Jct Contracts

0320803A JCTCAT09 32pp.qxd:JCTCAT08 19/05/2009 12:43 Page 1

JCT Contracts The building blocks of success

JCT 05 ConTraCTs and doCumenTaTion

Catalogue 2009 www.jctcontracts.com



www.jctcontracts.com


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WELCOME Dear colleague, Welcome to the JCT catalogue for 2009

Recent new contracts

2009 sees JCT moving ever forwards, bringing you new contracts and a host of revised contracts.

The Pre-Construction Services Agreement (General Contractor) (PCSA) and the Pre-Construction Services Agreement (Specialist) (PCSA/SP) (see page 17), published at the end of 2008 along with the Consultancy Agreement (Public Sector) (CA) (see page 7).

Revision 2 We are pleased to announce the publication of JCT Contracts Revision 2 from May 2009. The biggest change to the contracts is the incorporation of sustainability provisions, following JCT’s consultation, and provisions building on OGC’s Achieving Excellence Criteria. JCT has also taken the opportunity to modify aspects of the payment provisions, while awaiting the outcome of the proposed new payment legislation. You will see in the contract listings which contracts will be part of JCT Contracts Revision 2 and the publication dates.

Revised versions of the Construction Management documentation comprising of the Construction Management Appointment (CM/A), Construction Management Trade Contract (CM/TC), Construction Management Guide (CM/G) also published last year.The associated collateral warranties published in March 2009. The new Project Bank Account Documentation published in April provides guidance on enabling a project bank account to be set up and operated (see page 18).

Once the Revision 2 version of a contract is published, the Revision 1 Contract and its 98 equivalent will be withdrawn. Withdrawn contracts will be made available with an "outdated" watermark through Sweet and Maxwell Document Delivery Service, [email protected].

JCT Contracts Digital Service

The relevant contract guide will be revised and contain all the information you need to understand the implications of Revision 2. The revised Guide contains a user checklist that will help you to identify the key information needed to complete the contract.

Visit www.jctcontracts.com, your local stockist or contact a member of the team listed overleaf should you have any further enquires

This essential tool continues to make contract drafting even easier. Go to page 22 to find out how JCT Contracts Digital Service can revolutionise contract drafting for your business.

The JCT team at Sweet & Maxwell Thomson Reuters

The JCT and Sustainability JCT has produced a new guidance note on sustainability, Building a sustainable future together, that should assist construction contractors in negotiating sustainability clauses and ensuring the long term financial viability of projects. The new guidance note is available to buy in print or to download at www.jctcontracts.com (see page 9).

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The JCT and Sweet & Maxwell In 2005 the Joint Contracts Tribunal joined forces with Sweet & Maxwell who now publish all contracts and other building documentation produced by the JCT. Sweet & Maxwell is a leading provider of intelligent information and information solutions to the legal and professional markets in the UK and Ireland, with over 200 years of history and heritage in legal publishing.

The JCT 05 Suite of Contracts The JCT 05 suite of documents contains revisions and updates to many of the most popular contracts. Some contracts have been amalgamated into larger documents; see the Contract Finder table on page 32 for details of these.

New Look Contract Families Every contract family now has a unique colour with main contracts and sub-contracts clearly marked to distinguish them from each other. This has been done to make identifying the contract you need to use as simple a process as possible.

Contact us For further information please email us at the relevant addresses for your query. Customer services: [email protected] Trade sales: [email protected] [email protected] [email protected] Marketing: [email protected]



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CONTENTS Contract Families

Page

adjudication agreement

4

agreement for Housing Grant Works and Guidance note

4

Collateral Warranties

4

Constructing excellence

5

Construction management

6

Consultancy agreement

7

design and Build Contract

8

Framework agreement

9

Generic Contracts

9

Guidance note: Building a sustainable future together

9

intermediate Building Contract

10

major Project Construction Contract

13

management Building Contract

14

measured Term Contract

15

minor Works Building Contract

16

Pre-construction services agreement

17

Prime Cost Building Contract

18

Project Bank account documentation

18

repair and maintenance Contract

18

standard Building Contract

18

JCT Home Owner Contracts

21

JCT Contracts Digital Service

22

Contract Finder

23

The JCT Contracts Website

28

Stocklist Details

30


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Adjudication Agreement


Adjudication Agreement (adj)

Contractor Collateral Warranty for a Funder (CWa/F)

ISBN: 978-0-418-82440-5 Price: £7.80

ISBN: 978-0-418-82460-3 Price: £11.55

Appropriate:

Contractor Collateral Warranty for a Funder Revision 2009

• Where the adjudicator is to be appointed in respect of a construction dispute that has arisen under a JCT contract/subcontract/agreement

ISBN: 978-0-414-04096-0 Price: £12.36

Publishing May 2009

This Warranty may be given by a contractor to a provider of finance (‘Funder’) for proposed building works let or to be let under: • A JCT Standard Building Contract (SBC) • A JCT Intermediate Building Contract (IC) • A JCT Intermediate Building Contract with contractor’s design (ICD) • A JCT Design and Build Contract (DB) • A JCT Prime Cost Building Contract (PCC)

Adjudication Agreement Named Adjudicator (adj/n) ISBN: 978-0-418-82450-4 Price: £7.80

Appropriate: • Where the adjudicator is named in a JCT contract/sub-contract/agreement for the purpose of adjudicating upon a dispute that may arise under that contract

Contractor Collateral Warranty for a Purchaser or Tenant (CWa/P&T) ISBN: 978-0-418-82470-2 Price: £11.55

Contractor Collateral Warranty for a Purchaser & Tenant Revision 2009 (CWa/P&T) ISBN: 978-0-414-04110-3 Price: £12.36

Publishing June 2009

This Warranty may be given by a contractor to a purchaser or tenant of the whole or part of the building(s) comprising the works which are being or have been carried out under:

Agreement for Housing Grant Works Agreement for Housing Grant Works and Guidance Note HG(A)02

• A JCT Standard Building Contract (SBC) • A JCT Intermediate Building Contract (IC) • A JCT Intermediate Building Contract with contractor’s design (ICD) • A JCT Design and Build Contract (DB) • A JCT Prime Cost Building Contract (PCC)

ISBN: 978-0-418-82400-9 Price: £17.86

Appropriate for work to a domestic building: • Where a grant is to be paid by a local authority in respect of that work under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 • Where an Architect or Contract Administrator has been appointed to advise on and to administer its terms • Where a lump sum has been agreed • Where no fluctuations are to apply It is not suitable for use where bills of quantities would normally be required. Amendment 2: CDM Regulations/Insurance (October 2007) for the Agreement for Housing Grant Works HG(A) 2002 Edition is available to download from www.jctcontracts.com. There is no 2005 edition of this contract. JCT has decided not to update it and no further Amendment will be issued. Please go to www.jctcontracts.com to download the relevant Amendment.


Sub-Contractor Collateral Warranty for a Funder (SCWa/F) ISBN: 978-0-418-82490-0 Price: £11.55

Sub-Contractor Collateral Warranty for a Funder Revision 2009 (SCWa/F) ISBN: 978-0-414-04100-4 Price: £12.36

This Warranty may be given by a sub-contractor to a provider of finance (‘Funder’) for proposed building works let or to be let under: • A JCT Standard Building Contract (SBC) • A JCT Intermediate Building Contract (IC) • A JCT Intermediate Building Contract with contractor’s design (ICD) • A JCT Design and Build Contract (DB) • A JCT Prime Cost Building Contract (PCC)



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Sub-Contractor Collateral Warranty for a Purchaser or Tenant 2007 (SCWa/P&T)

Constructing Excellence

ISBN: 978-0-418-82500-6 Price: £11.55

Sub-Contractor Collateral Warranty for a Purchaser or Tenant Revision 2009 (SCWa/P&T) ISBN: 978-0-414-04090-8 Price: £12.36


JCT-Constructing Excellence Contract (CE) ISBN: 978-0-418-84760-2 Price: £36.75

JCT-Constructing Excellence Contract Revision 1 2009 (CE) ISBN: 978-0-414-04107-3 Price: £38.59

This Warranty may be given by a sub-contractor to a purchaser or tenant of the whole or part of the building(s) comprising the main contract works which are being or have been carried out under:

