Course Content:
OVERVIEW
BACKGROUND TO JCT DESIGN AND BUILD 2005
• The Agreement
• Contract Particulars
• Employer’s Agent
• Responsibility for Design
EMPLOYER’S REQUIREMENTS
• Design and specification input by Employer
• Use of professional advisers/services
• Design development
• Constraints and restrictions
• Design; carrying out the work
• Timing
• Flexibility in approach
• Contractual information to be given
• Conflict in/between Contract Documents
CONTRACTOR’S PROPOSALS
• Principles
• Design/specification proposals – use of Specialists/Sub-Contractors
• Approvals
• Extent of design solutions to be given at tender stage
• Alternative proposals
• Retrospective design liability
• Lump sum offer – alternatives; qualifications
CONDITIONS OF CONTRACT
• Key contract conditions, including those related to the Contractor’s dual responsibility
• Materials and workmanship
• Assignment
• Employment of Sub-contractors
• Possession/completion and damages for non-completion
• Changes to the Employer’s Requirements and their valuation
• Entitlement to recover loss and/or expense
• Sectional completion
• Interest
• Payments and final account matters
• Suspension
• Adjudication – the JCT Approach
INSURANCES INCLUDING DESIGN LIABILITY INSURANCES
• Review of requirements under JCT and protection afforded
• Review of available insurances against risk of design, defects, policy limitations and exceptions
NOVATED DESIGN
• Current practice; procedures involved; potential pitfalls
THIRD PARTY RIGHTS
• Third party rights
• JCT approach, use and treatment of statute and collateral warranties
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