CONTRACT DOCUMENTATION Contents Acknowledgements Preface to the first edition Preface to the third edition 1 Introduction General Letters and notices Tabular summary of mandatory requirements 2 Pre-contract documentation Introduction Qualification Preliminary enquiry Formal invitation to tender Errors in tender documents Time for tendering Onerous conditions in tender documents Submission of tender Subcontractors and suppliers Letters of intent Signing the contract Performance bonds Advance payment bonds and bonds in respect of payment for Off-site materials and/or goods 3 Commencement and progress Pre-commencement meeting Site and progress meetings Site diaries The master programme Discrepancies in documents Compliance with statutory requirements Problems with materials Information necessary for the works Instructions generally Variations Work done by others Other matters 4 Certificates and payments Introduction Application for payment Late payment The withholding notice Wrongful deductions from the certificate by the employer Right of suspension of obligations by contractor Problems with interim certificates Off-site goods and materials Retention The construction industry scheme 5 Delays and disruptions General Possession of the site and commencement of work Delay in general Detailed procedures under JCT 98 or WCD 98 The grant of the extension Procedures under IFC 98 Liquidated and ascertained damages Reimbursement of loss and expense under JCT 98 And WCD 98 Machinery for recovery Common law claims Reimbursement of loss and expense under IFC 98 Delays and disruptions under the JCT Minor works form 1998 6 Completion and defects liability Practical completion Sectional completion and partial possession Defects liability Final certificate 7 Determinations Introduction Determination by the employer Determination by the contractor Determination by the employer or contractor : no fault Determination Determination under the minor works form 8 Subcontractors and suppliers Introduction Assignment Sub-letting: domestic subcontractors Letters of intent to subcontractors or suppliers Signing the subcontract Nominated suppliers Nominated subcontractors under JCT 98 Right of objection Procedures after nomination Re-nomination Named subcontractors under IFC 98 Subcontract notices in general Extensions of time Money claims Withholding notices Determination 9 Settlement of disputes Introduction Adjudication generally Appointing an adjudicator Arbitration generally Appointing an arbitrator Litigation Index
CONTRACT DOCUMENTATION
Contents
Acknowledgements
Preface to the first edition
Preface to the third edition
1 Introduction
General
Letters and notices
Tabular summary of mandatory requirements
2 Pre-contract documentation
Introduction
Qualification
Preliminary enquiry
Formal invitation to tender
Errors in tender documents
Time for tendering
Onerous conditions in tender documents
Submission of tender
Subcontractors and suppliers
Letters of intent
Signing the contract
Performance bonds
Advance payment bonds and bonds in respect of payment for
Off-site materials and/or goods
3 Commencement and progress
Pre-commencement meeting
Site and progress meetings
Site diaries
The master programme
Discrepancies in documents
Compliance with statutory requirements
Problems with materials
Information necessary for the works
Instructions generally
Variations
Work done by others
Other matters
4 Certificates and payments
Application for payment
Late payment
The withholding notice
Wrongful deductions from the certificate by the employer
Right of suspension of obligations by contractor
Problems with interim certificates
Off-site goods and materials
Retention
The construction industry scheme
5 Delays and disruptions
Possession of the site and commencement of work
Delay in general
Detailed procedures under JCT 98 or WCD 98
The grant of the extension
Procedures under IFC 98
Liquidated and ascertained damages
Reimbursement of loss and expense under JCT 98
And WCD 98
Machinery for recovery
Common law claims
Reimbursement of loss and expense under IFC 98
Delays and disruptions under the JCT
Minor works form 1998
6 Completion and defects liability
Practical completion
Sectional completion and partial possession
Defects liability
Final certificate
7 Determinations
Determination by the employer
Determination by the contractor
Determination by the employer or contractor : no fault
Determination
Determination under the minor works form
8 Subcontractors and suppliers
Assignment
Sub-letting: domestic subcontractors
Letters of intent to subcontractors or suppliers
Signing the subcontract
Nominated suppliers
Nominated subcontractors under JCT 98
Right of objection
Procedures after nomination
Re-nomination
Named subcontractors under IFC 98
Subcontract notices in general
Extensions of time
Money claims
Withholding notices
9 Settlement of disputes
Adjudication generally
Appointing an adjudicator
Arbitration generally
Appointing an arbitrator
Litigation
Index
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