ABSTRACT

This chapter makes reference to the JCT Standard Building Contract 2011 (SBC). For a summary of the Standard Building Contract refer to Chapter 7 , Types of Contract.

Introduction Articles of Agreement Recitals Articles Contract Particulars Attestation Conditions

Section 1 – Defi nitions and interpretation

Definitions (Clause 1·1) Interpretation (Clauses 1·2 to 1·11)

Section 2 – Carrying out the works

Contractor’s obligations (Clauses 2·1 to 2·3 and Supplemental Provisions 1,4 and 5)

Possession (Clauses 2·4 to 2·7) Supply of Documents, Setting Out etc. (Clauses 2·8 to

2·12 and Schedule 1 (Contractor’s Design Submission Procedure)

Errors, Discrepancies and Divergences (Clauses 2·13 to 2·18) CDP Design Work (Clauses 2·19 and 2·20 and Supplemen-

tal Provision 3) Fees, Royalties and Patent Rights (Clauses 2·21 to 2·23)

Unfixed Materials and Goods (Clauses 2·24 and 2·25) Adjustment of Completion Date (Clauses 2·26 to 2·29 and

Schedule 2) Practical Completion, Lateness and Liquidated Damages

(Clauses 2·30 to 2·32) Partial Possession by Employer (Clauses 2·33 to 2·37) Defects (Clauses 2·38 and 2·39) Contractor’s Design Documents (Clauses 2·40 and 2·41)

Section 3 – Control of the works

Access and Representatives (Clauses 3·1 to 3·6) Sub-Contracting (Clauses 3·7 to 3·9) Architect/Contract Administrator’s instructions (Clause 3·10

to 3·22 and Schedule 4) CDM Regulations (Clauses 3·23 and 3·24 and Supplemental

Provision 2)

Section 4 – Payment (and Schedule 6 – Forms of bonds)

Contract Sum and Adjustments (Clauses 4·1 to 4·5) Certificates and Payments (Clauses 4·6 to 4·15) Gross Valuation (Clauses 4·16 and 4·17) Retention (Clauses 4·18 to 4·20) Fluctuations (Clauses 4·21 and 4·22 and Schedule 7) Loss and Expense (Clauses 4·23 to 4·26)

Section 5 – Variations

General (Clauses 5·1 to 5·5 and Schedule 2) The Valuation Rules (Clauses 5·6 to 5·10)

Section 6 – Injury, damage and insurance (and Schedule 3 – Insurance options)

Injury and property damage – indemnity and insurance (Clauses 6·1 to 6·6)

Works insurance (Clauses 6·7 to 6·11 and Schedule 3)

CDP Professional Indemnity insurance (Clauses 6·12 and 6·13)

Joint Fire Code (Clauses 6·14 to 6·17)

Section 7 – Assignment, third party rights and collateral warranties (and Schedule 5 – Third party rights)

Section 8 – Termination

General (Clauses 8·1 to 8·3) Termination by the Employer (Clauses 8·4 to 8·8) Termination by the Contractor (Clauses 8·9 and 8·10) Termination by either Party (Clause 8·11) Consequences of Termination under Clauses 8·9 to 8·11,

etc. (Clause 8·12)

Section 9 – Settlement of disputes

General (and Supplemental Provision 6)

Mediation (Clause 9·1) and ADR Adjudication (Clause 9·2) Arbitration (Clauses 9·3 to 9·8) Litigation (Article 9)

SBC Article 3 and Clauses 2.8 to 2.12 How a project is administered is important to ensure a project is delivered successfully and for the avoidance of claims. An architect is often appointed to act as a contract administrator on the employer’s behalf and undertakes a number of administrative functions including issuing certificates, ordering variations of the works, agreeing interim payments and monitoring progress of the work. Details of the architect who is to act as the contract administrator is to be inserted under SBC Article 3.