The Jct Minor Works Form of Contract

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Edition: 2nd
Format: Paperback
Pub. Date: 1999-05-01
Publisher(s): John Wiley & Sons Inc
Availability: This title is currently not available.
List Price: $89.25

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Summary

The Agreement for Minor Building Works (MW 80) is the most widely used of the JCT forms of contract. This book explains the practical applications of the form from the point of view of both the employer and his architect, and of the contractor. It explains the legal concepts in simple terms, supported by flowcharts, tables and sample letters. The new edition takes account of revisions to the contract since the book was last published in 1990, including changes introduced by the Construction Act, and recent court decisions.

Table of Contents

Preface to the Second Edition vii
The Purpose and Use of MW 80
1(16)
The background
1(1)
The use of MW 80
2(2)
Arrangement and contents of MW 80
4(2)
Contractual formalities
6(6)
Problems with the contract documents
12(3)
Notices, time and the law
15(2)
Contract Comparisons
17(10)
Introduction
17(3)
JCT contracts compared
20(7)
Contract Documents and Insurance
27(16)
Contract documents
27(7)
Types and uses
27(3)
Importance and priority
30(3)
Custody and copies
33(1)
Limits to use
33(1)
Insurance
34(8)
Injury to or death of persons
34(2)
Damage to property
36(1)
Insurance of the works against fire etc.
37(1)
A new building where the contractor is required to insure
37(1)
Alterations or extensions to existing structures
38(4)
Summary
42(1)
Architect
43(28)
Authority and duties
43(10)
Express provisions of the contract
53(6)
Architect's instructions
59(9)
Summary
68(3)
Contractor
71(16)
Contractor's obligations: express and implied
71(12)
Legal Principles
71(1)
Execution of the works
72(8)
Workmanship and materials
80(2)
Statutory obligations
82(1)
Contractor's representative
83(1)
Other obligations
83(2)
Access to the works and premises
83(1)
Compliance with architect's instructions
84(1)
Suspension of obligations
84(1)
Other rights and obligations
85(1)
Summary
85(2)
Employer
87(12)
Powers and duties: express and implied
87(5)
Rights under MW 80
92(1)
General
92(1)
Damages for non-completion
92(1)
Other rights
93(1)
Duties under MW 80
93(4)
General
93(1)
Payment
94(2)
Retention
96(1)
Other duties
97(1)
Summary
97(2)
Quantity Surveyor and Clerk of Works
99(18)
Quantity surveyor
99(6)
Appointment
99(1)
Duties
100(3)
Responsibilities
103(2)
Clerk of works
105(11)
Appointment
105(4)
Duties
109(6)
Responsibilities
115(1)
Summary
116(1)
Subcontractors and Suppliers
117(14)
General
117(1)
Subcontractors
117(7)
Assignment
117(1)
Subcontracting
118(4)
Nominated subcontractors
122(2)
Statutory authorities
124(2)
Works not forming part of the contract
126(2)
Summary
128(3)
Possession, Completion and Defects Liability
131(18)
Possession
131(5)
Introduction
131(1)
Date for possession
132(4)
Practical completion
136(3)
Definition
136(3)
Consequences of practical completion
139(1)
Defects liability period
139(7)
Definition
139(1)
Defects, excessive shrinkages and other faults
140(2)
Frost
142(1)
Procedure
142(4)
Summary
146(3)
Claims
149(14)
General
149(1)
Extension of time
150(6)
Legal principles
150(1)
Liquidated damages
151(1)
Extending the contract period
152(4)
Money claims
156(3)
General
156(2)
Types of claims
158(1)
Summary
159(4)
Payment
163(16)
Contract sum
163(2)
Payment before practical completion
165(3)
Penultimate certificate
168(1)
Final certificate
168(2)
Effect of certificate
170(2)
Withholding payment
172(1)
Retention
172(2)
Variations
174(2)
Provisional sums
176(1)
Fluctuations
176(1)
Summary
176(3)
Determination
179(18)
General
179(1)
Determination by the employer
180(6)
Grounds and procedure
180(6)
Consequences of employer determination
186(1)
Determination by the contractor
186(9)
General
186(1)
Grounds and procedure
187(7)
Consequences of contractor determination
194(1)
Summary
195(2)
Dispute Resolution
197(26)
General
197(1)
Adjudication
198(10)
Introduction
198(1)
Commencing the adjudication-notice to refer
199(1)
Appointment of adjudicator
200(4)
Referral of the dispute
204(4)
Arbitration
208(6)
Introduction
208(2)
Procedure
210(4)
Appointing an arbitrator
214(4)
Progress and powers of the arbitrator
218(1)
Summary
219(4)
Table of Cases 223(4)
Clause Number Index to Text 227(2)
Subject Index 229

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