Publishing July 2009

Appropriate: • For the procurement of construction works and construction related services • For use throughout the supply chain including the provision of professional services • For use where participants wish to engender collaborative and integrative working • For use in partnering

• A JCT Standard Building Contract (SBC) • A JCT Intermediate Building Contract (IC) • A JCT Intermediate Building Contract with contractor’s design (ICD) • A JCT Design and Build Contract (DB) • A JCT Prime Cost Building Contract (PCC)

Can be used:

Sub-Contractor Collateral Warranty for Employer 2007 (SCWa/E) ISBN: 978-0-418-82480-1

Price: £11.55

Sub-Contractor Collateral Warranty for an Employer Revision 2009 (SCWa/E) ISBN: 978-0-414-04097-7 Price: £12.36

This Warranty may be given by a sub-contractor to an employer (‘Employer’) for proposed building works let or to be let under: • A JCT Standard Building Contract (SBC) • A JCT Intermediate Building Contract (IC) • A JCT Intermediate Building Contract with contractor’s design (ICD) • A JCT Design and Build Contract (DB) • A JCT Prime Cost Building Contract (PCC)


• • • •

Whether or not the supplier is to design Where the works are to be carried out in sections For Target Cost or Lump Sum Where the Client is to enter into direct separate trade contracts using the Construction Management Trade Contract (CM/TC) or a special Trade Contract

JCT-Constructing Excellence Contract Project Team Agreement (CE/P) ISBN: 978-0-418-84770-1 Price: £21.40

JCT-Constructing Excellence Contract - Project Team Agreement Revision 1 2009 (CE/P) ISBN: 978-0-414-04106-6 Price: £22.90


Appropriate: • For use in conjunction with the JCT Constructing Excellence Contract (CE) • Where members of the project team are to enter into a multi-party pain/gain agreement

Setting the standard for construction contracts


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Construction Management Appointment (CM/A)

Constructing Excellence

ISBN: 978-0-418-82530-3 Price: £25.95

JCT-Constructing Excellence Contract Guide (CE/G) ISBN: 978-0-418-84750-3 Price: £21.40

JCT-Constructing Excellence Contract Guide Revision 2009 (CE/G) ISBN: 978-0-414-04108-0 Price £22.90


• Where a Construction Manager is to manage the project on behalf of the Employer • Where the Employer is to enter into direct separate trade contracts using the Construction Management Trade Contract (CM/TC) or a special Trade Contract

The revised Guide contains a user checklist that will help you to identify the key information needed to complete the contract.

Can be used: • Where the works are to be carried out in sections

JCT-Constructing Excellence Contract Pack (CE PACK) (Consists of CE, CE/P and CE/G) ISBN: 978-0-418-84780-0 Price: £78.75

JCT-Constructing Excellence Contract Revision 1 2009 Pack (CE pack) Price: £82.69

OUT NOW

Appropriate:

This Guide covers aspects of both the JCT Constructing Excellence Contract and the Project Team Agreement, including help on the completion of these two documents. It is intended to provide a general introduction to these contracts and it is not a substitute for professional advice.

ISBN: 978-0-414-04109-7

The ‘main contract’ for the procurement path of construction management is the Construction Management Appointment (CM/A). This agreement is part of a suite of documentation for use where separate contractual responsibility for the management, design and the construction of the project is required.


Construction Manager Collateral Warranty for a Funder (CMWa/F) ISBN: 978-0-418-82550-1

Price: £17.95

This Warranty may be given by a construction manager to a provider of finance (‘Funder’) for a proposed Project managed by a construction manager under the Construction Management Appointment (CM/A).

OUT NOW

Construction Management Construction Management Trade Contract (CM/TC) ISBN: 978-0-418-82540-2

Price: £37.50

This Contract is to be entered into between the Employer and the Trade Contractor in conjunction with the Construction Management Appointment (CM/A.) Appropriate: • Where the Employer is to enter into direct separate trade contracts • Where a Construction Manager engaged under the Construction Management Appointment is to administer the conditions on behalf of the Employer Can be used: • Where the works are to be carried out in sections


OUT NOW

Construction Manager Collateral Warranty for a Purchaser or Tenant (CMWa/P&T) ISBN: 978-0-418-82560-0 Price: £17.95

This Warranty may be given by a construction manager to a purchaser or tenant of the whole or part of the building(s) comprising the Project which is being or has been managed under the Construction Management Appointment (CM/A).

OUT NOW


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Trade Contractor Collateral Warranty for a Funder (TCWa/F)

Consultancy Agreement

ISBN: 978-0-418-85190-6 Price: £19.95

This Warranty may be given by a trade contractor to a provider of finance (‘Funder’) for a proposed Project managed by a construction manager under the Construction Management Appointment (CM/A).

OUT NOW

Consultancy Agreement (CA) ISBN: 978-1-847-03757-2 Price: £35

Appropriate for use by Public Sector employers who are undertaking construction works and wish to engage a consultant (regardless of discipline) to carry our services in respect of such works.

OUT NOW

Trade Contractor Collateral Warranty for a Purchaser or Tennant (TCWa/P&T) ISBN: 978-0-418-85180-7 Price: £17.95

This Warranty may be given by a trade contractor to a purchaser or tenant of the whole or part of the building(s) comprising the Project managed by a construction manager under the Construction Management Appointment (CM/A).

OUT NOW

Construction Management Guide (CM/G) ISBN: 978-0-418-82520-4 Price: £19.95

This Guide is intended to provide a general introduction to the Construction Management Appointment and the Construction Management Trade Contract and is not a substitute for professional advice.

OUT NOW



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Design and Build Sub-Contract Agreement Revision 1 2007 (DBSub/A)

Design and Build

ISBN: 978-0-418-84930-9 Price: £27.25

Design and Build Contract Revision 1 2007 (DB) ISBN: 978-0-418-85100-5 Price: £33.87

Design and Build Contract Revision 2 2009 (DB) ISBN: 978-1-847-03941-5 Price: £35.90

Publishing May 2009

Design and Build Sub-Contract Agreement Revision 2 2009 (DBSub/A ) ISBN: 978-1-847-03938-5 Price: £28.61

Publishing May 2009

Appropriate: • For use with the Design and Build Contract • For sub-contract works whether or not they include design by the Sub-Contractor

Appropriate: • Where detailed contract provisions are necessary and Employer’s Requirements have been prepared and provided to the Contractor • Where the Contractor is not only to carry out and complete the works, but also to complete the design • Where the Employer employs an agent (who may be an external consultant or employee) to administer the conditions

Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the sub-contract works

Can be used: • Where the works are to be carried out in sections • By both private and local authority employers

Design and Build Sub-Contract Conditions Revision 1 2007 (DBSub/C)

Where the Contractor is restricted to design small discrete parts of the works and not made responsible for completing the design for the whole works, consideration should be given to using one of the JCT contracts that provide for such limited design input by the Contractor and the employment of an Architect/Contract Administrator

ISBN: 978-0-418-84940-8 Price: £32.33

Design and Build Sub-Contract Conditions Revision 2 2009 (DBSub/C) ISBN: 978-0-414-04121-9 Price: £34.27

Publishing May 2009

Appropriate:

Design and Build Contract Guide (DB/G) ISBN: 978-0-418-82580-8 Price: £20.87

Design and Build Contract Guide Revision 2009 (DB/G) ISBN: 978-1-847-03958-3 Price: £22.33

This Guide is intended to provide a general introduction to the contract and is not a substitute for professional advice. The revised Guide contains a user checklist that will help you to identify the key information needed to complete the contract.

Publishing May 2009

• For use with the Design and Build Contract • For sub-contract works whether or not they include design by the Sub-Contractor Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the sub-contract works

Design and Build Sub-Contract Guide (DBSub/G) ISBN: 978-0-414-04013-7 Price: £19.21

Design and Build Sub-Contract Guide Revision 2009 (DBSub/G) ISBN: 978-0-414-04013-7 Price: £20.55

This Guide is intended to provide a general introduction to the contract and is not a substitute for professional advice.


