Cover
Title Page
Preface to the fifth edition
Abbreviations
1 Introduction
1. 1.1 Some general things about contracts
2. 1.2 Some background to MW and MWD
3. 1.3 When to use MW and MWD
4. 1.4 How to use
5. 1.5 What is the contract?
6. 1.6 How to complete the contract form
7. 1.7 Priority of documents
8. 1.8 Inconsistencies and divergences
9. 1.9 Custody and copies
10. 1.10 Limits to use
11. 1.11 Notices, time and the law
12. 1.12 Common problems
2 Some basics
1. 2.1 Works
2. 2.2 Drawings
3. 2.3 Copyright
4. 2.4 Specification
5. 2.5 Schedules
6. 2.6 Privity of contract and third party rights
7. 2.7 Base date
8. 2.8 Common problems
3 Things you must know
1. 3.1 The Housing Grants, Construction and Regeneration Act 1996 (as amended)
2. 3.2 Express and implied terms
3. 3.3 Limitation periods
4. 3.4 Letters of intent
5. 3.5 Quantum meruit
6. 3.6 Common problems
4 Architect’s powers and duties
1. 4.1 Authority and duties
2. 4.2 Duty to act fairly
3. 4.3 An architect in a local authority or similar
4. 4.4 Express provisions of the contract
5. 4.5 Common problems
5 Contractor’s powers and duties
1. 5.1 Contractor’s obligations: express and implied
2. 5.2 Basic principles
3. 5.3 Carrying out the Works
4. 5.4 Workmanship and materials
5. 5.5 Statutory obligations
6. 5.6 Contractor’s representative
7. 5.7 Compliance with architect’s instructions
8. 5.8 Suspension of obligations
9. 5.9 Common problems
6 Employer’s powers and duties
1. 6.1 Powers and duties: in the contract and elsewhere
2. 6.2 Rights under MW and MWD
3. 6.3 Other rights
4. 6.4 Duties under MW and MWD
5. 6.5 Retention
6. 6.6 Other duties
7. 6.7 Common problems
7 Quantity surveyor
1. 7.1 Appointment
2. 7.2 Duties
3. 7.3 Responsibilities
4. 7.4 Common problems
8 Clerk of works
1. 8.1 Appointment
2. 8.2 Duties
3. 8.3 Responsibilities
4. 8.4 Common problems
9 Sub‐contractors and suppliers
1. 9.1 General
2. 9.2 Differences between assignment and sub‐contracting
3. 9.3 Assignment
4. 9.4 Sub‐contracting
5. 9.5 Nominated sub‐contractors
6. 9.6 Common problems
10 Statutory matters and work outside the contract
1. 10.1 Statutory authorities
2. 10.2 Works not forming part of the contract
3. 10.3 Common problems
11 Insurance
1. 11.1 Important
2. 11.2 Injury to or death of persons
3. 11.3 Damage to property
4. 11.4 Insurance of the Works
5. 11.5 Evidence of insurance
6. 11.6 Loss or damage
7. 11.7 Common problems
12 Possession of the site
1. 12.1 Important points
2. 12.2 Date for possession
3. 12.3 Failure to give possession
4. 12.4 Common problems
13 Extension of time
1. 13.1 Why necessary?
2. 13.2 Extension of time
3. 13.3 Reasons
4. 13.4 Failure to notify delay
5. 13.5 Does an extension of time entitle the contractor to any money?
6. 13.6 Common problems
14 Liquidated damages
1. 14.1 What are liquidated damages?
2. 14.2 Liquidated damages or penalty?
3. 14.3 Procedure
4. 14.4 Common problems
15 Financial claims
1. 15.1 General
2. 15.2 Dealing with loss and/or expense
3. 15.3 Types of claims
4. 15.4 Common problems
16 Architect’s instructions
1. 16.1 Architect’s instructions
2. 16.2 Contractor’s objection
3. 16.3 Specific instructions
4. 16.4 Other instructions which will be empowered
5. 16.5 Common problems
17 Variations
1. 17.1 Variations
2. 17.2 Valuation
3. 17.3 Provisional sums
4. 17.4 Common problems
18 Payment
1. 18.1 Important to read this first
2. 18.2 Contract Sum
3. 18.3 Interim certificates
4. 18.4 Final certificate
5. 18.5 Effect of certificate
6. 18.6 Failure to pay
7. 18.7 Retention
8. 18.8 Common problems
19 Practical completion
1. 19.1 Practical completion
2. 19.2 The contract says
3. 19.3 Consequences of practical completion
4. 19.4 Common problems
20 Defects liability
1. 20.1 During construction
2. 20.2 During the rectification period
3. 20.3 Defects, shrinkages and other faults
4. 20.4 Frost
5. 20.5 Procedure
6. 20.6 Making Good
7. 20.7 Certificate of making good
8. 20.8 Common problems
21 Termination
1. 21.1 Preliminary thoughts
2. 21.2 If no termination in the contract
3. 21.3 Termination by the employer
4. 21.4 Consequences of employer termination
5. 21.5 Termination by the contractor
6. 21.6 Consequences of contractor termination
7. 21.7 Termination by either employer or contractor
8. 21.8 Termination after loss or damage to existing structures
9. 21.9 Reinstatement
10. 21.10 Common problems
22 Contractor’s designed portion (CDP)
1. 22.1 Principles
2. 22.2 Contractor’s obligations
3. 22.3 Inconsistences and divergences
4. 22.4 Variations
5. 22.5 Other matters
6. 22.6 Common problems
23 Dispute resolution procedures
1. 23.1 General
2. 23.2 Choice
3. 23.3 The Construction Act 1996
4. 23.4 Adjudication in general
5. 23.5 Pros and cons
6. 23.6 Adjudication in detail
7. 23.7 Arbitration
8. 23.8 Legal proceedings (litigation)
9. 23.9 Mediation
10. 23.10 Common problems
Notes and references
Table of cases
Clause number index to text
Subject index
End User License Agreement

