JCT Construction Management Guidence

2008G CM/G Construction Management Guide Construction Management Construction Management Guide (CM/G) This Guide is intended to provide a general introduction to the Construction Management Appointment and the Construction Management Trade Contract and is not a substitute for professional advice. Published December 2008 by Thomson Reuters (Legal) Limited (Registered in England & Wales, Company No 1679046) trading as Sweet & Maxwell 100 Avenue Road, London, NW3 3PF All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except in accordance with the provisions of the Copyright, Designs and Patents Act 1988, without the prior written permission of the publisher. Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell j is a registered trademark of Thomson Reuters (Legal) Limited. # The Joint Contracts Tribunal Limited 2008 www.jctcontracts.com Contents Introduction General Documents Structure Changes Page 1 Section 6 – Injury, Damage and Insurance Section 7 – Assignment, Guarantees, Third Party Rights and Collateral Warranties Section 8 – Termination Section 9 – Settlement of Disputes Schedules Schedule 1 – Trade Contractor’s Design Submission Procedure Schedule 2 – Acceleration Quotation and Variation Quotation Schedule 3 – Insurance Schedule 4 – Code of Practice Schedule 5 – Third Party Rights Schedule 6 – Forms of Bonds Schedule 7 – Fluctuations Options 19 Construction Management Appointment – Specific Provisions Construction Management Appointment – Articles of Agreement Attestation Construction Management Appointment – Conditions Section 1 – Definitions and Interpretation Section 2 – Procurement of the Project Section 3 – Control of the Project Section 4 – Payment Section 5 – Adjustments to the Construction Management Fee Section 6 – Injury, Damage and Insurance Section 7 – Assignment, Third Party Rights and Collateral Warranties Section 8 – Termination Section 9 – Settlement of Disputes Schedules Schedule 1 – Definition of Reimbursable Cost Schedule 2 – Insurance Schedule 3 – Third Party Rights Schedule 4 – Consultant Team Schedule 5 – Construction Manager’s Services Schedule 6 – Site Facilities and Services Schedule 7 – Cost Planning and Control 3 3 4 Annex A Model Schedule 5 – Construction Manager’s Services Model Schedule 6 – Site Facilities and Services Model Schedule 7 – Cost Planning and Control 22 Annex B Annex C 29 30 32 10 Appendix A – Table of Destinations Part 1: Construction Management Appointment Part 2: Construction Management Trade Contract Appendix B – Related Publications 45 Trade Contract – Specific Provisions Trade Contract – Articles of Agreement Trade Contract – Conditions Section 1 – Definitions and Interpretation Section 2 – Carrying out the Works Section 3 – Control of the Works Section 4 – Payment Section 5 – Valuation of Work and Variations 13 13 13 f The Joint Contracts Tribunal Limited 2008 CM/G Page i Page ii CM/G f The Joint Contracts Tribunal Limited 2008 Introduction General 1 Construction management is a method of procurement for use where the Employer wishes to utilise the services of a Construction Manager to manage the procurement of a Project. The essential function of the Construction Manager is to provide a consultancy and management service separate from that of the professional designer and without the direct contractor role that the management contracting method involves. However, he is also responsible for overall management of the site and for the provision of certain site facilities and common services. All the construction work is to be undertaken by Trade Contractors, each of whom enters into a contract (the Trade Contract) direct with the Employer; Trade Contractors may have design responsibilities. The Construction Manager is not party to those contracts, though he will assist the Employer with the selection of Trade Contractors, with negotiation and entry into those contracts, and will then act as the Employer’s agent in administering their terms. The Consultant Team is separately appointed by the Employer and operates under the leadership of the Consultant Team Leader. The team may include a Cost Consultant; where it does not, the duties of the Cost Consultant are undertaken by the Construction Manager. Documents 3 The JCT Construction Management documentation comprises: . the Construction Management Appointment (CM/A 2008), by which the Employer appoints the Construction Manager to manage the procurement of the Project; . the Construction Management Trade Contract (CM/TC 2008) under which the Employer employs each Trade Contractor to undertake his specific part or parts of the work on the Project; . Collateral Warranties CMWa/P&T (Construction Manager Collateral Warranty for a Purchaser or Tenant), CMWa/F (Construction Manager Collateral Warranty for a Funder), TCWa/P&T (Trade Contractor Collateral Warranty for a Purchaser or Tenant) and TCWa/F (Trade Contractor Collateral Warranty for a Funder); and . this Guide, which includes in Annexes A, B and C model provisions for use in Schedules 5, 6 and 7 of the Construction Management Appointment. Those model provisions are downloadable from the JCT website. Structure 4 The underlying scheme of the JCT Construction Management documentation remains the same as in the original (2002) edition with the Employer retaining the right throughout the Project to terminate the Construction Management Appointment (‘the Appointment’) at will. Trade Contracts, which are between the Employer and Trade Contractor, are entered into as necessary. Both the Appointment and Trade Contract comprise an Agreement and Conditions. The Agreement contains the Recitals, the Articles, the Contract Particulars and the Attestation clause. Part 1 of the Contract Particulars now contains information of the type previously contained within the