Publishing May 2009


9

Framework Agreement

Generic Contracts

Framework Agreement 2007(FA) (Supersedes FA 2005)

Short Form of Sub-Contract Revision 1 2007 (ShortSub)

ISBN: 978-0-418-85160-9 Price: £22.58

ISBN: 978-8-418-84910-1 Price: £12.08

Appropriate:

Short Form of Sub-Contract Revision 2, 2009 (ShortSub) ISBN: 978-0-414-04120-2 Price: £12.68

• For the procurement of construction or engineering related works over a period of time • For use by clients with contractors and/or suppliers • For use by contractors, sub-contractors and/or suppliers sub-letting to others in the supply chain • For use with most standard forms of construction and engineering contracts and subcontracts

Publishing May 2009

Appropriate: • For use where the main contract is a JCT contract • For a small sub-contract package of work or one that is of straightforward content with low risk involved Can be used:

Can be used: • Where compliance with the public procurement rules is required • On a single project

• Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement Not suitable:

Framework Agreement Guide 2007 FA/G (Supersedes FA/G 2005) ISBN: 978-0-418-85170-8 Price: £19.21

This Guide is intended to provide a general introduction to the Framework Agreement 2007 and is not a substitute for professional advice.

• Where the sub-contract works are of a complex technical nature • Where the Sub-Contractor is to design any part of the sub-contract works, even though the other criteria are met • Where provisions which are fully back to back with the main contract are required

Sub-subcontract Revision 1 2007 (SubSub) ISBN: 978-0-418-85090-9 Price: £12.08

Sub-subcontract Revision 2 2009 (SubSub) ISBN: 978-1-847-03931-6 Price: £12.68

Publishing May 2009

Can be used:

Guidance Note Guidance Note: Building a sustainable future together ISBN: 978-1-847-03892-0 Price: £10

This publication analyses how sustainability might be provided for within contract documentation.

OUT NOW

• For use where the main contract is a JCT contract • With any sub-contract • Where the sub-subcontract works and/or subcontract works are to be carried out in sections • For sub-subcontract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement Not suitable: • Where the sub-subcontract works are of a complex technical nature • Where provisions which are fully back to back with the sub-contract are required



10

Intermediate Building Contract

Intermediate Building Contract with contractor’s design Revision 1 2007 (ICD) ISBN: 978-0-418-84850-0 Price: £30.21

Intermediate Building Contract Revision 1 2007 (IC) ISBN: 978-0-418-84840-1

Price: £30.21

Intermediate Building Contract with contractor’s design Revision 2 2009 (ICD)

Intermediate Building Contract Revision 2 2009 (IC)

ISBN: 978-1-847-03955-2 Price: £32.02

ISBN: 978-0-414-04010-6 Price: £32.02

Appropriate:


Appropriate: • Where the proposed building works are of simple content involving the normal, recognised basic trades and skills of the industry, without building service installations of a complex nature or other complex specialist work • Where the works are designed by or on behalf of the Employer, fairly detailed contract provisions are necessary and the Employer is to provide the Contractor with drawings and bills of quantities, a specification or work schedules to define adequately the quantity and quality of the work • Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions This contract provides more detailed provisions and more extensive control procedures than the Minor Works Building Contract (MW) but is less detailed than the Standard Building Contract (SBC). Can be used: • Where the works are to be carried out in sections • By both private and local authority employers • Where provisions are required to cover named specialists Not suitable: • Where the Contractor is to design discrete part(s) of the works, even though all the other criteria are met – consider the Intermediate Building Contract with contractor’s design (ICD)


• Where the proposed building works are of simple content involving the normal, recognised basic trades and skills of the industry, without building service installations of a complex nature or other complex specialist work • Where the works are designed, the requirements for the contractor’s design of discrete part(s) are detailed by or on behalf of the Employer, and the Contractor is required to design those part(s) of the work (Contractor’s Designed Portion) • Where fairly detailed contract provisions are necessary and the Employer is to provide drawings and bills of quantities, a specification or work schedules to define adequately the quantity and quality of the work • Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions This contract provides more detailed provisions and more extensive control procedures than the Minor Works Building Contract with contractor’s design (MWD) but is less detailed than the Standard Building Contract (SBC). Can be used: • Where the works are to be carried out in sections • By both private and local authority employers • Where provisions are required to cover named specialists Not suitable: • As a design and build contract.

Intermediate Building Contract Guide (IC/G) ISBN: 978-1-847-03957-6 Price: £20.87

Intermediate Building Contract Guide Revision 2009 (IC/G) ISBN: 978-1-847-03957-6 Price: £22.33





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Intermediate Sub-Contract Agreement Revision 1 2007 (ICSub/A)

Intermediate Sub-Contract with sub-contractor’s design Agreement Revision 1 2007 (ICSub/D/A)

ISBN: 978-0-418-84920-0

ISBN: 978-0-418-84960-6

Price: £18.95

Price: £18.85

Intermediate Sub-Contract Agreement Revision 2 2009 (ICSub/A)

Intermediate Sub-Contract with sub-contractor's design Agreement Revision 2 2009 (ICSub/D/A)

ISBN: 978-0-414-04012-0 Price: £19.79

ISBN: 978-1-847-03954-5 Price: £19.79


Appropriate:

Appropriate:

• For use where the main contract is the Intermediate Building Contract • For sub-contract works where the Sub-Contractor is not required to design

• For use where the main contract is the Intermediate Building Contract with contractor’s design • Where the Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor’s Designed Portion)

Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement • Where main contract is the Intermediate Building Contract with contractor’s design if the Sub-Contractor is not required to design


Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the subcontract works

Not suitable:

Not suitable:

• Where the Sub-Contractor is to design any part of the sub-contract works, even though the other criteria are met – consider the Intermediate Sub-Contract with sub-contractor’s design (ICSub/D) • Where the Sub-Contractor is ‘Named’ in the main contract – consider the Intermediate Named Sub-Contract (comprising ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A and ICSub/NAM/C)

• Where no sub-contractor’s design is involved – consider the Intermediate SubContract (ICSub) • Where the Sub-Contractor is ‘Named’ in the main contract – consider the Intermediate Named Sub-Contract (comprising ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A and ICSub/NAM/C)

Intermediate Sub-Contract Conditions Revision 1 2007 (ICSub/C) ISBN: 978-0-418-84950-7 Price: £32.33

Intermediate Sub-Contract Conditions Revision 2 2009 (ICSub/C ) ISBN: 978-0-414-04008-3 Price: £34.27

Intermediate Sub-Contract with sub-contractor’s design Conditions Revision 1 2007 (ICSub/D/C) ISBN: 978-0-418-84970-5

Price: £32.33

Intermediate Sub-Contract with sub-contractor's design Conditions Revision 2 2009 (ICSub/D/C) ISBN: 978-041-404014-4

Price: £34.27



Appropriate: Appropriate: • For use where the main contract is the Intermediate Building Contract • For sub-contract works where the SubContractor is not required to design Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement • Where main contract is the Intermediate Building Contract with contractor’s design if the Sub-Contractor is not required to design Not suitable: • Where the Sub-Contractor is to design any part of the sub-contract works, even though the other criteria are met – consider the Intermediate Sub-Contract with sub-contractor’s design (ICSub/D) • Where the Sub-Contractor is ‘Named’ in the main contract – consider the Intermediate Named Sub-Contract (comprising ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A and ICSub/NAM/C)

• For use where the main contract is the Intermediate Building Contract with contractor’s design • Where the Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor’s Designed Portion) Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the sub-contract works Not suitable: • Where no sub-contractor’s design is involved – consider the Intermediate Sub-Contract (ICSub) • Where the Sub-Contractor is ‘Named’ in the main contract – consider the Intermediate Named Sub-Contract (comprising ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A and ICSub/NAM/C)



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Intermediate Named Sub-Contract Tender & Agreement Revision 1 2007 (ICSub/NAM)

Intermediate Named Sub-Contract Conditions Revision 1 2007 (ICSub/NAM/C)

ISBN: 978-0-418-84990-3 Price: £18.95

ISBN: 978-0-418-84980-4

Intermediate Named Sub-Contract Tender & Agreement Revision 2 2009 (ICSub/NAM)

Intermediate Named Sub Contract Conditions Revision 2 2009 (ICSub/NAM/C)

ISBN: 978-1-847-03959-0 Price: £19.79

ISBN: 978-0-414-04009-0


Price: £32.33

Price: £34.27


Appropriate:

Appropriate:

• For use where the main contract is the Intermediate Building Contract or Intermediate Building Contract with contractor’s design • Where the Sub-Contractor is ‘Named’ to carry out sub-contract works, whether or not they include design

• For use where the main contract is the Intermediate Building Contract or Intermediate Building Contract with contractor’s design • Where the Sub-Contractor is ‘Named’ to carry out sub-contract works, whether or not they include design

Can be used:

Can be used:

• Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement

• Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement

Not suitable:

Not suitable:

• Unless the Sub-Contractor is ‘Named’ in the main contract or under its provisions • For any sub-contract work that forms a part of the contractor’s designed portion

• Unless the Sub-Contractor is ‘Named’ in the main contract or under its provisions • For any sub-contract work that forms a part of the contractor’s designed portion.

