Contract Practice: JCT - Roles and Responsibilities

Question 1

JCT: What are the employers obligations under the contract?

Answer 1

• Make payment against certificates when presented
• To provide possession of the site
• Not to prevent or hinder the contractors ability to complete the works (NOTE: if employers agent (CA) fails to comply with his obligations under the contract then should it amount to a breach of contract it will be the employers breach

Question 2

JCT: What is the role of the QS under traditional contract?

Answer 2

• Interim valuations
• Valuing variations
• Prepare statement of final account
• Ascertaining loss and expense (if so directed)
• Only use rates in priced document for purposes of the contract
• QS has no contractual status in D&B

Question 3

JCT: What is the role of Clerk of works?

Answer 3

• Merely an inspector of the works, the CoW has no contractual authority

Question 4

JCT: What is the role of the contractor?

Answer 4

• Construct works in accordance with contract docs
• Carry out works regularly and diligently
• Health and safety
• Take out any insurance, bonds and/or warranties as required

Question 5

JCT: What is role of QS under D&B?

Answer 5

• There is no QS in D&B contract, Employers agent carries out all financial matters