Be prepared
Tolson, S
Be prepared - 2000 - Building 265(8163) 24 November 2000, 57(1) .
Examines how the JCT design-and-build contract can cause considerable problems for employers if queries arise regarding interim payments. Key omissions in the contract empower the contractor at the employer's expense; there is no provision for the contract administrator or QS to value the contractor's work, and there is no provision for the certification by a contract administrator of the money due to the contractor. This can result in the contractor submitting an application as a lump sum which is almost impossible to check, and the employer facing severe time constraints if he wishes to object to the contractor's valuation. In addition, if the employer fails to serve a withholding notice with regard to a set off or deduction, the contractor's application sum automatically becomes payable.
INTERIM PAYMENTS
Valuation
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
CONTRACT ADMINISTRATOR
DESIGN AND BUILD CONTRACTS
CONTRACTORS
WITHHOLDING
CERTIFICATION
Be prepared - 2000 - Building 265(8163) 24 November 2000, 57(1) .
Examines how the JCT design-and-build contract can cause considerable problems for employers if queries arise regarding interim payments. Key omissions in the contract empower the contractor at the employer's expense; there is no provision for the contract administrator or QS to value the contractor's work, and there is no provision for the certification by a contract administrator of the money due to the contractor. This can result in the contractor submitting an application as a lump sum which is almost impossible to check, and the employer facing severe time constraints if he wishes to object to the contractor's valuation. In addition, if the employer fails to serve a withholding notice with regard to a set off or deduction, the contractor's application sum automatically becomes payable.
INTERIM PAYMENTS
Valuation
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
CONTRACT ADMINISTRATOR
DESIGN AND BUILD CONTRACTS
CONTRACTORS
WITHHOLDING
CERTIFICATION