Consider: Using an Intermediate Named Sub-Contractor/Employer Agreement (ICSub/NAM/E) in conjunction with the Intermediate Named Sub-Contract (see the Intermediate Building Contract Guide (IC/G) where: • The Named Sub-Contractor is to carry out design work or to procure or fabricate materials or goods prior to letting of the main contract • The Employer: • Requires undertakings from the Named Sub-Contractor in respect of the sub-contract works and any related design work which he is to carry out • Requires the Named Sub-Contractor to give Collateral Warranties to purchasers/tenants and/or any funder of the main contract works or relevant part(s) of them

Intermediate Named Sub-Contractor/Employer Agreement Revision 1 (ICSub/NAM/E) ISBN: 978-0-418-85110-4 Price: £18.85

Intermediate Named Sub-Contractor/Employer Agreement Revision 2 2009 (ICSub/NAM/E ISBN: 978-1-847-03949-1 Price: £19.79


Appropriate: • For use between a Named Sub-Contractor and an Employer • Where the main contract is or will be the Intermediate Building Contract or Intermediate Building Contract with contractor’s design • Where the Sub-Contractor is to be ‘Named’ in the main contract or under its provisions to carry out the design and execution of sub-contract works under an Intermediate Named SubContract Agreement (ICSub/NAM/A) Not suitable: • For any sub-contract work that forms a part of the Contractor’s Designed Portion



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Intermediate Sub-Contract Guide (ICSub/G)

Major Project Construction Contract Guide (MP/G)

ISBN: 978-0-418-82760-5 Price: £17.95

ISBN: 978-0-418-82790-1 Price: £20.87

Intermediate Sub-Contract Guide Revision 2009 (ICSub/G) ISBN: 978-1-847-03950-7 Price: £20.55



Major Project Construction Contract Guide Revision 2009 (MP/G) ISBN: 978-0-414-04112-7

Price: £22.33





Major Project Construction Contract

Major Project Sub-Contract Revision 12007 (MPSub) ISBN: 978-0-418-85010-7

Price: £46.73

Major Project Construction Contract Revision 1 2007 (MP)

Major Project Sub-Contract Revision 2 2009 (MPSub)

ISBN: 978-0-418-85000-8

ISBN: 978-0-414-04091-5

Price: £46.73

Major Project Construction Contract Revision 2 2009 (MP) ISBN: 978-0-414-04113-4

Price: £49.06

Publishing July

Appropriate: • For major works where the Employer regularly procures large-scale construction work and where the Contractor to be appointed is experienced and able to take greater risk than would arise under other JCT contracts • Where the parties have their own detailed procedures and where limited procedures only need be set out in the contract conditions • Where the Employer has prepared his requirements and provided these to the Contractor • Where the Contractor is not only to carry out and complete the works, but also to complete the design • The Employer employs a representative to exercise the powers and functions of the Employer under the Contract

Price: £49.06


Appropriate: • For use where the main contract is the major Project Construction Contract • For sub-contract works whether or not they include design by the Sub-Contractor Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the sub-contract works

Major Project Sub-Contract Guide (MPSub/G) ISBN: 978-0-418-82810-6 Price: £20.87

Can be used:

Major Project Sub-Contract Guide Revision 2009 (MPSub/G)

• Where the works are to be carried out in sections

ISBN: 978-0-414-04111-0

Price: £22.33





14

Management Building Contract Management Building Contract (MC) ISBN: 978-0-418-82820-5 Price: £39.38

Appropriate: • For large-scale projects requiring an early start on site, where the works are designed by or on behalf of the Employer but where it is not possible to prepare full design information before the works commence and where much of the detail design may be of a sophisticated or innovative nature requiring proprietary systems or components designed by specialists • Where the Employer is to provide the Management Contractor with drawings and a specification • Where a Management Contractor is to administer the conditions The Management Contractor does not carry out any construction work but manages the Project for a fee. The Management Contractor employs Works Contractors to carry out the construction works. Can be used:

Management Works Contract Conditions (MCWC/C) ISBN: 978-0-418-82840-3 Price: £32.33

Appropriate: • For use where the ‘main contract’ is the Management Building Contract • For ‘sub-contract’ works whether or not they include design by the Works Contractor Can be used: • Where the ‘sub-contract’ works and/or Project are to be carried out in sections • For ‘sub-contract’ works that are to be carried out on the basis of an adjusted ‘sub-contract’ sum (adjustment for variations etc.) or by complete remeasurement of the ‘sub-contract’ works

Management Building Contract Guide (MC/G) ISBN: 978-0-418-84790-9 Price: £20.87

This Guide is intended to provide a general introduction to the Management Building Contract and the Management Works Contract and is not a substitute for professional advice.

• Where the works are to be carried out in sections • By both private and local authority employers

Management Works Contract Agreement (MCWC/A) ISBN: 978-041-882830-4 Price: £27.25

Appropriate: • For use where the ‘main contract’ is the Management Building Contract • For ‘sub-contract’ works whether or not they include design by the Works Contractor Can be used: • Where the ‘sub-contract’ works and/or Project are to be carried out in sections • For ‘sub-contract’ works that are to be carried out on the basis of an adjusted ‘sub-contract’ sum (adjustment for variations etc.) or by complete remeasurement of the ‘sub-contract’ works


Management Works Contractor/employer Agreement (MCWC/E) ISBN: 978-0-418-82870-0 Price: £18.85

Appropriate: • For use between a Works Contractor and an Employer • Where the Works Contractor has entered into a Management Works Contract under a Management Building Contract • Where the Works Contractor is to carry out the design and execution of ‘sub-contract’ works


15

Management Contractor Collateral Warranty for a Funder (MCWa/F)

Works Contractor Collateral Warranty for a Purchaser or Tenant (WCWa/P&T)

ISBN: 978-0-418-85120-3 Price: £18.85

ISBN: 978-0-418-85140-1 Price: £18.85

This Warranty may be given by a management contractor to a provider of finance (’Funder’) for proposed building works let or to be let under the Management Building Contract (MC).

This Warranty may be given by a works contractor to a purchaser or tenant of the whole or part of the building(s) comprising the Project which are being or have been carried out under the Management Building Contract (MC).

Management Contractor Collateral Warranty for a Purchaser or Tenant (MCWa/P&T )

Measured Term Contract

ISBN: 978-0-418-85130-2 Price: £18.85

This Warranty may be given by a management contractor to a purchaser or tenant of the whole or part of the building(s) comprising the works which are being or have been carried out under the Management Building Contract (MC).

Measured Term Contract Revision 1 2007 (MTC) ISBN: 978-0-418-85020-6 Price: £25.73

Measured Term Contract Revision 2 2009 (MTC) ISBN: 978-0-414-04098-4

Price: £27.01

Publishing August 2009

Appropriate:

Works Contractor Collateral Warranty for a Funder (WCWa/F) ISBN: 978-0-418-85150-0 Price: £18.85

This Warranty may be given by a works contractor to a provider of finance (‘Funder’) for proposed building works let or to be let under the Management Building Contract (MC).

