By Richard F. Fellows
This quantity analyzes and reviews at the 1980 JCT general type of construction agreement, inner most with amounts variation, on a clause-by-clause foundation, together with notes on interpretation, felony precedents and data at the substitute versions of the normal shape in addition to the fitting supplementations. This 3rd version accommodates the amendments released as much as the tip of November 1994 and updates the case legislations to incorporate major, fresh precedents which complement these incorporated within the first versions. This publication should still turn out helpful to these serious about construction, even if in or the professions quite often encountering difficulties of interpretation and implementation of the agreement, or as scholars. using the e-book is suggested to be at the side of a replica of the correct JCT agreement so that the precise terminology of the record will be studied including its interpretation. this can be rather vital in useful events the place amendments to the agreement differ the normal phrases.
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Additional resources for 1980 JCT Standard Form of Building Contract: A Commentary for Students and Practitioners
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. JCT Practice Note 6 is a useful gUide to the VAT provisions. 1 Unfixed materials/goods delivered to, placed on or adjacent to the Works and intended therefore may be removed only for use on the Works, unless removal has been agreed in writing by the Architect.
C) J. Jarvis & Sons Ltd v. W. Nevill (Sunblest) Ltd v. Wm. 2 The AppendiX provides for the usual 6 months DLP to be varied. 3 (a) Specified on a schedule of defects by the Architect, to be delivered as an AI to the Contractor not later than 14 days from the expiration of DlP. (b) made good by the Contractor at his own cost (unless subject to an AI, with the Employer's consent, not to make good any such defects and to reduce the Contract Sum accordingly) and within a reasonable time. , including damage caused by frost prior to Practical Completion, may be the subjects of an AI for their making good - Contractor to comply within a reasonable time and normally at his own cost.
Following Dawber Williamson Roofing Ltd v. Humberside County Council (1979); under sub-contract in which no express terms cover the passing of property in materials/goods on site, the title does not pass until the materials/goods are fixed. See Stansbie v. Troman (1948): where items on site are owned by the Employer, common law requires the Contractor to take reasonable care to protect them from damage, theft, etc. This, probably, also applies to Sub-Contractors' items on site. 2 Applies to materials/goods stored off site - often applies to nominated items due to their high value.