Appendix while Part 2 of the Contract Particulars contains the information required to operate the contractual provisions relating to third party rights and collateral warranties. The Conditions in each case comprise nine sections and seven schedules. The section headings (and contents) of the Trade Contract substantially follow the format of the JCT Standard Building Contract 2005. In the case of the Appointment there are certain adaptations to reflect the different nature of that contract, as the table below illustrates: 2 5 6 7 f The Joint Contracts Tribunal Limited 2008 CM/G Page 1 A list of related publications is contained in Appendix B. in place of the JCT rules. Damage and Insurance Assignment. . The Trade Contract incorporates the revisions to the listings of Relevant Events (in relation to extension of time) and Relevant Matters (in relation to loss and/or expense). Damage and Insurance Assignment. There must be a deliberate ‘‘opt in’’ if the Parties are to have the right to require that disputes be referred to arbitration. with the approach and terminology generally adopted in the 2005 editions of other JCT contracts. Express reference is now made to the possibility of mediation.e. . as in those other contracts. unless otherwise later agreed and subject to either Party’s right to refer a dispute to adjudication. The principal changes in the content of the documents are: . There has been no material change in risk allocation from that of the 2002 edition. Third Party Rights and Collateral Warranties Termination Settlement of Disputes Trade Contract Definitions and Interpretation Carrying out the Works Control of the Works Payment Valuation of Work and Variations Injury. . . the Scheme for Construction Contracts[1] has been included. Page 2 CM/G f The Joint Contracts Tribunal Limited 2008 . Tenants and Funders. Both the Construction Manager and Trade Contractor may be required to take out and maintain Professional Indemnity insurance. Provision is included for the grant of rights to Purchasers. The Trade Contract now contains a design submission procedure similar to that found in the Standard Building Contract 2005 (SBC 2005). Minor changes have been made to reflect the 2007 CDM Regulations. that are now standard across most of the JCT suites of Contracts and Sub-Contracts. Tables of Destinations for the Appointment and the Trade Contract are set out in Appendix A. and related sub-contracts. .Section 1 2 3 4 5 6 7 8 9 8 Construction Management Appointment Definitions and Interpretation Procurement of the Project Control of the Project Payment Adjustments to the Construction Management Fee Injury. then. These also are considered in detail in relation to each contract. . 10 11 To assist comparison of the 2008 editions with the 2002 editions. If that is not done. disputes are to be resolved by litigation. There are no longer any standard provisions in relation to electronic data interchange. . . the rules set out in Part I of the Schedule to The Scheme for Construction Contracts (England and Wales) Regulations 1998. Changes 9 The 2002 JCT Construction Management documentation has been revised to bring it into line. the Parties may agree modifications to it. as to which the Parties are entirely free to incorporate their own rules. Guarantees. either by way of rights under the Contracts (Rights of Third Parties) Act 1999 or by collateral warranties. Each document contains integrated provisions regarding commencement and completion of the Project in Sections. the contents of the seven schedules differ significantly. . The documents no longer contain detailed provisions in relation to the Construction Industry Scheme (CIS) and VAT and rely instead on relevant statutory provisions. Third Party Rights and Collateral Warranties Termination Settlement of Disputes As between the Appointment and the Trade Contract. In the case of adjudication. subject to very minor modifications. so far as reasonably practicable. [1] i. . identifying the Project. the Recitals. Part 1 of which is for recording certain general information and the optional provisions that are to apply and Part 2 of which concerns third party rights and collateral warranties. as discussed below. and . there is no provision for retention and there is no reference to a completion date for his services. Article 6 (Arbitration) applies only where the Contract Particulars (Part 1) specifically state that it is to apply. provide the specified services and site facilities and administer each Trade Contract as the Employer’s agent. and this is reflected in the terms of the Construction Management Appointment. This is considered in greater detail in the context of the Conditions. the Articles. an Attestation clause. particulars of the Parties (the Employer and the Construction Manager). with separate forms for execution under hand and execution as a deed. he is paid a fee (plus reimbursable cost). his roles and responsibilities are those of a consultant and manager rather than a contractor. foreign companies. For example. Proper and accurate completion of the Articles of Agreement and identification of the relevant contractual documents is important for any project and. Construction Management Appointment – Articles of Agreement 13 This comprises: . . . with Part 3 providing details of the Consultant Team. Similarly. other clauses may also be needed in the case of certain housing associations. liquidated damages or loss and/or expense. . Attestation General 17 The attestation provisions are in standard JCT layout. . Different attestation provisions are still required under the law of Scotland (for which the Scottish Building Contract Committee Limited issues appropriate documentation). as Construction Manager.Construction Management Appointment – Specific Provisions 12 The Construction Manager appointed will often be a contractor but. which set out by reference the Construction Manager’s principal obligations and his right to remuneration. . reliance upon these is no substitute for proper consideration of the provisions the Parties wish to apply. fulfil the obligations set out in clause 2?1 in accordance with this Appointment’’. 