• By employers who have a regular flow of maintenance and minor works, including improvements, to be carried out by a single contractor over a specified period of time and under a single contract • Where the work is to be instructed from time to time and measured and valued on the basis of an agreed schedule of rates • Where a Contract Administrator is to administer the conditions

Measured Term Contract Guide (MTC/G) ISBN: 978-0-418-84820-3 Price: £20.87

Measured Term Contract Guide Revision 2009 (MTC/G) ISBN: 978-0-414-04099-1

Price: £22.33





16

Minor Works Building Contract

Minor Works Building Contract with contractor’s design Revision 1 2007 (MWD) ISBN: 978-0-418-84870-8 Price: £15.85

Minor Works Building Contract Revision 1 2007 (MW) ISBN: 978-0-418-84860-9 Price: £15.85

Minor Works Building Contract Revision 2 2009 (MW) ISBN: 978-0-414-04122-6 Price: 16.80

Publishing May 2009

Minor Works Building Contract with contractor's design Revision 2 2009 (MWD) ISBN: 978-1-847-03942-2 Price: £16.80

Publishing May 2009

Appropriate:

• By both private and local authority employers

• Where the work involved is simple in character • Where the work is designed and the requirements for the contractor’s design of discrete part(s) are detailed by or on behalf of the Employer, and where the Contractor is required to design those part(s) of the work (Contractor’s Designed Portion) • Where the Employer is to provide drawings and/or a specification and/or work schedules to define adequately the quantity and quality of the work • Where an Architect/Contract Administrator is to administer the conditions

Not suitable:

Can be used:

• Where bills of quantities are required • Where provisions are required to govern work carried out by named specialists • Where detailed control procedures are needed • Where the Contractor is to design discrete part(s) of the works, even though all the other criteria are met - consider the Minor Works Building Contract with contractor’s design (MWD)

• By both private and local authority employers

Appropriate: • Where the work involved is simple in character • Where the work is designed by or on behalf of the Employer • Where the Employer is to provide drawings and/or a specification and/or work schedules to define adequately the quantity and quality of the work • Where an Architect/Contract Administrator is to administer the conditions Can be used:

Not suitable: • As a design and build contract • Where bills of quantities are required • Where provisions are required to govern work carried out by named specialists • Where detailed control procedures are needed

Minor Works Sub-Contract with sub-contractor’s design (MWSub/D) ISBN: 978-0-418-82910-3 Price: £12.08

Minor Works Sub-Contract with subs-contractor's design Revision 1 2009 (MWSub/D) ISBN: 978-1-847-03930-9 Price: £12.68

Publishing May 2009

Appropriate: • For use where the main contract is the Minor Works Building Contract with contractor’s design • Where the Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor’s Designed Portion) • For a small sub-contract package of work or one that is of straightforward content with low risk involved Not suitable: • Where the sub-contract works are of a complex technical nature • Where sub-contractor’s design is not involved - consider the Short Form of Sub-Contract (ShortSub)



17

Pre-Construction Services Agreement

Pre-Construction Services Agreement (Specialist) (PCSA/SP) ISBN: 978-1-847-03795-4 Price: £22.00

Pre-Construction Services Agreement (General Contractor) (PCSA) ISBN: 978-1-847-03794-7 Price: £22.00

Appropriate:

OUT NOW

• For the supply of pre-construction services by a Contractor selected under a two-stage tendering procedure • Where the main contract is to be the JCT Standard Building Contract, Design and Build Contract, major Project Construction Contract, Intermediate Building Contract or Intermediate Building Contract with contractor’s design, 2005 edition Can be used: • Whether or not the Contractor is to be responsible for any design work; • Where there is to be novation to the Contractor of any specialist subcontract(s) or supply contract(s) or (in the case of a Design and Build Contract or major Project Construction Contract) any consultancy agreement(s) • By both private and local authority employers (with minor adaptation) in a JCT Construction management procurement, for the provision of pre construction services by prospective Trade Contractors Not suitable for use: • Between the employer and specialist sub-contractors (except as prospective Trade Contractors in a JCT • Construction management procurement – but see also paragraph 7 of the Guidance notes); • Between a Contractor and a sub-contractor • In conjunction with the JCT management Building Contract

Appropriate:

OUT NOW

• For the supply of pre-construction services by a Contractor selected under a two-stage tendering procedure • Where the main contract is to be the JCT Standard Building Contract, Design and Build Contract, major Project Construction Contract, Intermediate Building Contract or Intermediate Building Contract with contractor’s design, 2005 edition Can be used: • Whether or not the Contractor is to be responsible for any design work; • Where there is to be novation to the Contractor of any specialist subcontract(s) or supply contract(s) or (in the case of a Design and Build Contract or major Project Construction Contract) any consultancy agreement(s) • By both private and local authority employers (with minor adaptation) in a JCT Construction management procurement, for the provision of pre construction services by prospective Trade Contractors Not suitable for use: • Between the employer and specialist sub-contractors (except as prospective Trade Contractors in a JCT • Construction management procurement – but see also paragraph 7 of the Guidance notes); • Between a Contractor and a sub-contractor • In conjunction with the JCT management Building Contract



18

Prime Building Contract

Repair and Maintenance Contract

Prime Cost Building Contract Revision 1 2007 (PCC) ISBN: 978-0-418-85030-5 Price: £39.38

Repair and Maintenance Contract Commercial Revision 1 2007 (RM)

Prime Cost Building Contract Revision 2 2009 (PCC)

ISBN: 978-0-418-85040-4 Price: £18.85

ISBN: 978-0-414-04095-3 Price: £41.34

Repair and Maintenance Contract Commercial Revision 2 2009 (RM)


Appropriate:

ISBN: 978-0-414-04105-9 Price: £19.79

• For projects requiring an early start on site, where the works are designed by or on behalf of the Employer but where it is not possible to prepare full design information before the works commence • Where detailed contract provisions are necessary and the Employer is to provide a specification describing and showing the items of work; drawings may also be provided • Where a Contract Administrator and Quantity Surveyor are to administer the conditions


Appropriate: • Where the work involves the repair and maintenance of a building • Where no independent contract administrator is to be appointed Can be used: • By both private and local authority employers Not suitable:

The work proceeds on the basis of a brief specification, drawings (if any) and an estimate of cost. The Contractor is paid his reasonable costs plus either a fixed sum or a percentage of the cost, as a fee. Can be used: • Where the works are to be carried out in sections • By both private and local authority employers

• For periodic repair or maintenance over a fixed term or the regular maintenance of plant etc. consider the Measured Term Contract (MTC) • For work on a dwelling by a residential occupier - consider the Building contract for a home owner/occupier who has not appointed a consultant to oversee the work (HO/B) or the Building contract and consultancy agreement for a home owner/occupier (HO/C), or if the work is of a very minor nature the Home Repair and Maintenance Contract (HO/RM)

Prime Cost Building Contract Guide (PCC/G) ISBN: 978-0-418-84830-2

Price: £19.50

Prime Cost Building Contract Guide Revision 2009 (PCC/G) ISBN: 978-0-414-04094-6 Price: £22.33



Standard Building Contract Standard Building Contract with Quantities Revision 1 2007 (SBC/Q) ISBN: 978-0-418-84890-6 Price: £34.45

Standard Building Contract with Quantities Revision 2, 2009 (SBC/Q) ISBN: 978-1-847-03939-2 Price: £36.52

Appropriate:

PBA Documenation Project Bank Account Documentation (PBA) ISBN: 978-0-414-04126-4 Price: £10

This document contains the three relevant parts, i.e. Project Bank Account Agreement, Additional Party Deed and the Enabling Provisions, to enable a project bank account to be set up and operated. However, it is primarily intended to be a consultation paper and comments and other feedback are invited.


