Guide to the JCT Design and Build Contract - 2024 Edition

Seán Mac Labhraí is Head of Legal at Ardmore Construction Group Limited, UK. He is a CEDR Accredited Mediator, a Fellow of the Chartered Institute of Arbitrators and a Court Assistant, Worshipful Company of Arbitrators.

Table of Contents

Introduction





Key Changes from the 2016 Edition of the JCT Design & Build Contract
The parties
Overview of the Contract Documents



How to use this book

Part 1: Commentary





The Agreement


The Recitals
The Articles
The Contract Particulars
Attestation


The Conditions


Section 1: Definitions and Interpretation


Definitions
Interpretation


Section 2: Carrying out the Works


Contractor’s Obligations
Possession
Supply of Documents, Setting Out etc.
Discrepancies and Divergences
Design Work – liabilities and limitation
Fees, Royalties and Patent Rights
Unfixed Materials and Goods – property, risk etc.
Adjustment of Completion Date
Practical Completion, Lateness and Liquidated Damages
Partial Possession by Employer
Defects
Contractor’s Design Documents


Section 3: Control of the Works


Access and Representatives
Sub-Contracting
Employer’s Instructions
CDM Regulations


Section 4: Payment


Contract Sum and Adjustments
Taxes
Payments and Notices – general provisions
Interim Payments – calculation of sums due
Listed Items
Retention
Loss and Expense
Final Statement and Final Payment


Section 5: Changes


General
The Valuation Rules


Section 6: Injury, Damage and Insurance


Personal Injury and Property Damage
Insurance against Personal Injury and Property Damage
Insurance of the Works and Existing Structures
Professional Indemnity Insurance
Joint Fire Code - compliance


Section 7: Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties


Assignment
Performance Bonds and Guarantees
Clauses 7A to 7E – Preliminary
Third Party Rights from Contractor
Collateral Warranties from Contractor
Third Party Rights and Collateral Warranties from Sub-Contractors


Section 8: Termination


General
Termination by Employer
Termination by Contractor
Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations
Consequences of Termination under clauses 8.9 to 8.11, etc.


Section 9: Settlement of Disputes


Mediation
Adjudication
Arbitration




The Schedules


Schedule 1: Design Submission Procedure
Schedule 2: Supplemental Provisions
Schedule 3: Insurance Options
Schedule 4: Code of Practice
Schedule 5: Third Party Rights
Schedule 6: Forms of Bonds
Schedule 7: JCT Fluctuations Option A


The Employer’s Requirements
The Contractor’s Proposals
The Contract Sum Analysis
Other frequent contract documents:


Performance bonds
Parent company guarantees
Collateral warranties
Novation agreements
Vesting certificates
Third party agreements




Part 2: Resources for Contract Administration


Contractor Resources
Employer Resources



Further reading

Glossary

Subject index

Clause index