Guide to JCT Minor Works Building Contract 2016, Edition 2021 (PDF)

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About

Edition: 2021
Pages: 129
Author(s): Sarah Lupton
Publisher: RIBA
Language: English
Size: 68 Mb

The Minor Works Building Contract is by far the most widely used standard form of building contract and plays a vitally important part in the procurement of small-scale building projects.

The Guide assumes no prior knowledge of the form. After a general introduction setting out key provisions and changes, it explains some basic legal concepts and key legislation relevant to smaller projects. As the form is short, it is particularly important to understand the legal framework within which it is set, as this will help to ensure it is used appropriately.

For example, MW16 complies with the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009. The provisions introduced by this legislation, which ensure the form can be used on commercial projects, are identified and discussed in the Guide. However, these provisions are not essential for contracts not covered by this Act, such as those with a residential occupier. Therefore,where the form is being considered for use in this situation the complex provisions and their implications should be explained carefully to the client in advance of its selection.

The Guide examines the key issues that would be relevant to the contract administrator and the parties to the contract: the programming and timing issues, quality and control of the works, payment, insurance, termination and dispute resolution. It contains many tables that might act as useful checklists for the practitioner and diagrams to clarify the procedural sequences.

This Guide is intended as a clear and straightforward point of reference for those using and studying the form, including those encountering the contract for the first time and those needing regular reminders when actively engaged in administering a project.

Content:

Foreword
About the author
Contents
About this Guide
1 About MW16
Key features
Changes since MW11
Use in different situations
Use by domestic clients
Use by public bodies
Advising on MW1  
Some general principles of contract law
Formation
Express terms
Implied terms
Exemption clauses
2 Documents
Tendering
Tendering procedures
Contract documents
Health and safety documents
Execution
Use of documents
Interpretation, definitions
Priority of contract documents
Inconsistencies, errors or omissions
Custody and control of documents
Sub-contract documents
3 Obligations of the contractor
The works
Design
Materials, goods and workmanship: MW16
Materials, goods and workmanship: MWD16
Obligations in respect of quality of sub-contracted work
Compliance with statute
Health and safety legislation
Other obligations
4 Commencement and completion
Commencement by the contractor
Occupation by the employer
Progress
Completion
Extensions of time
Principle
Procedure
Assessment
Occupation before practical completion
Practical completion
Practical completion of the works
Procedure at practical completion
Failure to complete by the completion date
Liquidated and ascertained damages
5 Control of the works
Person in charge
Clerk of works
Sub-contracted work
Work not forming part of the contract/persons engaged by the employer
Principal designer
Information to be provided by the contract administrator
Information provided by the contractor
Inspection and tests
Contract administrator’s instructions
Variations
Defective work
Making good defects
6 Sums properly due
Provisional sums
Valuation of variations
Direct loss and/or expense
Fluctuations
7 Certification
Interim payments
Value of work properly executed
Accepting defective work
Unfixed materials and goods
Retention
Payment procedure
Payment when no certificate is issued
Deductions
Employer’s obligation to pay
Contractor’s position if the certificate is not paid
Contractor’s position if it disagrees with an amount certified
Certificates after practical completion
Final certificate
Conclusive effect of final certificate
8 Indemnity and insurance
Injury to persons
Damage to property
Insurance of the works
Action following damage to the works
The contract administrator’s role in insurance
9 Termination
Repudiation or termination
Termination by the employer
Insolvency of the contractor
Termination by the contractor
Termination by either party
10 Dispute resolution
Alternative dispute resolution
Adjudication
Arbitration
Litigation
References
Publications
Cases
Legislation
Clause Index for MW16
Clause Index for MWD16
Subject Index

Tags: Guide to JCT Minor Works pdf, JCT Minor Contract pdf, Minor Works Building Contract pdf