used where the sub-contracted works are fully designed, or if the sub-contractor is required to design all or a part of the works. It can only be used when the main contract is the Design and Build Contract.