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JCT Design & Build Contract - Coursework Example

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The law covers both verbal and written contracts. However, there are other provisions such as those relating to adjudication, which have to be in writing. The new Act also grants more power to…
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JCT Design & Build Contract
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One other significant change to the payment provisions is the outlawing of the clause ‘pay when paid’. The new act also sets timescales to follow when making payments for contracts. Another change regarding the payments is that if one party fails to issue notice of payment as the contract requires, the other party can step in and issue such notice, extending the date for final payment. Any such payments specified by notice ought to be paid before the final date of payment. Contracts stand to benefit a lot from these amendments.

Unlike in the previous law, contractors have an active role in the payment provisions. For instance, contractors can recover some of their funds for the work done when a contract is suspended. This was not possible in the previous legal framework. Contractors can also benefit from the fact that contracts no longer have to be in written. Some of the matters agreed upon by the parties verbally can also be incorporated in the contract. This ensures that the contractors are not shortchanged whenever they make verbal agreements with their clients.

Additional works in a contract comprise of variations to the original scope of the building contract. This is a common occurrence in building contracts where variations can occur due various emerging issues in performing contractual obligations. JCT 2011 Design and Build Contract provides various provisions on how contactors should deal with alterations to the original terms of the contracts when valuing additional works. Clause 2.11 of the law, for instance, states that “Subject to Clause 2.

15, the Contractor shall not be responsible for the contents of the Employer’s Requirements or for verifying the adequacy of any design contained within them.”This clause protects the contractor from suffering losses when the client or employer changes terms or requirements of the contract. In a

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