Construction Contract Standard Forms Of A Guide To-Books Pdf

Construction Contract Standard forms of A Guide to
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Introduction Procurement Risk, The most brilliant design remains just that a design In providing a concise primer for contract selection The formation of a contract involves acceptance of an. unless turned into reality by building operations Those is not appropriate for this guide to address the broader offer an intention to have a legally binding agreement. operations generally and always in the public sector issue of procurement It assumes an understanding of performance and payment Transfer of risk is often. context require a formal agreement which sets out who procurement and the routes available. referred to but in reality the allocation of risk not its. does what for how much how it should be done and transfer is a major element in any contract. allocates the risk a contract The transition from a However the choice of contract flows from the. successful design to a successful building requires the procurement route chosen for the project The choice. The offer includes a proposed allocation of risk which is. selection of a contract which reflects the aspirations of of procurement route depends on the Client s required. agreed in making the contract and the agreed payment. the Parties and meets the demands of the project balance of time cost quality and an analysis of how that. includes consideration for the risk taken in performance. can be achieved This is in the context of the Client s. of the contract For example price certainty is bought. An essential skill of a Contract Administrator is the other requirements not least being his required level of. by paying the contractor to accept the risk of fixing a. selection and management of the building contract involvement in the design and construction process and. price in a commercial changing market, For each project key criteria must be considered and the extent to which he may change his mind or wish to. risks allocated before the form of contract is selected alter the specification during construction. The degree of risk involved in certain key aspects of. That selection can be made from a range of standard the project must therefore be assessed in respect of. forms of contract Those considerations promote a useful set of criteria. whether it is more economic for the Employer to take. for selection of the form of contract In this guide each. a risk or for him to pay the Contractor to take it for him. This guide presents a list of the principal standard forms contract form is summarised in terms of the following. This is an essential consideration in selecting a contract. of building contract highlighting significant features It is key criteria. form in support of a procurement route which achieves. presented in a ready reckoner format as a primer for best value. the contract selection process As such it is not Speed design and construction. exhaustive and is not intended to be a sole source of Cost certainty. The key risk areas identified in this guide for, reference when selecting a contract It is a quick Dealing with complexity. consideration when selecting a contract form are, reference a memory jogger which suggests key criteria Client s involvement. and risks for consideration with a broad comparative Capacity for variations. analysis as a start to the selection process Clarity of remedies. Separation of design and management, The guide is presented in the form of a matrix The centre.
section of the matrix sets out in bar chart format the The contracts included in this guide cover the principal. In the matrix each contract form is summarised in terms. allocation of risk and the weight ascribed to key criteria procurement methods. of those principal risk areas,for each contract form. General contracting,Design and build,Construction management. Partnering,Management contracting, This guide is not exhaustive and is not intended to be. a sole source of reference when selecting a contract. It is a quick reference providing a broad comparative. analysis as a way in to the selection process, Project managers must make their own assessment of. each form particularly in the context of each specific. project SCALA disclaims responsibility for decisions. made on the basis of this guide,Published February 2003.
Key to reading the guide JCT 98 Standard Form Building Contract. CONTRACTOR,CONTRACTOR,A Selection Criteria blue G Client involvement. The blue area of the matrix covers six key criteria to That it can enable a moderate to high level of Client. consider when selecting a contract form involvement in the management of the project. B Risk Areas green H Speed It is published in six versions private and local authority versions with and without. The green area of the matrix covers three key risk Low to moderate speed of implementation from quantities and with approximate quantities. areas to consider when selecting a contract form design to completion. It is published with supplements for the private and local authority versions covering. C High Low I Clarity of remedies fluctuations sectional completion and contractor s design. The scale for reading the characteristics bars for Low clarity relatively difficult to trace contractual There are nine sub contract forms designed for use with JCT 98. each key criterion remedies In addition to the forms produced by the JCT there are forms for domestic. Indicates high low capacity for accommodating each J Complexity sub contracts including a domestic sub contractor s designed portion supplement. criterion The bars indicate the range which can be Ability to be applied to projects covering a wide range. achieved and within which a level can be selected for of complexity. a specific contract notes,K Design management separation. D Contractor Employer That the project designers and the managers of A much used standard form which for many is an automatic choice and a benchmark Developed. The scale for reading the allocation bars for each the contract are the same or very closely related over a long period to respond to the needs of general contracting it is necessarily a complex. key risk area There is low separation of design and management document It enables a high level of Employer involvement through the role of Architect Contract. Indicates where each risk is allocated The bars Administrator and Quantity Surveyor together with the provisions for variations and nomination of. indicate the range over which the risk can be sub contractors by the Employer. The Contractor bears the main risk for default,allocated for a specific contact. under the Contract,In this example,M Quality failure. E Cost certainty The Contractor bears the main risk for failure of. This can be used to achieve moderate to reasonably construction quality. high price certainty, F Capacity for variations The Contractor bears the main risk for delay under.