List of Tables

Chapter 01
1. Table 1.1 Filling in the MW form (MWD variations shown).
Chapter 04
1. Table 4.1 Architect’s powers under MW and MWD.
2. Table 4.2 Architect’s duties under MW and MWD.
3. Table 4.3 Certificates to be issued by the architect under MW and MWD.
Chapter 05
1. Table 5.1 Contractor’s powers under MW and MWD.
2. Table 5.2 Contractor’s duties under MW and MWD.
Chapter 06
1. Table 6.1 Employer’s powers under MW and MWD.
2. Table 6.2 Employer’s duties under MW and MWD.
Chapter 15
1. Table 15.1 Common loss and/or expense items.
2. Table 15.2 Clauses that may give rise to claims under MW and MWD.
Chapter 18
1. Table 18.1 Adjustment of Contract Sum under MW and MWD.

List of Illustrations

Chapter 07
1. Figure 7.1 Some possible contractual relationships.
Chapter 13
1. Figure 13.1 Flowchart of contractor’s duties in claiming an extension of time.
2. Figure 13.2 Flowchart of architect’s duties in relation to claim for extension of time.
Chapter 16
1. Figure 16.1 Flowchart of architect’s instructions.
Chapter 18
1. Figure 18.1 Flowchart showing interim payment provisions under MW and MWD.
2. Figure 18.2 MW and MWD time chart.
Chapter 21
1. Figure 21.1 Flowchart of termination by employer.
2. Figure 21.2 Flowchart of termination by contractor.
Chapter 23
1. Figure 23.1 Selection of an adjudicator.
2. Figure 23.2 Procedure under the Scheme and in relation to arbitration.

Pages

This edition first published 2018
© 2018 John Wiley & Sons Ltd

Edition History
Legal Studies and Services (Publishing) Ltd (1e, 1991); Blackwell Science (2e, 1999); Blackwell Publishing (3e, 2004); Blackwell Publishing (4e, 2006)

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by law. Advice on how to obtain permission to reuse material from this title is available at http://www.wiley.com/go/permissions.

The right of David Chappell to be identified as the author of this work has been asserted in accordance with law.

Registered Offices
John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, USA
John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK

Editorial Office
9600 Garsington Road, Oxford, OX4 2DQ, UK

For details of our global editorial offices, customer services, and more information about Wiley products visit us at www.wiley.com.