14 Article 1 sets out the Construction Manager’s primary responsibility which is to ‘‘. the manner in which it is to be procured and the other advisers’ appointment by the Employer. partnerships and. If Article 6 does not apply (and subject to either Party’s right to refer a dispute to adjudication or subsequently to agree to mediation or arbitration) final resolution of disputes is a matter for the courts. extension of time. identify the CDM Co-ordinator and Principal Contractor and make provision with respect to dispute resolution and jurisdiction. In the case of UK registered companies the Companies Act 2006 additionally provides for execution of deeds by a single director signing it in the presence of a witness who attests the signature and this option is now included in the clause. the standard of skill and care required of him is that of the professional person. whilst default positions are included for many of the entries in the Contract Particulars. 15 16 18 f The Joint Contracts Tribunal Limited 2008 CM/G Page 3 . i.e. the Employer’s payment obligations are considered further in the context of section 4 of the Conditions. to procure the Project in accordance with the relevant documents. the Contract Particulars. with necessary adaptation to reflect the structure and terminology of the Construction Management documentation. Under the Foreign Companies (Execution of Documents) Regulations 1994 and the 1995 amendments to those regulations. professional advice should be obtained. Construction Management Appointment – Conditions Section 1 – Definitions and Interpretation 24 The format and content of this section largely follows that of SBC 2005. by expressing the document to be executed by the company under the signature of persons authorised to sign on its behalf in accordance with its domestic law. consideration should also be given to inserting an obligation on the foreign company for the duration of the Contract to maintain an agent for service within England and Wales or within Scotland or Northern Ireland. as agent for the Employer under each Trade Contract fulfil all the duties required from the Construction Manager as such agent under the Trade Contract. clause 2?1 sets out the Construction Manager’s obligations in relation to the procurement of the Project and provision of services and is set out here in full as an aid to understanding the role of the Construction Manager under this form of contract: ‘‘The Construction Manager shall manage the procurement of the Project in accordance with the Project Brief. almost all the Construction Manager’s duties as contract administrator for the Trade Contracts are set out in the Trade Contract itself. Page 4 CM/G f The Joint Contracts Tribunal Limited 2008 . by affixing its common seal or any manner of execution permitted under the laws of its place of incorporation. subject to clause 5?1 provide such additional services set out or referred to in Part 2 of Schedule 5 as may be instructed by the Employer. where the Contract is executed as a deed. or . as in the case of execution under hand. or 12 years. provide or secure the provision of such Site Facilities as are set out or referred to in Schedule 6. rather than operating here through UK subsidiaries. the Project Cost Plan and the Construction Phase Plan and in particular shall: ?1 ?2 ?3 ?4 26 provide the services set out or referred to in Part 1 of Schedule 5.Execution under hand or as a deed 19 The primary factor governing the decision to execute the Contract under hand or as a deed is whether the limitation period for instituting proceedings is to be 6 years. To avoid complications as respects the service of claims or notices outside the jurisdiction.’’ Thus. Section 2 – Procurement of the Project 25 As previously mentioned in connection with Article 1. 22 23 Many foreign companies do not have a seal and the authority of relevant signatories needs to be checked but if there is any doubt. whilst the planning and advisory services and duties of the Construction Manager are set out in Schedule 5. a foreign company can execute deeds either: . Mode of execution of the Contract will also determine the mode of execution of collateral warranties and (for both third party rights and collateral warranties) the limitation period that applies to them. where appropriate. Foreign companies 20 21 An increasing number of foreign companies involved in development and construction now themselves carry on business in the United Kingdom. the Cost Plan and Construction Phase Plan. If desired. although this consent is not to be unreasonably delayed or withheld. When the works in any Trade Contract (or in any Section to which they are divided) achieve practical completion the Construction Manager is required to issue a certificate to that effect and when all of the Trade Contracts comprising the Project or a Section have reached practical completion the Construction Manager is required to issue the Project Completion Certificate or relevant Section Completion Certificate. certification and approvals. In addition to that and working with the Consultant Team. Under clause 2?10 the Employer should make Consultant Team members aware of the fact that the project is being procured under the JCT Construction Management documents and that it is the Construction Manager that will effectively be fulfilling the Project/Contract Administrator role. managing the tender procedures for Trade Contracts and advising the Employer in relation to