By Richard F. Fellows
This quantity analyzes and reviews at the 1980 JCT general kind of construction agreement, deepest with amounts version, on a clause-by-clause foundation, together with notes on interpretation, felony precedents and data at the replacement versions of the normal shape in addition to the proper supplementations. This 3rd version contains the amendments released as much as the top of November 1994 and updates the case legislation to incorporate major, fresh precedents which complement these incorporated within the first variants. This booklet may still end up precious to these thinking about construction, no matter if in or the professions in most cases encountering difficulties of interpretation and implementation of the agreement, or as scholars. using the booklet is usually recommended to be together with a replica of the fitting JCT agreement so that the precise terminology of the record could be studied including its interpretation. this is often rather very important in sensible occasions the place amendments to the agreement range the traditional phrases.
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Additional info for 1980 JCT Standard Form of Building Contract: A Commentary for Students and Practitioners
Contractor to indemnify the Employer against any claim for infringement of patents by the Contractor. 2 Where Contractor uses patented items due to his compliance with an AI, he is not liable for any patent infringements. , so arising to be paid by the Contract must be added to the Contract Sum. Note: (a) Where patents are infringed by the Contractor and the articles in question are not referred to in the Contract Bills, the Employer may incur liability, depending on the circumstances, provided that the articles were for proper inclusion in the Works.
5 (unless otherwise agreed by the Contractor and the Employer - this would constitute a Variation of the Contract and so the parties to the contract must agree to it). Also applies to work executed by the Contractor for which an Approximate Quantity is included in the BQ. Note: The payment rules are applicable only to Variations as defined by the Contract. 2 See Myers v. Sari (1860): Drawings, even if prepared in the Architect's office and stamped, must be signed by the Architect to be valid authority to execute work.
Note: (a) Provisions of Code of Procedure for Single Stage Selective Tendering, 1989. (b) Professional responsibilities, especially negligence. (c) JCT Standard Form is a Lump Sum Contract with provision for interim payments. 1 Defines VAT - introduced by Finance Act 1972. Under the control of the Customs and Excise. 2 Contract Sum is always exclusive of VAT. 3 Where any items become exempt from VAT after the Base Date Employer to pay the Contractor the loss of input tax he would otherwise have recovered.
1980 JCT Standard Form of Building Contract: A Commentary for Students and Practitioners by Richard F. Fellows