JCT mechanisms Flashcards
What is a relevant event?
An event on or off site that causes a delay to the completion date of the works.
Can you give examples of relevant events within the contract
Exceptionally adverse weather.
Failure to provide information.
The supply of materials and goods by the client.
Delay in giving the contractor possession of the site.
Force majeure.
What is force majeure?
Something which is out of the control of either party e.g. natural distaster
Can you give an example of force majeure
War, hurricane, acts of terrorism
What is a relevant matter
A matter for which the employer is responsible that materially affects the progress of the works, this will usually entitle the contractor to submit a loss and expense claim
Can you give an example of a relevant matter?
Employer fails to give contractor possession of site
Delays in receiving instructions
Disruption caused by work carried out by the employer
Whats the difference between a relevant event and a relevant matter?
Event is where the contractor is entitled to an extension of time, relevant matter entitles contractor to claim additional costs (loss and expense claim)
What is a loss and expense claim?
Claim from where contractor has incurred a loss due to failure from the employer (relevant matter)
What does the JCT stand for?
Joint Contracts Tribunal
What are some of the contracts within the JCT family?
Standard Building Contract
Intermediate Works contract
Minor Works Contract
Design and Build Contract
What is a loss and expense claim?
Often associated with delays but can be for any event where the Contractor incurs loss due to the failure of the employer
Whats the key thing to remember when assessing a loss and expense claim?
Should be actual loss incurred by a contractor
Prices in BOQ, schedule of rates or prelims should not be used as the actual costs may be more or less than these
Common heads of claim in loss and expense?
Prolongation / Delays (extra site prelims)
Disruption
Genuine loss of profit