This enables a moderately high capacity for managing the Contract. variations,JCT IFC JCT MW 98, Intermediate Form of Building Contract Agreement for minor work. CONTRACTOR,CONTRACTOR, This general contract form is published with the following associated documents This form is published with a single associated document the Minor Works. supplement which covers contributions levy and tax changes and statutory deduction. IFC FS Fluctuations supplement and formula rules,IFC SCS Sectional completion supplement. NAM T 98 Tender and agreement for named sub contractors notes. NAM SC 98 sub contract conditions for named sub contractors This contract is designed for use only on small and simple works The conditions give a bare outline. ESA 1 RIBA CASEC Employer Specialist agreement of the parties duties and responsibilities and risk allocation is too simple for more complex. IN SC Articles of agreement for domestic sub contracts cic situations It is very useful for such projects domestic extensions but generally should not be used. IN SC Conditions for domestic sub Contracts cic on contracts exceeding 70 000 at 1992 prices Its principal feature is simplicity but this is a. disbenefit when exposed to many different kinds of risk. Bridges the gap between JCT 98 and MW 98 this is a fairly complex form Intended for well. specified traditional building work without complex services packages For specialist work it utilises. naming rather than nomination It is flexible and can be used with or without bills of quantities. JCT PCC 98 JCT CD 98, Prime cost contract Standard form with contractors design. CONTRACTOR,CONTRACTOR, There is a suite of associated documentation mirroring those produced for nomination notes.
under JCT 98 Design and build An Employer s Agent acts on behalf if the employer The contract is let on the. basis of Employer s Requirements often in the form of a performance specification and. Contractors Proposals to comply with those requirements The level of specification covered by this. notes approach is potentially wide ranging from a prescriptive design with planning permission to simply a. Intended for situations where it is not possible to obtain a precise definition of the works prior to their written Brief Naming of sub contractors for specialist work if necessary can be achieved by. commencement or consequently to obtain a firm price for work in advance The practice note careful wording of these requirements and is also catered for in Supplemental Conditions Suitable for. accompanying the contract Joint Contracts Tribunal 1992 gives various examples of appropriate design and build and detailed design and construct procurement routes. situations including repairs refurbishment or alterations It assumes design specification work by the. Architect and Quantity Surveyor in requiring an outline description of the works and an estimate of. the prime cost The contractor quotes a fixed fee or percentage fee for carrying out the work and in. addition is paid the full cost of all resources validly used in the discharge of the contract Since a. precise definition of the work is not available the contractor does not carry out any work at all. without an instruction from the architect,JCT MC 98 JCT MTC 98. Management contract Measured term contract,CONTRACTOR. CONTRACTOR, This form of contract has the following associated documents notes. This form is designed for the situation where an employer requires regular maintenance or some. WKS 1 Section 1 Invitation to tender other kind of minor works to be carried out and wishes to engage only one contractor for a specific. WKS 2 Section 2 Tender by works contractor period The single contract will then cover a number of separate jobs since the contractor carries out. WKS 1 Section 3 Agreement work from time to time on receipt of instructions form the employer. WKS 2 Work Contract 2 Conditions of contract, Wks 3 Works Contract 3 Employer works contractor agreement. Phased completion supplement for management contract. Phased completion supplement for works contract,Formula rules for the works contract.
All work is sub contracted and the main contractor acts in a managing and co coordinating role The. conditions of contract WKS 2 are based on the NSC conditions prepared by JCT for use with. nominated sub contractors under JCT 98, JCT Construction management contract ICE Conditions of Contract. CONTRACTOR,CONTRACTOR,notes notes, The form is intended to reflect current good practice in construction management It utilises One version for use with public or private clients intended for major civil engineering projects The. alternative clauses to achieve flexibility and to tailor the contract to the requirements of each specific engineer s position is analogous to the position of the architect in other forms Work is to be carried. project out to the satisfaction of the engineer whose powers of control and direction are extensive. The contractor is paid at the contracts rate which may be subject to variation for the actual. quantities of work carried out Rather than a Contract Sum the conditions refer to a tender total. and to a control price which is ascertained in accordance with the conditions. ICE Minor Works Contract The ACA Form of Building Agreement. CONTRACTOR,CONTRACTOR,notes notes, A simpler version of the main ICE form The method of payment can be calculated by This form attempts to provide a less complex alternative to some other forms In the opinion of the. remeasurement lump sum day works cost plus fee or any combination of these There are no ACA it is more concise and lacks amendments which are difficult to manage It can be adapted for. provisions for nomination of sub contractors Provisions for extensions of time liquidated Design and Build projects It is another example of a flexible approach It features standard alternative. damages valuation of variations etc are simplified but limited in their application although more clauses which can thus be styled to suit the Parties and their specific project. detailed than JCT MW 80, It is intended for use on contracts of less than 100 000 and six months duration but could be. considered for larger jobs,PPC 2000 FIDIC Conditions of Contract.
CONTRACTOR,CONTRACTOR, notes Published by the International Federation of Consulting Engineers FIDIC in association. The first standard form for partnering to be published A direct result of Rethinking Construction with the European International Federation of Construction FEIC. Client Contractor Consultants and key specialists all sign up to a single pa. Standard forms of Construction Contract Outlining Key Characteristics and Components Produced for SCALA and the Local Government Task Force by Rob Tate Dip Arch Dip TP Dip Arb FCIArb RIBA 01582 516662 rob tate ntlworld com You can contact the Local Government Task Force tel 020 7837 8286 or by visiting www lgtf org uk You can contact SCALA tel 01446 771209 email info scala org uk or by

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