Subcontracting Under the JCT 2005 Forms

by Barnes, Peter A.; Davies, Matthew

• ISBN13: 9781444301168
• ISBN10: 1444301160
• Edition: 1st
• Format: eBook
• Copyright: 2009-02-12
• Publisher: Wiley-Blackwell

Summary

These days, subcontractors in the construction industry are generally aware of their rights and obligations, and main contractors and clients' advisers need to keep abreast of developments in subcontract law. As the majority of work is carried out under JCT contracts, all parties need to understand the rights and obligations of the latest JCT 05 suite of subcontracts, against the background of the general principles of contract law.

A companion to Peter Barnes' first book, The JCT 05 Standard Building Sub-Contract, this book deals with all the other JCT 05 subcontracts including:

Design and Build Subcontract, Major Project Subcontract, Intermediate Subcontract, Intermediate Subcontract with subcontractor's design, Intermediate Named Subcontract, Short Form of Subcontract and the Sub-Subcontract

The book is organised around issues, such as payment, time, variations, and loss and/or expense, and, where appropriate it compares and contrasts the differing approaches of individual subcontracts. The book features a range of standard letters.

Author Biography

Peter Barnes MSc (Construction Law and Arbitration), FCIOB, FCIArb, MRICS, MICE, is a Chartered Arbitrator, a registered Adjudicator and an accredited Mediator.

He has been actively involved in the construction industry for over 30 years and has a wide experience of many types of construction work. He spent many years working for main contractors, undertaking both surveying and management roles, and during that time he administered and settled a multitude of sub-contract accounts on a variety of different contracts.

Since becoming a consultant, he has represented many parties in both adjudications and arbitrations, and has been appointed as adjudicator by both the Chartered Institute of Arbitrators and the Construction Industry Council.

He is the author of the book titled, ‘The JCT 05 Standard Building Sub-Contract’.

Matthew Davies BSC (Hons) Q. Surveying, LLB (Hons), LPC (Commendation), MRICS is dual qualified as a chartered quantity surveyor and a solicitor. He is a director at Davies & Davies Associates Limited and specialises in providing commercial and contractual management, construction claims and dispute resolution services to the construction industry, including regularly representing organisations in adjudication and other dispute forums.

He has over 16 years’ experience in the construction industry, originally gained working as a quantity surveyor and latterly as a solicitor during which time he has worked and acted for employers, architects, main contractors and specialist sub-contractors in providing quantity surveying, legal and commercial services on a wide range of construction projects operating under a variety of standard and non-standard contracts.

Table of Contents

Preface.

Chapter 1 Background and Introduction.

Chapter 2 The subcontract agreement.

Chapter 3 Definitions and Interpretations.

Chapter 4 Subcontractors’ general obligations.

Chapter 5 Time.

Chapter 6 Defects, Design Documents, and Warranties.

Chapter 7 Control of the subcontract works.

Chapter 8 Payment.

Chapter 9 Loss and Expense.

Chapter 10 Variations.

Chapter 11 Injury, Damage and Insurance.

Chapter 12 Termination of Subcontract.

Chapter 13 Settlement of disputes