Publishing April 2009

OUT NOW

• For larger works designed and/or detailed by or on behalf of the Employer, where detailed contract provisions are necessary and the Employer is to provide the Contractor with drawings; and with bills of quantities to define the quantity and quality of the work • Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions Can be used: • Where the Contractor is to design discrete part(s) of the works (contractor’s designed portion) • Where the works are to be carried out in sections • By both private and local authority employers

Publishing May 2009


19

Standard Building Contract with Approximate Quantities Revision 1 2007 (SBC/AQ)

Standard Building Contract Guide (SBC/G)

ISBN: 978-0-418-84880-7 Price: £34.45

Standard Building Contract Guide Revision 2009 (SBC/G)

Standard Building Contract with Approximate Quantities Revision 2 2009 (SBC/AQ)

ISBN: 978-0-414-04016-8 Price: £22.33

ISBN: 978-1-847-03935-4 Price: £36.52

Publishing May 2009

Appropriate:

ISBN: 978-0-418-82310-1 Price: £20.87

Publishing May 2009


• For larger works designed and/or detailed by or on behalf of the Employer, where detailed contract provisions are necessary and the Employer is to provide the Contractor with drawings; and with approximate bills of quantities to define the quantity and quality of the work, which are to be subject to remeasurement, as there is insufficient time to prepare the detailed drawings necessary for accurate bills of quantities to be produced • Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions

Standard Building Sub-Contract with sub-contractor’s design Agreement Revision 1 2007 (SBCSub/D/A)

Can be used:

ISBN: 978-0-418-85070-1 Price: £27.25

• Where the Contractor is to design discrete part(s) of the works (contractor’s designed portion) • Where the works are to be carried out in sections • By both private and local authority employers

Standard Building Sub-Contract with sub-contractor's design Agreement Revision 2 2009 (SBCSub/D/A) ISBN: 978-1-847-03934-7 Price: £28.61

Publishing May 2009

Appropriate:

Standard Building Contract without Quantities Revision 1 2007 (SBC/XQ) ISBN: 978-0-418-84900-2 Price: £34.45

Standard Building Contract without Quantities Revision 2 2009 (SBC/XQ) ISBN: 978-1-847-03937-8 Price: £36.52

Publishing May 2009

Appropriate: • For larger works designed and/or detailed by or on behalf of the Employer, where detailed contract provisions are necessary and the Employer is to provide the Contractor with drawings; and with either a specification or work schedules to define adequately the scope and quality of the work and where the degree of complexity is not such as to require bills of quantities • Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions

• For use where the main contract is the Standard Building Contract (with quantities, without quantities or with approximate quantities) • Where the Contractor is to design discrete part(s) of the main contract works (Contractor’s Designed Portion) • The Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor’s Designed Portion) Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement Not suitable: • Where no sub-contractor’s design is involved – consider the Standard Building Sub-Contract (SBCSub/A and SBCSub/C)

Can be used: • Where the Contractor is to design discrete part(s) of the works (Contractor’s Designed Portion) • Where the works are to be carried out in sections • By both private and local authority employers



20

Standard Building Sub-Contract with sub-contractor’s design Conditions Revision 1 2007 (SBCSub/D/C)

Standard Building Sub-Contract Conditions Revision 1 2007 (SBCSub/C)

ISBN: 978-0-418-85080-0 Price: £32.33

ISBN: 978-0-418-85060-2 Price: £32.33

Standard Building Sub-Contract with sub-contractor's design Conditions Revision 2 2009 (SBCSub/D/C)

Standard Building Sub-Contract Conditions Revision 2 2009 (SBCSub/C)

ISBN: 978-1-847-03936-1 Price: £34.27

ISBN: 978-1-847-03948-4 Price: £34.27

Publishing May 2009

Appropriate:

Appropriate:

• For use where the main contract is the Standard Building Contract (with quantities, without quantities or with approximate quantities) • Where the Contractor is to design discrete part(s) of the main contract works (Contractor’s Designed Portion) • The Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor’s Designed Portion)

• For use where the main contract is the Standard Building Contract (with quantities, without quantities or with approximate quantities) • For sub-contract works where the Sub-Contractor is not required to design

Publishing May 2009

Can be used:

Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement Not suitable:

• Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement Not suitable: • Where the Sub-Contractor is to design any part of the sub-contract works, even though the other criteria are met – consider the Standard Building Sub-Contract with sub-contractor’s design (SBCSub/D/A and SBCSub/D/C)

• Where no sub-contractor’s design is involved – consider the Standard Building Sub-Contract (SBCSub/A and SBCSub/C)

Standard Building Sub-Contract Guide (SBCSub/G) Standard Building Sub-Contract Agreement Revision 1 2007 (SBCSub/A) ISBN: 978-0-418-85050-3 Price: £27.25

Standard Building Sub-Contract Agreement Revision 2 2009 (SBCSub/A) ISBN: 978-1-847-03943-9 Price: £28.61

Publishing May 2009

Appropriate: • For use where the main contract is the Standard Building Contract (with quantities, without quantities or with approximate quantities) • For sub-contract works where the Sub-Contractor is not required to design

Can be used: • Where the sub-contract works and/or main contract works are to be carried out in sections • For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement

Not suitable: • Where the Sub-Contractor is to design any part of the sub-contract works, even though the other criteria are met – consider the Standard Building Sub-Contract with sub-contractor’s design (SBCSub/D/A and SBCSub/D/C)


ISBN: 978-0-418-82308-4 Price: £19.21

Standard Building Sub-Contract Guide Revision 2009 (SBCSub/G) ISBN: 978-1-847-03952-1 Price: £20.55


Publishing May 2009


21

JCT Homeowner Contracts Building Contract for a Home Owner/Occupier who has not appointed a consultant to oversee the work (HOB) ISBN: 978-0-418-82660-7 Price: £15.85

This pack contains: • Two copies of the 8 page contract • Guidance notes printed on the inside of the folder • An enquiry letter This is a consumer contract for use by a residential occupier, drafted in clear simple language to comply with The Unfair Terms in Consumer Contracts Regulations 1999. A construction contract with a residential occupier or someone who intends to occupy the dwelling as his/her residence is excluded from the provisions of the Housing Grants, Construction and Regeneration Act 1996; nevertheless this contract provides for adjudication in the event of a dispute between the home owner/occupier and the contractor. Appropriate: • For small domestic building work such as extensions and alterations • Where the proposed works are to be carried out for an agreed lump sum • Where no consultant acts on behalf of the home owner/occupier to administer the contract not suitable for use in scotland. A separate version is published and issued by the scottish building contract committee limited (sbcc) for use in scotland.

Building Contract and Consultancy Agreement for a Home Owner/Occupier (HOCpack) ISBN: 978-0-418-82670-6 Price: £21.15

This pack contains: • Two copies of the building contract • Two copies of the Consultancy Agreement • Guidance notes printed on the inside of the folder

Building Contract for a Home Owner/Occupier who has appointed a consultant to oversee the work This is a consumer contract for use by a residential occupier, drafted in clear simple language to comply with The Unfair Terms in Consumer Contracts Regulations 1999. A construction contract with a residential occupier or someone who intends to occupy the dwelling as his/her residence is excluded from the provisions of the Housing Grants, Construction and Regeneration Act 1996; nevertheless this contract provides for adjudication in the event of a dispute between the home owner/occupier and the contractor. This building contract is published as part of the Building Contract and Consultancy Agreement for a home owner/occupier and is designed for use with the consultancy agreement. Appropriate: • For small domestic building work such as extensions and alterations • Where the proposed works are to be carried out for an agreed lump sum • Where detailed procedures are not required • Where the home owner/occupier has appointed a consultant who will be administering the contract for the home owner/occupier

Consultancy Agreement for a Home Owner/Occupier appointing a consultant in relation to building work This agreement is for use between the home owner/occupier and the consultant (e.g. architect, engineer or surveyor) who is to provide services. It covers a range of services that the consultant can provide, such as producing designs and detailed specifications for the work, applying for planning permission and building regulations approval, and inspecting the building work while it is being done. This agreement is designed for use with the Building Contract for a home owner/occupier who has appointed a consultant. It may however be used independently of this contract but care must be taken to ensure it is compatible with the building contract. This agreement is drafted in clear simple language to comply with The Unfair Terms in Consumer Contracts Regulations 1999. A construction contract with a residential occupier or someone who intends to occupy the dwelling as his/her residence is excluded from the provisions of the Housing Grants, Construction and Regeneration Act 1996; nevertheless this contract provides for adjudication in the event of a dispute between the home owner/occupier and the consultant. Appropriate: • For small domestic building work such as extensions and alterations not suitable for use in scotland. A separate version is published and issued by the scottish building contract committee limited (sbcc) for use in scotland.

not suitable for use in scotland. A separate version is published and issued by the scottish building contract committee limited (sbcc) for use in scotland.



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Find essential documents and tools

• Allows electronic exchange of draft contracts with user changes tracked in colour on screen

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23

CONTRACT FINDER The JCT 05 suite contains some revised contracts, and some revised titles. The table below sets out what the contract was known as under the JCT 98 suite and what it is now called.

