The JCT Standard Building Contract 2011: An Explanation and Guide for Busy Practitioners and Students

David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 50 years of experience in the construction industry. David has worked as an architect in the public and private sectors, as a contracts administrator, as a lecturer in construction law and contracts procedure and as a construction contracts consultant. He was Professor of Architectural Practice and Management Research at The Queen's University of Belfast and Visiting Professor of Practice Management and Law at the University of Central England in Birmingham. The author of many books for the construction industry, he is Director of David Chappell Consultancy Limited, is a specialist advisor to the RIBA and RSUA and regularly acts as an adjudicator.

Preface xiv Abbreviations used in the text xvi Notes before reading xvii Part I Preliminaries 1 1 Introduction 1 1.1 What is a contract? 1 1.2 Purpose of building contracts 4 1.3 Types of construction contracts 4 1.4 Characteristics of a standard form 7 1.5 Commonly used contracts 9 1.6 Important background to SBC 11 1.7 SBC and variants 11 2 Basic matters 13 2.1 Works 13 2.2 Drawings 13 2.3 Specification 14 2.4 Schedules 15 2.5 Bills of quantities 15 2.6 The Standard Method of Measurement 16 2.7 Privity of contract and the Third Party Act 17 2.8 Third party rights and collateral warranties 18 2.9 Base Date 19 2.10 Common problems 20 3 About the contract documents 23 3.1 What constitutes the contract? 23 3.2 What are articles and recitals? 24 3.3 How to complete the contract form 25 3.4 Priority of documents 29 3.5 Errors, discrepancies and divergences 30 3.6 Custody and copies 34 3.7 Limits to use 35 3.8 Reckoning days 35 3.9 Certificates, notices and other communications 36 3.10 Applicable law 37 3.11 Common problems 37 4 Related matters 40 4.1 The Housing Grants, Construction and Regeneration Act 1996 as amended 40 4.2 Entire contracts 42 4.3 Express and implied terms 43 4.4 Limitation periods 44 4.5 Letters of intent 46 4.6 Quantum meruit 47 4.7 Limited companies 48 4.8 Bonds 49 4.9 Common problems 51 Part Ii Participants 53 5 The architect's powers and duties 53 5.1 What the architect can do or must do 53 5.2 Specific requirements under the JCT contract 54 5.3 Powers 54 5.4 The architect's design role under SBC 54 5.5 The architect as agent for the employer 61 5.6 No power to direct contractor 62 5.7 Issue of certificates 63 5.8 The issue of instructions 66 5.9 Instructions in detail 70 5.10 Issue of information 70 5.11 Duties under the contract 73 5.12 General duties 77 5.13 Does the architect have any duty to the contractor? 79 5.14 Common problems 79 6 The contractor's powers and duties 82 6.1 What the contractor can do or must do 82 6.2 Person-in-charge 82 6.3 Access to the Works and premises 82 6.4 Carrying out the Works 96 6.5 Levels and setting out 98 6.6 Workmanship and materials 98 6.7 Contractor's master programme and other documents 100 6.8 Statutory obligations 103 6.9 Antiquities 104 6.10 Drawings, details and information 104 6.11 Compliance with architect's instructions 106 6.12 Suspension of performance 107 6.13 Does the contractor have a duty to warn of design defects? 108 6.14 Common problems 108 7 The employer's powers and duties 110 7.1 What the employer can or must do 110 7.2 Express and implied powers and duties 110 7.3 General powers 115 7.4 General duties 122 7.5 Common problems 123 8 Consultants 125 8.1 General points 125 8.2 Quantity surveyors 126 8.3 Employer's representative/project manager 128 8.4 Structural engineers, mechanical engineers and others 129 8.5 Common problems 129 9 The clerk of works 131 9.1 Method of appointment 131 9.2 Duties 131 9.3 Snagging lists 132 9.4 Defacing materials 132 9.5 Common problems 133 10 Sub-contractors and suppliers 134 10.1 General 134 10.2 Assignment 135 10.3 Sub-contracting 136 10.4 Listed sub-contractors 138 10.5 Named specialists 139 10.6 Common problems 140 11 Statutory authorities 143 11.1 Work not forming part of the contract 143 11.2 Statutory authorities in contract 143 11.3 The CDM Regulations 2007 145 11.4 Common problems 147 Part Iii Work in Progress 149 12 Insurance 149 12.1 Why insurance? 149 12.2 Types of insurance in the contract 149 12.3 What is an indemnity? 150 12.4 Injury to persons and property 151 12