their placement and negotiation. and the Employer requires the agreement of the Construction Manager to use or occupy parts of the site. This marks the end of each Trade Contractor’s and the Construction Manager’s involvement with the Project. the Parties are able (by means of entries in the Contract Particulars) to limit certain of the Construction Manager’s liabilities. Once work on site commences.27 To allow the Construction Manager to perform his duties he is permitted to engage the personnel listed in the Contract Particulars. in doing so he may assist in deciding whether the Project is to be delivered in Sections. The Employer is responsible for engaging the Consultant Team. it is deemed to be practical completion of the ‘Relevant Parts’ and the Rectification Period of those parts commences on being taken over. albeit in the case of certain instructions and approvals he will require the Employer’s consent before exercising them. Additionally. but only with the consent of the relevant Trade Contractors but where this occurs. The Employer’s consent is required before the Construction Manager changes or supplements the listed personnel. At that point the Employer takes over the Project or Section and the certificate also marks the commencement of the Rectification Period. At the time of the Construction Manager’s appointment. Once Final Statements have been issued to every Trade Contractor and so long as there are no outstanding relevant adjudication. so the Construction Management Appointment contains no completion dates for the Project. The Employer may take over parts of the Project (or Sections) prior to its or their practical completion. As the final account for each Trade Contractor is calculated the Construction Manager is required to issue a Final Statement to him. it is envisaged that the Construction Manager himself will develop the Project Programme for agreement. In undertaking his duties the standard of skill and care expected of the Construction Manager is that of a professional consultant. the Construction Manager will under their terms have substantially all the functions and duties of a Contract Administrator under a JCTmain contract with respect to instructions. He has no direct responsibility for the design of the Project (which is the responsibility of the Professional Team and those Trade Contractors whose work-packages involve design) and hence he will have no liability for design unless there are matters which he ought to have detected and referred to the Employer. the Construction Manager’s duties will also include advice on the division of construction work into appropriate work packages. Once the initial Trade Contracts have been let and construction work begins. arbitration or other proceedings the Construction Manager can issue the Final Certificate. it is likely that the overall programme for the Project will also not have been determined. Under the model for Schedule 5. It is intended that the Construction Manager should be appointed as early as possible so that he can participate fully in the development of the definitive Project Brief. should in any event be made aware of any terms in those Agreements that may be relevant. and for ensuring that their Consultancy Agreements include provisions substantially in the terms set out or referred to in Schedule 4. As each Trade Contractor completes the making good of any defects that may be identified in the relevant Rectification Period (whether in respect of the Project or any Section) the Construction Manager is required to issue a certificate to the Trade Contractor to that effect. provided that he has 28 29 30 31 32 33 34 35 36 37 f The Joint Contracts Tribunal Limited 2008 CM/G Page 5 . for the purposes of his working relationship with the Consultant Team. consisting of the members identified by the Contract Particulars and/or such others as he notifies to the Construction Manager. control of the site and of access to it rests with the Construction Manager. The Construction Manager is entitled on request to a copy of the relevant parts of the Consultancy Agreements but. Instructions from the Employer must be in writing and issued where necessary to enable the Construction Manager to properly discharge his obligations. it is unlikely that the Employer will ever wish to appoint a Trade Contractor who is not recommended by the Construction Manager – but he may do so. All Trade Contractors are appointed using the JCT Trade Contract (CM/TC 2008). who is required to keep full and accurate records of costs incurred. the Construction Manager will not be liable to the extent that he has been prevented or delayed by the actions or inactions of the Consultant Team. 39 40 41 44 47 48 Page 6 CM/G f The Joint Contracts Tribunal Limited 2008 . subject to an exclusion for cost incurred through any failure by the Construction Manager to exercise the appropriate standard of skill. as defined in Part 3 of Schedule 1. There may be either a lump sum fixed fee or a fee calculated by reference to a formula. The fees are payable in instalments in accordance with the details the Parties have agreed in the Contract Particulars. The Employer is obliged to appoint the Trade Contractors necessary to carry out the Project. The Reimbursable Cost is cost of the types set out in Schedule 1. Section 3 – Control of the Project 38 To ensure clear lines of communication and decision-making the Employer is required to appoint an Employer’s Representative to act on his behalf. The Employer retains express power to instruct changes to the design or programme of the Project. Costs falling within the category of Reimbursable Cost are: . In practice. unless it is agreed by the Construction Manager that a Special Trade Contract should be used. Sub-contracting of any of the Construction Manager’s obligations under the Appointment requires the prior consent of the Employer. or as instructed. Interim payments are made each month on the basis of applications made by the Construction Manager. so that payments to the Construction Manager are limited to Reimbursable Cost and the Construction Management Fee.made reasonable efforts to avoid or mitigate the effects of those actions or inactions. The final date for payment is 17 days from receipt of the application and there is provision for the issue of payment and withholding notices by the Employer which comply with the Housing Grants. 