JCT 98 Code

JCT Title 98

Migration to JCT 05

Standard Forms of Building Contract

Standard Building Contract

PWQ

Private with Quantities inc. Amendments 1-5

Merged with Local Authorities with Quantities and replaced by Standard Building Contract With Quantities

SBC/Q

LWQ

Local Authorities with Quantities inc. Amendments 1-5

Merged with Private with Quantities and replaced by Standard Building Contract With Quantities

SBC/Q

PAQ

Private with Approximate Quantities inc. Amendments 1-5

Merged with Local Authorities with Approximate Quantities and replaced by Standard Building Contract With Approximate Quantities

SBC/AQ

LAQ

Local Authorities with Approximate Quantities inc. Amendments 1-5

Merged with Private with Approximate Quantities and replaced by Standard Building Contract With Approximate Quantities

SBC/AQ

PXQ

Private without Quantities inc. Amendments 1-5

Merged with Local Authorities without Quantities and replaced by Standard Building Contract Without Quantities

SBC/XQ

LXQ

Local Authorities without Quantities inc. Amendments 1-5

Merged with Private without Quantities and replaced by Standard Building Contract Without Quantities

SBC/XQ

JCT 05 Code

Supplements to JCT 98

FS/P FS/L

Fluctuations: JCT 98 Private, inc. Amendments 1-5 Fluctuations: JCT 98 Local Authorities, inc. Amendments 1-4

The ‘Private’ and ‘Local Authorities’ Fluctuations Supplements have merged and are incorporated in: Standard Building Contract With Quantities

SBC/Q

Standard Building Contract Without Quantities

SBC/XQ

Standard Building Contract With Approximate Quantities

SBC/AQ

Section Completion Supplement (SCS) ‘With Quantities’ and ‘With Approximate Quantities’ inc. Amendments 1-5

Incorporated into Standard Building Contract with Approximate Quantities and SBC/AQ Standard Building Contract With Quantities SBC/Q

Section Completion Supplement (SCS) ‘Without Quantities’ inc. Amendments 1-5

Incorporated into Standard Building Contract Without Quantities

SBC/XQ

CDPSCS/WQAQ

Combined Contractor’s Designed Portion and Sectional Completion Supplement for use with JCT 98 – Private and Incorporated into Standard Building Contract With Quantities Local Authorities Versions – with Quantities, inc. Amendments 1-5

SBC/Q

CDPSCS/XQ

Combined Contractor’s Designed Portion and Sectional Completion Supplement for use with JCT 98 – Private and Incorporated into Standard Building Contract Without Quantities Local Authorities Versions – without Quantities, inc. Amendments 1-5

SBC/XQ

CDPS/WQ

Contractor’s Designed Portion Supplement for use with JCT 98 – Private and Local Authorities Versions – with Quantities, inc. Amendments 1-5

Incorporated into Standard Building Contract With Quantities

SBC/Q

CDPS/XQ

Contractor’s Designed Portion Supplement for use with JCT 98 – Private and Local Authorities Versions – without Quantities, inc. Ams 1-5

Incorporated into Standard Building Contract Without Quantities

SBC/XQ



24

CONTRACT FINDER JCT 98 Code

JCT Title 98

Migration to JCT 05

Domestic Sub Contract Documents

Standard Building Sub-Contract Documents

DSC/A

Sub-Contract Agreement

Replaced by Standard Building Sub-Contract Agreement

SBCSub/A

DSC/C

Sub-Contract Conditions

Replaced by Standard Building Sub-Contract Conditions

SBCSub/C

DSC/A/SC

Domestic Sub-Contract Agreement incorporating Sectional Completion Supplement

Replaced by Standard Building Sub-Contract Agreement

SBCSub/A

DSC/C/SC

Domestic Sub-Contract Conditions incorporating Sectional Completion Supplement

Replaced by Standard Building Sub-Contract Conditions

SBCSub/C

DSC/A/DP

Domestic Sub-Contract Agreement incorporating Sub-Contractor’s Designed Portion

Replaced by Standard Building Sub-Contract with sub-contractor’s design Agreement

SBCSub/D/A

DSC/C/DP

Domestic Sub-Contract Conditions incorporating Sub-Contractor’s Designed Portion

Replaced by Standard Building Sub-Contract with sub-contractor’s design Conditions

SBCSub/D/C

DSC/A/DPSC

Domestic Sub-Contract Agreement incorporating Sub-Contractor’s Designed Portion and Sectional Completion

Replaced by Standard Building Sub-Contract with sub-contractor’s design Agreement

SBCSub/D/A

DSC/C/DPSC

Domestic Sub-Contract Conditions incorporating Sub-Contractor’s Designed Portion and Sectional Completion

Replaced by Standard Building Sub-Contract with sub-contractor’s design Conditions

SBCSub/D/C

GN/DSC

Guide to Sub-Contract

Replaced by Standard Building Sub-Contract Guide

SBCSub/G

FS/DSC

Fluctuations Supplement

Discontinued and merged into Conditions

SBCSub/C SBCSub/D/C

DSC SET

DSC Base Set (inc DSC/A, DSC/C, Fluctuation Clauses & Guide)

Discontinued

Set not available

Nominated Sub Contracts for JCT 98 NSC/T

Part 1: Invitation to Tender, inc. Amendments 1-5

Discontinued

NSC/T

Part 2: Tender by a Sub Contractor, inc. Amendments 1-5

Discontinued

NSC/T

Part 3: Particular Conditions, inc. Amendments 1-5

Discontinued

NSC/A

Articles of Agreement, inc. Amendments 1-5

Discontinued

NSC/N

Nomination Instruction, inc. Amendments 1-5

Discontinued

NSC/W

Agreement, inc. Amendments 1-5

Discontinued

NSC/C

Conditions

Discontinued

NSC98SAMPL

Specimen Documents

Discontinued


JCT 05 Code


25


JCT Title 98 Minor Works Agreement

Migration to JCT 05 Minor Works Building

JCT 05 Code

Contract

Agreement for Minor Building Works, inc. Amendments 1-5

Replaced by Minor Works Building Contract

Intermediate Form of Building Contract Intermediate Building

Contract

IFC

Intermediate Form of Building Contract 98, inc. Amendments 1-5

Replaced by Intermediate Building Contract

IC

GN/IFC

Guidance Note to IFC 98, inc. Amendments 1-4

Replaced by Intermediate Building Contract Guide

IC/G

FS/IFC

IFC 98 Fluctuations Supplement, inc. Amendments 1-5

Incorporated into Intermediate Building Contract

IC

SCS/IFC

Sectional Completion Supplement, inc. Amendments 1-5

Incorporated into Intermediate Building Contract

IC

NAM/T

Form of Tender and Agreement inc. Amendments 1-5

Replaced by Intermediate Named Sub-Contract Tender & Agreement

ICSub/NAM

NAM/SC

Sub Contract Conditions

Replaced by Intermediate Named Sub-Contract Conditions

ICSub/NAM/C

NAM/T

Specimen Booklet

Discontinued

Standard Form of Building Contract with Contractor’s Design

Design and Build Contract

Standard Form of Building Contract with Contractor’s Design, inc. Amendments 1-5

Replaced by Design and Build Contract

Major Project Form

Major Project Construction Contract

MPF03

Major Project Form and Guidance Notes

Replaced by Major Project Construction Contract

MP

GN/MPF

JCT Contract for Major Construction Projects: Guidance Notes

Replaced by Major Project Construction Contract Guide

MP/G

Sub/MPF03

Major Project Form Sub Contract and Guidance Notes

Replaced by Major Project Sub-Contract

MPSub

GN/Sub/MPF03

JCT Sub- Contract for Major Construction Projects: Guidance Notes

Replaced by Major Project Sub-Contract Guide

MPSub/G

Construction Management Contract

Construction Management

C/CMA

Agreement (C/CM) – Client & Construction Manager, inc Amendment 1

Replaced by Construction Management Appointment

CM/A

TC/C

Trade Contract – for use with C/CM, inc. Amendment 1

Replaced by Construction Management Trade Contract

CM/TC

TC/T

TC/T Parts 1 & 2: Part 1: Invitation to tender. Part 2: Tender, inc. Amendment 1

Discontinued

GN/CM

Guide to Construction Management Documentation

Replaced by Construction Management Guide

CM/G

TCWa/P&T

Trade Contractor Collateral Warranty for Purchaser or Tenant

Replaced by Trade Contractor Collateral Warranty for a Purchaser or Tenant

TCWa/P&T

MW98

WCD

MW

DB



26


JCT Title 98

Migration to JCT 05

JCT 05 Code

TCWa/F

Trade Contractor Collateral Warranty for a Funder

Replaced by Trade Contractor Collateral Warranty for a Funder

TCWa/F

FS/CM

Fluctuations for use with TC/C

Incorporated into Construction Management Trade Contract

CM/TC

Construction Management (suite of 7 documents)

