The JCT Design and Build Contract 2011 Edition is an agreement under which the Contractor prepares and completes the design and construction of the Works usually for a lump sum.
This is a Contract in which Design, design liability and managing design are at the forefront. Hence understanding how to draft such a Contract, operate under the Contract, administer the Contract and complete the Contract from Employer, Consultant and Contractor perspective is a must.
This is a Contract where:
- Detailed contract provisions are necessary and the employer has prepared his requirements and issued these to the contractor; and
- Where the contractor is not only to carry out and complete the works, but is also to complete the design; and
- Where the Employer employs an agent (who may be an external consultant or employee) to administer the conditions.
Aims & Objectives:
By the end of this course you should be able to:
- Describe the purpose of Design and Build contracts and how this contract is used in the Construction Industry
- Understand the terminology of the JCT Design and Build 2011 contract.
- Differentiate role responsibility and when that responsibility ceases
- Understand the management of the Contract – managing variations, delay, payment, design, etc.
On completion of this course, delegates will be able to:
- Define the options available when considering the adoption of this Contract
- Describe a variety of methods for procurement
- Define individual responsibilities when administering the Contract
- Determine how to draft the Contract
- Examine the pros and cons of design and build contracts
- List the considerations necessary when preparing a Contract
- Understand the structure of a Contract, priority and incorporation of documents
- Avoid pitfalls when managing delay
- Establish how to find information relevant to scope, value, delay and disruption.
- Apply the skills required to administer the Contract.
- Understand the notion of completion and dealing with defects.
- Administer payment
- Understand the selection of and process of dispute resolution.
- The intended Purpose;
- Contract Structure and content;
- The language and philosophy;
- Subcontracting and Consultants.
- Entering into Contract;
- Drafting the Contract.
- Session 1 - Pre Contract principles; Contract drafting principles
- Session 2 - Executing the Contract; priority of documents; incorporating documents; dealing with programme period/sequencing
- Session 3 - Completing: Articles, Recitals and Contract Particulars
- Session 4 - Communication and notices
- Session 5 - Administering the Contract including varying the works and valuation of change.
- Session 6 - Workshop
- Session 1 - Managing Delay to progress and Completion; Liquidated Damages
- Session 2 - Managing Loss and Expense
- Session 3 - Programming under the JCT; Float; critical path, Sectional Completion.
- Session 4 - Practical Completion, Early Use, Beneficial Occupation, Phasing.
- Session 5 - Managing Defects; Snagging; Defects period; Making Good Defects; Latent Defects
- Session 6 - Payment; Notices; timing; compliance with the Local Democracy Economic Development and Construction Act 2009 amendments
- Session 7 - Dispute Resolution; Contractual and Statutory rights and Procedures.
- Session 8 - Workshop
Mode of Delivery:
As well as a power point presentation highlighting key topics of the JCT Design and Build 2011 Contract, there will be interactive workshops at the end of the day, where people will be split into teams or sit as a group subject to numbers to undertake various tasks regarding the JCT Design and Build 2011 procedures.
Any queries throughout the day can be brought up during the seminar or in the workshop sessions. There will also be a question and answer session at the end for people to discuss any further queries in relation to the topic.
Benefits of Attending:
- Initially, if a new subject, the benefits delegates will gain from attending will be an understanding of the structure and procedural management of these Contracts from tender selection, administration through to settlement, completion and even dispute resolution.
- Subsequently, or as a follow up course, the benefits obtained from comments made by delegates - either verbally or from evaluation forms.
This course is intended to benefit Main Contractors, Consultants and Clients. The Course caters for those that have never used this form before through to those who are currently operating with it but requiring a refresher or clarity in respect of their day to day obligations
There are no pre-course requirements other than that you attend with a desire to learn and participate.
Testimonials – what our clients say...
Technical Director, Amec Foster Wheeler
The tutor's knowledge and practical experience is a bonus in what could be a heavy training course.
Consultant, Amec Foster Wheeler
The tutor was very interactive with all and extremely good at communicating to people from all JCT understanding levels.