45 46 In each case lump sums or specific rates may be agreed in lieu. Where the Employer does not issue either a payment or withholding notice the amount due to the Construction Manager is the amount determined in accordance with clause 4?2 of the Appointment. There is no provision to deduct retention from any payments to the Construction Manager. Various ‘‘sundry costs’’. having given due consideration to the recommendations of the Construction Manager. This may either be a member of the Employer’s staff or an outside consultant. care and diligence. The Construction Management Fee is divided between the Pre-Construction Management Fee and the Construction Period Management Fee. Section 4 – Payment 42 43 Payments to Trade Contractors are made directly by the Employer. Failure by the Employer to pay by the final date for payment gives the Construction Manager the right of suspension (subject to notice) and also the right to interest. . with provisions for adjustment to be stated in the Contract Particulars (in default of which there is provision for adjustment on a fair and reasonable basis). The cost of the Site Facilities to be provided in accordance with Schedule 6. Construction and Regeneration Act 1996 in the normal JCT format. The cost of the Construction Manager’s personnel (as listed in the Contract Particulars or otherwise agreed to by the Employer). to be set out in a document identified in the Contract Particulars. A Special Trade Contract is a contract that is agreed between the Employer and the Trade Contractor in a form other than that of the JCT Trade Contract. . There is no similar waiver in respect of the Joint Names Policy for any existing structures. The Joint Names Policy in respect of the Project must include a waiver of subrogation against any of the Construction Manager’s subcontractors in respect of loss or damage caused by the Specified Perils. It is worth noting that the Construction Management Fee does not. prior to the Project Completion Certificate or. details of which are set out in Schedule 2. the level of cover required is stated in the Contract Particulars. These recognise that cover (where required for those types of claims) is generally available only in an aggregate annual amount and not (as under the policy generally) for an amount per claim or series of claims arising out of a single event. death or loss or damage to property where due to negligence. Section 6 contains the relevant definitions used in that section and in Schedule 2. although the Trade Contract contains provisions indemnifying the Employer in such circumstances. death or loss or damage to property (other than the Project. Provision is also made for adjustment of the Construction Management Fee where the total cost of the Project exceeds that set out in the Project Cost Plan. The Construction Manager is under an obligation to take out and maintain Professional Indemnity insurance for the amount. for other liabilities. although the Appointment does not stipulate the specific level of insurance required. The Employer is required to indemnify the Construction Manager against any liability for personal injury. Particular care needs to be given to how the fee is to be adjusted. Site Materials and any existing structures rests with the Employer. but it should be noted that the Construction Manager’s liability is limited to the level of insurance that is required. In the latter case the adjustment is made in accordance with an agreed formula referred to in the Contract Particulars. Damage and Insurance 52 53 54 55 The Construction Manager is required to indemnify the Employer in respect of any liability for personal injury. Site Facilities. Section 6 – Injury. where applicable a Section prior to the Section Completion Certificate for it) that arises during or from the carrying out of his obligations under the Appointment and which is due to negligence. Certain of those risks may not be 56 57 58 59 60 f The Joint Contracts Tribunal Limited 2008 CM/G Page 7 . his employees or agents. unless the Parties agree there is to be no adjustment. breach of duty or default by the Employer. Responsibility for insuring the Project. amongst other things. in the case of employer’s liability the cover required must comply with all relevant legislation whilst. VAT is payable and the CIS is to be operated in accordance with current legislation. include services involved in the replacement of work damaged by the occurrence of any event which is subject of a Joint Names Policy or an Excepted Risk: these services would be additional (see Part 2 of Annex A of this Guide). The Contract Particulars also provide for separate optional covers both for pollution and contamination claims and for asbestos and fungal mould. and on the terms. Section 5 – Adjustments to the Construction Management Fee 51 Provision is made for the Construction Management Fee to be adjusted where either the Employer requires the Construction Manager to modify the services set out or referred to in Part 1 of Schedule 5 or to provide additional services referred to in Part 2 of that Schedule. The Employer is required to insure against these risks. stated in the Contract Particulars. It should be noted that this definition of the persons for