Wiley also publishes its books in a variety of electronic formats and by print‐on‐demand. Some content that appears in standard print versions of this book may not be available in other formats.

Limit of Liability/Disclaimer of Warranty
While the publisher and authors have used their best efforts in preparing this work, they make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives, written sales materials or promotional statements for this work. The fact that an organization, website, or product is referred to in this work as a citation and/or potential source of further information does not mean that the publisher and authors endorse the information or services the organization, website, or product may provide or recommendations it may make. This work is sold with the understanding that the publisher is not engaged in rendering professional services. The advice and strategies contained herein may not be suitable for your situation. You should consult with a specialist where appropriate. Further, readers should be aware that websites listed in this work may have changed or disappeared between when this work was written and when it is read. Neither the publisher nor authors shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.

Library of Congress Cataloging‐in‐Publication Data
Names: Chappell, David (David M.), author. | Chappell, David (David M.). JCT minor works form of contract.
Title: The JCT minor works building contracts 2016 / by Dr. David Chappell, BA(Hons Arch), MA(Arch) MA(Law), PhD RIBA David Chappell Consultancy Limited, West Yorkshire, United Kingdom.
Description: Fifth edition. | Hoboken : Wiley, 2017. | Revised edition of: JCT minor works building contracts 2005 / David Chappell. 4th ed. 2006. | Includes bibliographical references and index. |
Identifiers: LCCN 2017016744 (print) | LCCN 2017016886 (ebook) | ISBN 9781119415282 (pdf) | ISBN 9781119415305 (epub) | ISBN 9781119415541 (pbk.)
Subjects: LCSH: Construction contracts–England.
Classification: LCC KD1615 (ebook) | LCC KD1615 .C48 2017 (print) | DDC 343.4207/869–dc23
LC record available at https://lccn.loc.gov/2017016744

Cover Design: Wiley
Cover Images: (Main Image) © Jose‐Luis Saez Martinez / EyeEm/Gettyimages;(Background Image) © 1xpert/Gettyimages

Preface to the fifth edition

The Minor Works Contract continues to be the most popular JCT contract in use. Many architects with whom I have spoken through the RIBA Information Unit have been kind enough to tell me that previous editions of this book have been useful and that they particularly value its straightforward approach. I understand that contractors share that view. Naturally, that is gratifying to know.

I am always trying to produce books which simplify (so far as that is possible!) what the contracts say. In my book about the JCT Standing Building Contract 2011, I tried splitting the subject into more, but shorter, chapters and splitting the chapters into shorter paragraphs with more sub‐headings. That proved popular so I have changed the layout of this book accordingly. There are no references to legal cases or clauses in the text in order to make it more readable. The relevant clause numbers are in the margins opposite the text and there are also references to cases and other notes in the margin for those people who like to know more detail.

I have re‐written much of the text to make it easier to understand and some explanations from first principles have been included where I thought that would be helpful. I have tried to avoid all legal or pseudo‐legal words and I have borne in mind that busy architects and contractors will look into this book to find what to do in various circumstances. Occasionally, where the precise legal position is unclear, I have offered a view. As before, there are some sample letters and some flowcharts to try and make the complicated bits easier to understand.

The 2016 edition of the contract contains a great many changes from the 2011 edition. Many of these changes are apparently minor, but all are significant. The payment provisions have been substantially revised and there are revisions to insurance, variation instructions, CDM Regulations, Supplemental Provisions, definitions, Contractor’s Designed Portion and there is scarcely a page without some change.

I have taken the opportunity to remove a few references to legal cases which seemed less important and I have added over 70 cases for those who like to delve more deeply.

I acknowledge the ongoing assistance I receive from Michael Cowlin LLB(Hons) DipOSH Dip Arb FCIArb Barrister (not practising) and Michael Dunn BSc(Hons) LLB LLM FRICS FCIArb who may not know that they have helped to write this book. I wrote the first edition of this book with the eminent contract authority Professor Vincent Powell‐Smith. We wrote several books together and I shall always be grateful for his assistance and advice. Finally, I am grateful to my children and grandchildren who brighten my life.

David Chappell
Wakefield
October 2016

The JCT Minor Works Building Contracts 2016

Fifth Edition

Preface to the fifth edition

Note

Abbreviations