1st Edition

Guide to the JCT Design and Build Contract - 2024 Edition

By Seán Mac Labhraí Copyright 2025
696 Pages
by Routledge

696 Pages
by Routledge

696 Pages
by Routledge

This book provides a comprehensive guide to the 2024 edition of the JCT Design and Build Contract. It offers a straightforward reference to help practitioners understand the rights and obligations of the parties, and to administrate the Contract in an accurate and timely manner. Part 1 provides commentary on all the key provisions of the Contract, in plain English. It adopts the same structure... Read more

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

Biography

Seán Mac Labhraí is a construction solicitor and author on construction law. He is a Fellow of the Chartered Institute of Arbitrators and a CEDR Accredited Mediator