whom the Employer is responsible includes the Trade Contractors. This certificate is not issued until all of the Trade Contract final accounts have been determined. This insurance is provided by means of Joint Names Policies. his employees or agents (other than the Construction Manager). This liability is to be insured by the Construction Manager. The cost of this insurance is treated as a sundry cost and thus forms part of the Reimbursable Cost. These terms concern the extent of indemnity provided and the period for which the insurance is required to be maintained. breach of duty or default of the Construction Manager.49 50 The Construction Manager’s final account is not settled until after the issue of the Final Certificate. If Terrorism Cover is withdrawn by the insurers after it has been effected the Employer has the option of either terminating the Construction Manager’s engagement under the Appointment or electing to continue with the Project. The class or description can be quite simple and general. Section 7 – Assignment. Where third party rights or collateral warranties have been granted this obligation to notify and consult also extends to Funders.relevant in every case and. . should it not be available at such rates the Construction Manager is required to notify and consult with the Employer. the third party rights are conferred from the date of receipt by the Construction Manager of a notice either identifying the Funder or identifying the Purchaser/Tenant and the nature of their interest in the Project. should not be required when it is clearly not relevant. . Where clauses 7C and 7D apply. Clauses 7A and 7B. e. If the precise requirements of Funders. The Construction Manager’s obligation to maintain the insurance by renewing it is subject to it being available at commercially reasonable rates. 63 The options are exercised by making the appropriate entries in Part 2 of the Contract Particulars. Tenants and Funders should be able to have direct recourse to the Construction Manager. Part 2 provides that where a beneficiary is not identified by name. they are deemed to require third party rights. The cost of this insurance does not form part of the Reimbursable Cost and so is covered by the Construction Management Fee. the requirement for certainty is of course the same with regard to collateral warranties. the Construction Manager is required to provide a collateral warranty within 14 days of receipt of a notice from the Employer requiring its provision. the Funder will be named. The rights conferred in this manner are set out in Schedule 3. where known. thus avoiding the requirement to provide collateral warranties. no rights will be conferred upon them – either by means of third party rights or by way of a collateral warranty. as stated in relation to the Contract Particulars. This section also addresses the commonly found requirement that. utilising JCT warranties CMWa/P&T and CMWa/F . and gives the following options: . which require the Construction Manager to give third party rights to Purchasers. . Purchasers and/or Tenants are not known at the time of entry into the Contract. there are entries for extending liability beyond reinstatement cost in the case of Purchaser/Tenant claims (and for the necessary cap on such liability) and. whilst conferring on Purchasers and Tenants the benefit of third party rights. it is possible to require a collateral warranty for the Funder. it is important that professional advice is taken as to their likely requirements. Where clause 7A or 7B applies. Section 1 of the Contracts (Rights of Third Parties) Act 1999 provides that a third party may enforce a term of a contract if the contract expressly so provides but (by section 1(3)) that the third party must be expressly identified in the contract by name. Thus: . for varying the default position as to consultants and others deemed to be within the scope of the ‘‘net contribution’’ provisions of Schedule 3 or the collateral warranty. which contains the information required to operate them. with appropriate default positions. Clauses 7C and 7D. or as a member of a class or as answering a particular description. Tenants or a Funder utilising the provisions of the Contracts (Rights of Third Parties) Act 1999. class or description.g. the lead bank providing finance for the Project or as the company to be incorporated or established as the special purpose vehicle under a specified agreement. Tenants or a Funder. Purchasers and Tenants (see Schedule 3). which require the Construction Manager to give collateral warranties to Purchasers. ‘‘all first purchasers’’ and/or ‘‘all original/first lessees’’ of the building or of particular units or parts of the Project. but there should be no problem describing an as-yet unascertained Funder as. in the case of Purchasers. for example. 66 67 68 69 Page 8 CM/G f The Joint Contracts Tribunal Limited 2008 . The JCT anticipates that. in certain circumstances Purchasers. Section 1(3) of the Act goes on to provide that the third party need not be in existence when the contract is entered into. . Tenants and Funder. As a matter of general law. 64 65 Proper and accurate completion of Part 2 is therefore essential. Third Party Rights and Collateral Warranties 61 62 Assignment by either Party requires the written consent of the other. where a beneficiary is identified in Part 2 of the Contract Particulars but it is not stated whether third party rights or a collateral warranty is required. There is no requirement for the Employer to give notice prior to termination. warning notice must be given so the Employer has the opportunity to remedy the situation and avoid termination. (Where Article 6 applies the Employer is obliged to ensure that arbitration is also the selected means of dispute resolution in each of the Trade