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| Contract Documentation for Contractors (3rd edition) |
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| The JCT Standard forms of building contract require a thorough understanding of their procedural requirements, as well as their legal implications. They require both the contractor and the architect, on behalf of the employer, to send a wide range of notices and letters if each party is to protect its legitimate interests. The main contract forms are also supported by complex sub-contract documentation, and it is not surprising therefore that, when this book of specimen letters, notices and forms was first published, it was widely welcomed by the construction industry. The book provides examples of documentation likely to be required for a contract under the following JCT forms: Standard Form of Building Contract; Intermediate Form of Building Contract; Agreement for Minor Building Works; Standard Form of Building Contract with Contractor's Design. The new edition takes account of the wide range of amendments to the latest editions of the standard forms following the Housing Grants, Construction and Regeneration Act 1996, in particular the new payment and adjudication provisions. It features for the first time documentation for use with the JCT design and build form. |
| | Review of this title : | Three more eminent names in the world of construction dispute resolution would be hard to find. The 'old guard' being followed, in the 3rd edition of this work first published in 1985, by the new.
The book looks at the four main standard forms of contract used in the industry, together with the relevant subcontracts, from the point of view of the contractor. This does not mean that it ignores the employer, the architect or other consultants. It sets out to show how the contractor should deal with administering the contractual relationships from pre-tender to post completion of the works. It does this by setting out short commentaries on aspects of the contract forms together with standard letters that could be used by a contractor as a basis for actual letters.
I found the tables setting out where the contractor is obliged to serve notices in order to obtain a specified result (e.g. the requirement to serve a timely notice giving information regarding a delay as the basis for an eventual extension of the contract period or forfeit the right) very useful. Some of the advice in the pre-contract period is relatively unique. The area devoted to subcontractors and suppliers, and to the nominated subcontractor especially, is a useful area as contracts exist not only between employer and contractor but also between contractor and subcontractor and these contracts also have an effect on the 'main' contract.
The book cannot be just read in isolation. It needs an understanding of the law of contract in general, an appreciation of the standard forms of contract as well as an introduction into the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Acts and the principles under which these work. It does warn contractors where to stop and get further help; for many contractors, to their own detriment, either fail to understand what they should do or try to work beyond the limits of their understanding.
Would I use the book? The answer is 'yes, in principle'. However, as an opponent of construction disputes I would like to soften the tone of many letters and make them less threatening. Having worked in both contracting and professional practice I see the frustration of many contractors when confronted by erudite professionals. But I also appreciate that professionals who get a 'stiff' letter may respond in a similar vein and so start the confrontation process. My advice is, use this useful book, but look carefully at the tone of the letters that you write. One can be correct and friendly without harming one's position and right. If it does end up in arbitration or litigation the impression given to the judge or arbitrator is one of reasonableness.
| | Reviewed By : Brian Bartram MBA, FRICS, FCIArb, MCIOB |
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