Knowles - JCT 2011 Design & Build - Stafford

This Knowles and Hill International  half day presentation contains vital information for all companies involved in design and build contracts – employers, main contractors and sub-contractors.

Those attending will gain information to ensure that they understand the potential pitfalls that may arise in using this form of contract. Recent case law involving payments will be fully considered.

1. What pitfalls arise when value engineering is agreed at tender stage?

2. What is novation, and how should this be properly undertaken to protect both the employer and the contractor?

3. Is the employer obliged to accept the contractor’s design when submitted, and how long does the employer have to reply to the contractor’s design?

4. Which takes precedence in the event of a discrepancy – the ER’s (employer’s requirements) or the CP’s (contractor’s proposals)?

5. Who has responsibility for ground conditions and other existing conditions – is it the contractor or the employer?

6. How does the contract deal with provisional sums? Is the contractor entitled to an extension of time when a provisional sum is instructed by the employer or is the contractor deemed to have made an allowance in his programme for a provisional sum?

7. Is the contractor entitled to payment for materials off site in the monthly valuations?

8. How do you value omissions of work when only lump sums are included in the contract sum analysis?

9. What is meant by a ‘fair valuation’ under clause 5.7?

10. The contractor has issued an interim application for payment in accordance with the contract terms, but no payment notice or pay less notice has been issued. Is the contractor entitled to be paid the full amount of the application? Would it make any difference if this is a final application?

11. What is the effect of a final statement, and when does it become conclusive of the amount due under the contract?

12. Collateral warranties – what should the parties watch out for when agreeing to provide a collateral warranty?

For further information email or telephone 01928 756500 or download a booking form here

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