Contracts. Litigation is the default position and will apply unless the Parties specifically make arbitration operative. where the Construction Manager wishes to terminate for non-payment or suspension of the Project. Rule 2. Section 9 – Settlement of Disputes 75 The Appointment provides four different means for the settlement of disputes: . which depend upon the cause of the termination. . The Construction Manager may terminate if work on the Project is suspended for 6 months (other than as a consequence of a default by the Construction Manager). . the Construction Manager’s right to terminate will be subject to the provisions of either Part 2 of Schedule 3 or the collateral warranty itself. the arbitration agreement in the Appointment is subject to the two exceptions mentioned in Article 6 and any arbitration under it is to be conducted in accordance with the JCT 2005 edition of the Construction Industry Model Arbitration Rules (CIMAR). care and diligence required of him or if the Employer fails to pay). Where arbitration is agreed under the Appointment and CIMAR Rules apply. the adjudicator may be named in the Contract Particulars and/or a nominating body identified there. which remains in force to deal with the consequences of the termination. possible exposure to litigation costs under the Civil Procedure Rules may be a sufficient incentive for the Parties to agree such matters. including mediation.e. regarding the giving of advance notice to the Funder so that the Funder may decide whether to exercise his ‘‘step in’’ rights. the Parties may agree to attempt to resolve disputes through mediation. Additionally. It is only the Construction Manager’s engagement under the Appointment that is terminated.Section 8 – Termination 70 This section contains provisions for the termination of the Construction Manager’s engagement under the Appointment by either Party if the other Party is insolvent or in default (i. using a third party to assist the negotiation process. if no agreement is reached as to who is to act as 71 72 73 74 77 78 79 f The Joint Contracts Tribunal Limited 2008 CM/G Page 9 .3 in effect provides that an arbitrator cannot be named by the appointor identified in the Contract Particulars until at least 14 days after the arbitration notice is served and it is only after that period. in appropriate cases. the Parties may litigate except insofar as they have specifically agreed to refer disputes to arbitration. subject only to the clause 9?2 provision regarding the nomination of adjudicators. or by subsequent agreement. but considers that it would not be appropriate to endorse any specific techniques or bodies. The variety of techniques and bodies that have developed over recent years would appear to suggest that such choices are frequently better made by the Parties when the dispute has actually arisen: in cases where mediation is likely to assist. the Parties may agree to refer disputes to arbitration either through the appropriate entry in the Contract Particulars. not the Appointment itself. A range of factors. the Employer has the option to terminate at will at any time. if the Construction Manager fails to exercise the degree of skill. In the case of adjudication. Where the Employer is a residential occupier (as defined by section 106 of the Act) there is no statutory requirement for the contract to contain an adjudication provision. The Appointment contains detailed provisions as to the financial and other consequences of termination. Where third party rights or a collateral warranty have been given to a Funder. which are outside the scope of this Guide. will determine the choice between arbitration and litigation. . and the Employer’s advisers should consider with their client whether an adjudication provision is desirable.) 76 The JCT supports the use of Alternative Dispute Resolution. the Parties have a contractual right to refer disputes to adjudication (Article 5 and clause 9?2). The Appointment requires any adjudication to be conducted in accordance with Part 1 of the Scheme for Construction Contracts. paragraph 1?2’. Schedule 2 – Insurance 87 88 This schedule contains details of the insurance policies to be taken out by the Employer in respect of the Project and any existing structures. these must either be listed in the Contract Particulars or the Employer must have agreed to additional or replacement personnel. In respect of the Project a Joint Names Policy for All Risks Insurance is required for the full reinstatement value (including the Construction Management Fee and other professional fees) of the Project and the replacement value of Site Materials and Site Facilities. the insurer will not be able to exercise any rights of subrogation against him) up to the issue of the Project Completion Certificate or (in respect of each Section) the Section Completion Certificate for that Section. most of which has to be carefully considered and agreed between the Parties. In respect of the Construction Manager’s personnel. The award of the arbitrator is final and binding on the Parties except in respect of any question of law arising in the course of the reference or arising out of an award. including payments to statutory undertakers. requesting him to name the arbitrator. The other four schedules to the Appointment are somewhat different from those in other JCTcontracts (including the Trade Contract) in that. there is an extension of the policy for defect rectification work. office furnishings and equipment. costs of health and safety measures and legal fees in connection with claims. payments for utilities. 