„Agreements“ define the main obligations of the parties involved. In general, they consist of four sections: in terms of interpretation, pages 29 to 31 detailed on how the contract and conditions should be interpreted. This is useful for understanding when there is disagreement on all issues during the project. JCT sets a fixed date for completion and provides in advance for a damages liquidation agreement to estimate the losses incurred by the employer if the contractor does not complete the work before that agreed date. The contractor has the right to request an extension of time in the event of an event that occurs at the employer`s risk and delays the holder. It is important to understand the interpretive clauses, as it allows the parties to clearly understand what the agreement is. It is useful to refer to this section before signing a contract. Guarantees are more explicit agreements that are linked to certain third parties, such as. B a known tenant, and it is expected that the duty of care in the contract will be extended by one of the contracting parties to the third party (not in the contract). A simple example is that the construction and construction contractor owes a duty of care to the future development occupant, as these are subsequent defects. For example, the content of the JCT Standard Building Contract (SBC) contract articles below is more detailed. In the recitals, the agreement is relegated to the background with factual details on the basis of the contract. Seven recitals describe what is needed and what has happened.
An example of its application could be used if there is disagreement over the scope of the work: this means that the contractual document is the whole agreement between the two parties and that only the documents contained in it are relevant. Therefore, the contractor`s e-mail is not relevant without the brick wall, as it is not a contractual document. This section of the treaty contains nine different articles and, in fact, the articles contain the main agreements of the treaty. The table below provides a description: this section lists aspects of the contract that have a particular value for the project to which the contract relates. This is a timetable for the variables in the agreement and the conditions. It is important that the variables are consistent with the appropriate operating mechanism in the agreement, conditions and schedules, as disputes may arise when one of the contracting parties applies the contract guidance without appropriate reference to the operating clause. „The employer [expressly confirms] that it is not in compliance with the contract“ The insurance of existing structures and structures – clauses 6.7 to 6.14 are to be read in relation to the contractual indications and the schedules of the JCT design and construction contract. The contract information (page 13) specifies the selected insurance option (option A, B or C) and schedule 3, the effects of implementing this option. The contractor`s commitment, i.e.
the execution and completion of the work, subject to contractual documents. Mediation – The JCT design and construction contract recommends the cheapest and fastest route. Mediation is a structured process in which a neutral third party (The Ombudsman) assists the parties in resolving the dispute through specific negotiation techniques. One of the most common reasons for termination is when one of the parties becomes insolvent and can no longer fulfill its obligations. Paragraph 8.1 explains what the definition of insolvency for a business means; A partnership a person or a person. Practical completion, delay and liquidation of damages – These clauses relate to issues relating to practical, step-by-step and unfinished clauses, referred to in paragraphs 2.27 and 2.28. Section 2.29, which sets out the specific rules that the employer must follow to assert the damage to the contractor as a result of a delay in completion, is a key issue that often leads to litigation.