Guide to JCT Minor Works Building Contract 2016

Table of contents

1. Cover
2. Title
3. Copyright
4. Foreword
5. About the author
6. Contents
7. About this Guide
8. 1 About MW16
   1. Key features
   2. Changes since MW11
   3. Use in different situations
   4. Use by domestic clients
   5. Use by public bodies
   6. Advising on MW16
   7. Some general principles of contract law
      1. Formation
      2. Express terms
      3. Implied terms
      4. Exemption clauses
9. 2 Documents
   1. Tendering
      1. Tendering procedures
   2. Contract documents
   3. Health and safety documents
   4. Execution
   5. Use of documents
      1. Interpretation, definitions
      2. Priority of contract documents
      3. Inconsistencies, errors or omissions
      4. Custody and control of documents
   6. Sub-contract documents
10. 3 Obligations of the contractor
    1. The works
    2. Design
    3. Materials, goods and workmanship: MW16
    4. Materials, goods and workmanship: MWD16
    5. Obligations in respect of quality of sub-contracted work
    6. Compliance with statute
    7. Health and safety legislation
    8. Other obligations
11. 4 Commencement and completion
    1. Commencement by the contractor
    2. Occupation by the employer
    3. Progress
    4. Completion
    5. Extensions of time
       1. Principle
       2. Procedure
       3. Assessment
    6. Occupation before practical completion
    7. Practical completion
    8. Practical completion of the works
    9. Procedure at practical completion
    10. Failure to complete by the completion date
    11. Liquidated and ascertained damages
12. 5 Control of the works
    1. Person in charge
    2. Clerk of works
    3. Sub-contracted work
    4. Work not forming part of the contract/persons engaged by the employer
    5. Principal designer
    6. Information to be provided by the contract administrator
    7. Information provided by the contractor
    8. Inspection and tests
    9. Contract administrator’s instructions
    10. Variations
    11. Defective work
    12. Making good defects
13. 6 Sums properly due
    1. Provisional sums
    2. Valuation of variations
    3. Direct loss and/or expense
    4. Fluctuations
14. 7 Certification
    1. Interim payments
    2. Value of work properly executed
    3. Accepting defective work
    4. Unfixed materials and goods
    5. Retention
    6. Payment procedure
    7. Payment when no certificate is issued
    8. Deductions
    9. Employer’s obligation to pay
    10. Contractor’s position if the certificate is not paid
    11. Contractor’s position if it disagrees with an amount certified
    12. Certificates after practical completion
    13. Final certificate
    14. Conclusive effect of final certificate
15. 8 Indemnity and insurance
    1. Injury to persons
    2. Damage to property
    3. Insurance of the works
    4. Action following damage to the works
    5. The contract administrator’s role in insurance
16. 9 Termination
    1. Repudiation or termination
    2. Termination by the employer
    3. Insolvency of the contractor
    4. Termination by the contractor
    5. Termination by either party
17. 10 Dispute resolution
    1. Alternative dispute resolution
    2. Adjudication
    3. Arbitration
    4. Litigation
18. References
    1. Publications
    2. Cases
    3. Legislation
19. Clause Index for MW16
20. Clause Index for MWD16
21. Subject Index