General Questions Flashcards
When was the JCT Minor Works Building Contract first published and why is it popularly used?
First published in 1968.
It is commonly used because:
- Standard contract used in the UK
- It has a long and secure track record
- Employers and Contractors are used to it
- Standardised forms to suit a wide range of projects
- Forms have been drafted to be fair for each party
How does the JCT Minor Works Building Contract offer flexibility?
It allows users to add features such as collaborative working, performance indicators and negotiation.
There is also a contractors design element which allows design input from the contractor.
What sort of projects is the JCT Minor Works building contract best suited for?
Smaller, basic construction projects where work is of simple nature and follows the traditional procurement route (lump sum).
Typically used for projects that are less than £250,000 in value.
Where the client is to be responsible for the design including drawings, specifications or work schedules.
Contractor is responsible for designing specific parts.
What sort of projects is the JCT Minor Works not suitable for?
Where the project is more complex
Bills of quantities are required
The project requires more detailed control procedures
The project is to be done in multiple phases or sections.
There are named subcontractors
What procurement route does the JCT MW use?
Traditional route (lump sum)
What procurement route does the JCT MW use?
Traditional route (lump sum)
What is a lump sum contract
The contractor undertakes works as shown in the contract documents by the completion date in return for an agreed contract sum.
What to interim payment certificates show?
The amount of work PROPERLY completed up to the point of valuation.
In MW, there is no quantity surveyor so the CA is responsible for the valuation of variations, work executed and final sum due.
Are there any limits to project value in the JCT MW 16
There are no limits to how high in value the project is.
The deciding factor is the nature of the project and if it is straight forward.
You can still use Minor Works on larger projects provided they are straightforward.
When might a MW Contractors Design Portion be used?
When the contractors design input is limited to one or two non-critical elements as design provisions are brief:
(No provision for requiring PI insurance from contractor)
Procedures to submit developing design are limited (short interval between submitting information and starting work, could be as little as seven days so CA can’t comment or change)
What is the issue with naming a subcontractor firm in JCT MW
There are no design warranties
If defects later emerge and contractor is not holding liable, the CA will be held responsible.
It is better to use a form that includes more detailed provisions for using named subcontractors.
Things to consider when selecting the JCT MW
Is it important to use certain subcontractors or suppliers?
Is there a design element in some specialist sub-contract work which should be covered by a warranty?
Does the employer intend to remain in occupation throughout the work thereby requiring phased programming?
Supplemental provisions 1-8
What are express terms in a contract?
Terms that have been explicitly agreed by both parties and can be oral or in writing. It is clear and unambiguous.
Express terms will be found in the contract.
What are implied terms in a contract?
Terms that a court has implied into a contract because they have not been expressly included.
This may be because it wasn’t considered, didn’t think the issue would arise or simply omitted to include the term.
What are examples of implied terms?
The Sale of Goods Act 1979 (goods supplied under contract will be reasonably fit for purpose)
The supply of Goods and Services Act 1982 (materials and services provided should be reasonably fit for purpose)
The Defective Premises Act 1972 (any work carried out to a dwelling must be done in a professional manner with proper materials and leaving it fit for habitation when completed, owed to anyone with an interest in the dwelling)
The Housing Grants, Construction and Regeneration Act 1996 (building work or services and applies to large range of work including demolition, repairs, new build, extensions and alterations. Provides the right to stage payments, payment notices, suspending work and adjudication - the act implies these terms)