Discontinued - pack no longer available

Standard Form of Management Contract

Management Building Contract

MC98

Standard Form of Management Contract, inc. Amendments 1-4

Replaced by Management Building Contract

MC

PCS

Phased Completion Supplement for Management Contract

Incorporated into Management Building Contract

MC

Management Contract Documents

Management Works Contract

WKS/1 Section 1

Management Contractor’s Invitation to Tender

Discontinued

WKS/1 Section 2

Works Contractor’s Tender

Discontinued

WKS/1 Section 3

Articles of Agreement

Replaced by and sold in a pack as Management Works Contract & Agreement

MCWC/A

WKS/2

Works Contract Conditions

Replaced by Management Works Contract Conditions

MCWC/C

WKS/3

Employer/Works Contractor Agreement (Collateral Warranty)

Replaced by Management Works Contractor/Employer Agreement

MCWC/E

PCS/WKS

Supplement for Works Contracts

Incorporated into Management Works Contract Conditions

MCWC/C

Prime Cost Contract

Prime Cost Building Contract

Standard Form of Prime Cost Contract inc. Amendments 1-5

Replaced by Prime Cost Building Contract

PCC

PCC

Prime Cost Nominated Sub Contract Documents NSC/T(PCC) NSC/W (PCC) NSC/N (PCC)

Part 1: Architects set, inc. Amendments 1-3 – comprising: Invitation to Tender Part 1 Agreement Nomination instruction

Discontinued

NSC/T(PCC)

Part 2: Sub contractor’s set, inc. Amendments 1-3 – comprising: Tender by a Sub-Contractor Part 2

Discontinued

NSC/A(PCC) NSC/T (PCC)

Part 3: Contractor’s set, inc. Amendments 1-3 – comprising: Articles of Agreement Particular Conditions Part 3

Discontinued

NSC/C (PCC)

Conditions

Discontinued

NSC/W (PCC)

Prime Cost NSC Collateral Warranty

Discontinued

Standard Form of Measured Term Contract

Measured Term Contract

Standard Form of Measured Term Contract 1998 inc. Amendments 1-4

Replaced by Measured Term Contract

MTC


MTC


27


HG (A)

JCT Title 98

Migration to JCT 05

Agreement for Housing Grant Works

Remains as is

JCT 05 Code

Agreement for Housing Grant Works and Guidance note 2002 inc. Amendment 1 Jobbing Agreement 1990

JA/T

Jobbing Agreement Tender

Replaced by Repair and Maintenance Contract

RM

JA/C

Jobbing Agreement Conditions

Replaced by Repair and Maintenance Contract

RM

Jobbing Agreement Specimen Set

Discontinued



ADJ


Replaced by Adjudication Agreement

Adj

ADJ/N

Adjudication Agreement (Named Adjudicator)

Replaced by Adjudication Agreement (Named Adjudicator)

Adj/N

Generic Contracts Short/DSC

Short Form of Domestic Sub-Contract

Replaced by Short Form of Sub-Contract

ShortSub

Domestic Sub Sub Contract

Replaced by Sub-subcontract

SubSub



MC Wa/F

Main Contractor Collateral Warranty for a Funder 2001 Edition

Replaced by Contractor Collateral Warranty for a Funder

CWa/F

MCWa/P&T

Main Contractor Collateral Warranty for a Purchaser or Tenant 2001 Edition

Replaced by Contractor Collateral Warranty for a Purchaser or Tenant

CWa/P&T

SCWa/F

Sub-Contractor Collateral Warranty for a Funder 2001 Edition

Replaced by Sub-Contractor Collateral Warranty for a Funder

SCWa/F

SCWa/P&T

Sub-Contractor Collateral Warranty for a Purchaser or Tenant 2001 Edition

Replaced by Sub-Contractor Collateral Warranty for a Purchaser or Tenant

SCWa/P&T

Home Owner Contracts

Home Owner Contracts

HO/C

Building Contract for Home Owner/Occupier (who has appointed a consultant)

Replaced by Building Contract for a Home Owner/Occupier who has appointed a consultant to oversee the work and sold as part of Building and Consultancy Agreement for a Home Owner/Occupier

HO/Cpack

HO/CA

Home Owner/Occupier (who has appointed a consultant) Consultancy Agreement 2001 edition

Replaced by Consultancy Agreement for Home Owner/Occupier appointing a consultant in relation to the building work, and sold with Building Contract for Home Owner/Occupier (HO/C)

HO/Cpack

HO/B

Building Contract for a Home Owner/Occupier (where client deals directly with the builder)

Replaced by Building Contract for Home Owner/Occupier who has not appointed a consultant to oversee the work

HO/B

HO/RM

Contract for Home Repairs and Maintenance

Home Repair and Maintenance Contract – available free on www.jctcontracts.com

HO/RM

Other Publications

d

d

JCTCIMAR

JCT 1998 Edition of the Construction Industry Model Arbitration Rules, including JCT Supplementary and Advisory Procedures

Replaced by revised version of JCT 2005 Edition of the Construction Industry Model Arbitration Rules, including JCT Supplementary and Advisory Procedures – available free on www.jctcontracts.com

JCT/CIMAR

FR

Formula Rules

Formula Rules – Main Contracts – available free on www.jctcontracts.com

FR



www.jctcontracts.com Make the JCT Contracts website your first stop for more information on the contracts plus keep up with the latest news and developments from the JCT. Browse the site for advice on selecting the right contract to match your needs and forthcoming contracts and revisions. You can also find a full list of stockists around the country where you can order the contracts.

Free access to JCT Publications Gain access to a range of JCT publications completely free of charge. Guidance Note - Building a sustainable future together JCT's Sustainability Guidance Note published in March 2009. It should greatly assist construction contractors in negotiating sustainability clauses and ensuring the long term financial viability of projects. The full document is available for you to download for free on the JCT Contracts website. Alternatively, you can buy a paper copy printed on sustainable paper from our Stockists (page 30).

Also available on the site: • • • • • • • • • • • •

Project Bank Account Documentation (PBA) Construction Industry Model Arbitration Rules 2005 Advance Payment Bond for IC & ICD Bond in respect of payment for off-site materials and/or goods for IC & ICD Advance Payment Bond for DB Bond in respect of payment for off-site materials and/or goods for DB Advance Payment Bond for SBC Bond in respect of payment for off-site materials and/or goods for SBC Retention Bond for SBC Partnering Charter Non-binding Formula Rules Home Repair and Maintenance Contract

JCT Newsletter: Missed your copy or want to refer back to an article? Go online to view and print the latest edition. JCT News is designed to keep you fully briefed on recently published JCT documents and amendments, information about work in progress, future publication dates and recent events involving the JCT.

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Virtual tour Explore the functionality of the JCT Contracts Digital Service and experience the benefits of the service before subscribing.

The Contract Finder Find a helpful table giving details of what the previous JCT 98 contract is known as under the JCT 05 suite.



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RIBA Bookshop

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The Stationery Office 16 Arthur Street Belfast BT1 4GD Tel: 02890 238451 Fax: 02890 235401 Email: [email protected] www.tso.co.uk/bookshop

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Construction Books Unit 17 St Martins Way london SW17 0JH Tel: 020 8947 6684 Fax: 020 8947 4790 Email: [email protected] www.constructionbooks.net The Building Bookshop 25 Store Street london WC1E 7BT Tel: 020 7692 4040 Fax: 020 7636 3628 Email: [email protected] www.buildingcentrebookshop.co.uk

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manCHesTer RIBA Bookshop CUBE 113-115 Portland Street manchester M1 6DW Tel: 0161 236 7691 Fax: 0161 236 1153 Email: [email protected] www.ribabookshops.com

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