JCT: How to Succeed with the JCT Design and Build Contract 2016

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JCT: How to Succeed with the JCT Design and Build Contract 2016

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Courses Overview:

The JCT Design and Build Contract is widely used, allowing a reasonable certainty over employer costs during the contract, whilst increasing the contractor’s risk. It is important for Employer and Contractor to understand their responsibilities on change management, quality and additional time. Revamped to explain the new and amended provisions of the 2016 contract this course provides everything needed for those working with JCT Design and Build 2011 or 2016 editions.

This 1 day course has been built by practicing barristers to summarise the main changes in the latest JCT Design and Build Contract 2016 to provide an appraisal of the form, common misunderstandings and highlighting the differences with its predecessor. The JCT Design and Build Contract is widely used. In contrast to other JCT forms, it allows a reasonable amount of certainty over employer costs during the contract, whilst also increasing the contractor’s risk.

The course has been developed, using wide ranging experience and contract knowledge of Contract agreement and dispute resolution to highlight a comprehensive understand of the 2016 changes which include: use of Contract particulars, schedules, relevant events and L+E matters. The course also highlights the provision for PI insurance, a contractor’s design submission procedure, third party rights and payment provisions.

This course is a must for all who have a commercial or project responsibility within a JCT Design and Build Contract 2016 delivery, For both employer and contractor.

Benefits of this course:

  • Clearly understand the updates to JCT 2016
  • Get to grips the updated contract conditions
  • When using the contract, recognise requirements and proposals
  • Access the speaker’s wealth of knowledge in the use of JCT contracts
  • Participate in discussions throughout the day
  • Benefit from a post-seminar helpline facility
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Background to JCT Design and Build 2016
• The Agreement
• Contract Particulars
• Employer’s Agent
• Responsibility for design

Employer’s Requirements
• Design and specification input by employer
• Use of professional advisers/services
• Design development
• Constraints and restrictions
• Design; carrying out the work
• Timing
• Flexibility in approach
• Contractual information to be given
• Conflict in/between contract documents

Contractor’s Proposals
• Principles
• Design/specification proposals – use of specialists/sub-contractors
• Approvals
• Extent of design solutions to be given at tender stage
• Alternative proposals
• Retrospective design liability
• Lump sum offer – alternatives; qualifications

Conditions of Contract
• Key contract conditions, including those related to the contractor’s dual responsibility
• Materials and workmanship
• Assignment
• Employment of sub-contractors
• Possession, completion and damages for non-completion

• Changes to the employer’s requirements and their valuation
• Entitlement to recover loss and/or expense
• Sectional completion
• Interest
• Payments and final account matters
• Suspension
• Adjudication – the JCT approach

Insurances including Design Liability Insurances
• Review of requirements under JCT and protection afforded
• Review of available insurances against risk of design, defects, policy limitations and exceptions

Novated Design
• Current practice; procedures involved; potential pitfalls

Third Party Rights
• Third party rights
• JCT approach, use and treatment of statute and collateral warranties

The New Construction Act
• Brief review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication provisions

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