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020 _a9781119814825
020 _a9781119814856
_q(electronic bk.)
020 _a1119814855
_q(electronic bk.)
020 _z9781119814825
020 _z1119814820
035 _a(OCoLC)1401252327
040 _aDG1
_beng
_erda
_epn
_cDG1
041 _aeng
050 4 _aK891.B8
_bH54 2023eb
082 0 4 _a343.07/8624
_222
100 1 _aHigginbottom, Guy,
_0https://id.loc.gov/authorities/names/n2023030520
_eauthor.
245 1 0 _aDesign and build contracts /
_cGuy Higginbottom.
264 1 _aHoboken :
_bWiley-Blackwell,
_c2023.
300 _a1 online resource (416 pages)
336 _atext
_btxt
_2rdacontent.
337 _acomputer
_bc
_2rdamedia.
338 _aonline resource
_bcr
_2rdacarrier.
340 _2rdacc
_0http://rdaregistry.info/termList/RDAColourContent/1003.
500 _aIncludes index.
505 0 _aTable of Contents List of Figures xiii List of Tables xv List of Cases xvii Preface xix 1 Introduction 1 1.1 Some Types of 'Design and Build' 1 1.2 The Nature of Design and Build 2 1.3 A Brief History of Design and Build Contracts 4 1.4 Recent Developments in Design and Build 5 1.5 How to Use This Book 6 2 Construction Contracts 7 2.1 General 7 2.2 The Structure of a Construction Contract 7 2.3 Fairness as a Concept 14 Part I 19 3 Design and Build as Originally Intended 21 3.1 The Parties' Primary Obligations Under a Design and Build Contract 21 3.2 The Employer's Representative 24 3.3 The Relationship Between the Employer's Requirements and the Contractor's Proposals 26 3.4 The Employer's Requirements 29 3.5 The Contractor's Proposals 34 3.6 The Pricing Document 41 4 Consultants and the Employer's Representative 55 4.1 Means of Appointing Consultants 56 4.2 Obligations and Services 58 5 Procurement and Tendering 73 5.1 Procurement 73 5.2 Tendering 75 5.3 Types of Tender Processes 79 5.4 Early Contractor Involvement 83 5.5 Tender Returns and Evaluation 91 5.6 Contractor Selection and Appointment 94 6 Subcontracting 97 6.1 General 97 6.2 Domestic Subcontractors 103 6.3 'Nominated' or 'Named' Subcontractors 106 6.4 Early Subcontractor Involvement 114 7 Collateral Warranties, Third-Party Rights, Bonds, and Guarantees 117 7.1 General 117 7.2 Collateral Warranties 119 7.3 Third-Party Rights 123 7.4 Bonds and Guarantees 125 8 Construction133 8.1 General 133 8.2 Commencement 135 8.3 Completion in Sections (Subdividing the WholeWorks) 138 8.4 Progress 144 8.5 Acceleration 152 8.6 Programme 156 8.7 Interim Payments 162 8.8 Variations 178 8.9 Valuation (or Assessment) of Variations 196 8.10 Extensions of Time 212 8.11 Additional Costs (Loss and Expense) 225 8.12 Testing and Defects 229 9 Concluding the Contract 243 9.1 Termination 243 9.2 Obligations Prior to Completing the Physical Works 265 9.3 Meaning of 'Completion' 269 9.4 Damages for Late Completion 278 9.5 Rectification or Completing Outstanding Works After Completion 286 9.6 Final Account 298 9.7 Resolving Disputes 313 9.8 Concluding the Contract 330 Part II 335 10 Design and Build in Its Current Form 337 10.1 Reduction of the Contractor's Design 337 10.2 Novation of Design Consultants 339 11 Common Amendments to Design and Build Contracts 347 11.1 Project-Specific Amendments 348 11.2 Amendments with a Practical Benefit 349 11.3 Increased Liability for Contractor's Design 350 11.4 Reduced Employer's Risk/Increased Employer's Benefit 352 11.5 Reduced Contractor Rights (Not Design Related) 353 11.6 Increased Benefits to the Contractor 355 11.7 Clarifications 356 12 Possible Future Development in Design and Build 359 12.1 Continuing Trend of Reducing the Extent of Contractor Design 359 12.2 Novation of Design Consultants 361 12.3 Detailed Pricing Documents 362 12.4 Detailed Procedures for Testing and Commissioning 363 12.5 CollateralWarranties (FIDIC and NEC4) 365 Appendix A JCT Design and Build Contracts Reconciliation 367 Appendix B FIDIC Yellow Book Reconciliation 381 Appendix C NEC Engineering and Construction Contract (ECC) Reconciliation 387 Index 395
520 _a"Construction clients often amend standard form D&B contracts so that there is little or no design for the contractor to carry out. Amended this way, such contracts can transfer significant risk to a contractor. The aim of this book therefore is to provide guidance on the way D&B contracts are used in practice. The following current contracts will be covered: JCT DB (2016), FIDIC Yellow Book (2017) and NEC4 (2017). The book is not intended to be a clause-by-clause commentary on these contracts, rather it will take the reader through the relevant project stages (using the 2013 RIBA Plan of Work stages), and provide a commentary or guidance of how each D&B contract relates to each particular project stage"--
_cProvided by publisher.
545 0 _aAbout the Author Guy Higginbottom is an experienced consultant who has spent much of his career working in private practice, including as commercial director for a large, regional building contractor. He has extensive experience of commercial matters and project delivery across many sectors, including using different forms of contract (main contracts, sub-contracts, and consultants’ appointments), and in particular those which include contractor’s design elements. He is now director of Guy Higginbottom Consultancy Limited, a company providing specialist contract and commercial advice to the construction and engineering industries.
650 0 _aConstruction contracts.
_0https://id.loc.gov/authorities/subjects/sh89001472.
650 0 _aConstruction industry
_xLaw and legislation.
_0https://id.loc.gov/authorities/subjects/sh85031407.
655 4 _aElectronic books.
856 _uhttps://onlinelibrary.wiley.com/doi/book/10.1002/9781119814856
_yFull text is available at Wiley Online Library Click here to view
942 _2ddc
_cER