Jct Flashcards
What are the standard payment mechanisms/ dates under JCT?
Interim valuation is same date each month
Due date is seven days from interim valuation date
Five days from due date contract administrator issues payment notice
Final date for payment is 14 days from due date
What are some examples of Relevant Events under JCT?
Clause 2.26
Variations
Instructions ( including for opening up)
Deferment of possession of the site
Suspension by the contractor
Works by statutory undertakers
Exceptionally adverse weather (not defined by generally 1 in 10 years weather event?)
Civil commotion
Terrorism and strikes
Any impediment, prevention or default by the employer
Force Majuere
What are some examples of Relevant Matters under JCT?
Clause 4.21
Changes
Employers instructions for opening up works (where defect not found) or postponement of work or instructing prov sums
Employers instructions re discovery of antiquities
Delay in receipt of any permission or approval for purposes of development control requirements
Impediment, prevention or default by the Employer
What is the difference between relevant events and relevant matters under JCT?
Relevant events are neutral or caused by the employer and allow for an extension of time
Relevant matters are matters caused by the employer that materially affect the progress of the works and allow for the contractor to claim loss and expense
What are the insurance options under JCT Minor Works?
Clause 5.4
A) joint names insurance of the works by contractor
B) joint names insurance of the works and existing structures by employer
C) insurance of the works and existing structures by other means
What are the insurance options under JCT design and build?
Option A - new buildings - all risks insurance of the works by the contractor
Option B - new buildings - all risks insurance if the works by the employer
Option C - joint names insurance by the employer of existing structures and works in or extensions to them
What is all risks insurance?
Insurance which covers all risks on the project except those specifically excluded within the contract. e.g. it names the risks not covered.
Which Insurance option did you use for your case study under JCT D and B?
Insurance Option C - Employer to insure the works in joint names
Specified perils for existing buildings
All risks for the works
Clauses 6.13 and 6.14 set out how the insurances apply
What is the significance of the date of possession under JCT?
The Contractor takes possession of the site (clause 2.3)
Insurance of the works/ site starts
requires the employer to give the contractor possession of the site of the Works on the date stated in the contract. The contractor is said to have a licence to occupy the site for the purpose of carrying out the Works. If the employer fails to give possession on the stated date, it is a serious breach of contract. The contract allows extension of time and payment of loss and/or expense to compensate the contractor. The employer can defer possession for up to six weeks.
What happens at PC?
EA issues Practical Completion Statement/Sectional Completion Statement
Liability for LDs ends
50% retention release
Contractor no longer has to insure site
Handover of H&S file, as-built drawings, user guide to building
Base date
The date stated as such in the contract particulars
Usually the date of the tender return
The base date sets the reference date from which the conditions under which the tender was prepared are considered to have been known by the contractor and so are properly reflected in their price.
If specified conditions change before the contract is implemented, then the contract may be adjusted to reflect this
When should the contractor notify delay?
Whenever it becomes reasonably apparent that the progress of works or any section is being or is likely to be delayed
Can you give an examples of relevant events?
Force majeure
Failure to give the contractor possession
Can you give examples of Jct contracts
Minor works
D and b
Intermediate
Standard building contract
Measured term
Major project
Management
Construction management
Prime cost
Homeowner
What is the format of Jct?
Agreement
Recitals
Articles
Contract particulars
Conditions