81 84 85 86 89 Page 10 CM/G f The Joint Contracts Tribunal Limited 2008 . Much information requires to be inserted by the Parties (for example.) Where there are existing structures the Employer is required to take out a Joint Names Policy in respect of damage caused by Specified Perils. that either Party has the right to apply to the appointor.arbitrator. telephone charges. The Construction Manager is to be a composite insured (i. rather than containing standard procedures and options which are selected or operated by entries in the Contract Particulars they principally contain important detailed information specific to each appointment. whilst other schedules (for example. discussed further in relation to section 6 of the Trade Contract Conditions.e. Schedules 80 Schedules 1 to 3 respectively set out the definition of Reimbursable Cost. which (by clause 9?8) the Parties agree may be referred to the courts. in relation to the Construction Manager’s Services and Site Facilities and Services). Although this gives flexibility to tailor the form to the needs of any particular Project. Schedule 1 contains a wide ranging list of items allowable as sundry costs. (In relation to Trade Contractors. and that the degree of cover (and exclusions) required by that definition are such that not ‘‘all risks’’ are covered. care must be taken to record precise details as to which it covers and the basis for any adjustment to such sum or amount. Schedule 1. the insurance provisions relating to the Project and existing structures and Third Party Rights for Purchasers/Tenants and Funder. Definition of Reimbursement Cost) contain the JCT agreed provisions. the Construction Manager is entitled to be reimbursed the net cost reasonably incurred or alternatively as previously referred to by reference to a lump sum or rate(s). it also means that great care must be taken to ensure that Schedules 4 to 7 are properly completed. The Construction Manager’s interest as a joint insured continues until the issue of the Project Completion Certificate. costs incurred in the provision of Site Facilities and sundry costs. For items falling into this category. Reimbursement in respect of personnel is either by reference to a definition of cost contained within Schedule 1 or by reference to a lump sum or rate(s) agreed between the Parties and either set out or referred to in the Contract Particulars against the entry to ‘Clause 4?1 and Schedule 1. who are to be covered under the policy. Both Parties should be careful to recognise that All Risks Insurance is a defined term. Schedule 1 – Definition of Reimbursable Cost 82 83 The Reimbursable Cost comprises the cost of the Construction Manager’s personnel. Where agreeing a lump sum or rate in lieu of the actual cost. certain insurance premiums. The Employer is not obliged to pay for personnel whose utilisation he has not agreed to. Site Facilities are to be listed in Schedule 6. Schedule 3 – Third Party Rights 91 Part 1 of Schedule 3 sets out the third party rights for Purchasers and Tenants where clause 7A applies and Part 2 sets out the third party rights for a Funder where clause 7B applies. To give the Funder the opportunity to exercise this right the Construction Manager is required to give the Funder notice prior to exercising any right he has to terminate or treat the Appointment as repudiated. is a warranty from the Construction Manager that he has complied. even where paragraph 1?1?2 of Schedule 3 is stated to apply. (The identity of the Consultants themselves is (so far as then practicable) to be set out in the Contract Particulars. cease to be available at commercially reasonable rates. he also warrants that he has. f The Joint Contracts Tribunal Limited 2008 CM/G Page 11 . as at and with effect from Project (or. with a view to ensuring that the Consultant’s duties are aligned with the role he will be expected to play on a project procured using the JCT Construction Management documents and that the Consultant is fully aware that the Project is to be managed and executed in that manner. the Construction Manager gives the further warranty that no materials have been or will be used in the Project other than in accordance with ‘Good Practice in Selection of Construction Materials’ (Ove Arup & Partners). Each Part is in substantively the same terms as the corresponding collateral warranty. In respect of both Purchasers/Tenants and the Funder: . Schedule 4 – Consultant Team 92 93 94 95 96 The purpose of this schedule is to record or summarise (by reference where appropriate) the terms of the Consultancy Agreements between the Employer and each of the Consultants. Professional Indemnity insurance in accordance with clause 6?12 of the Appointment. If the Construction Manager is in breach of this warranty he will be liable to the Purchaser or Tenant for the reasonable costs of repair/renewal/reinstatement. Where Part 2 of the Contract Particulars does not identify any limit on liability the Construction Manager will have no liability in respect of such other losses. The principal right acquired by a Purchaser or Tenant is a warranty from the Construction Manager that. Part 2 is similarly intended to list or identify the listing of Additional Services that may be required. .90 The Construction Manager has the right to check that the two Joint Names Policies have been duly taken out and to take action to protect his position should the Employer be in default. The principal right acquired by a Funder. Section) Completion he has managed the procurement in accordance with the Appointment. the Construction Manager will be liable in respect of other losses incurred by a Purchaser or Tenant up to the maximum liability stated in Part 2 of the Contract Particulars. the Funder then has the opportunity to take over the Appointment and require the Construction Manager to accept the Funder’s instructions in place of those of the Employer. if paragraph 1?1?2 of Schedule 3 is stated to apply in Part 2 of the Contract Particulars. with the Appointment. Additionally. whether that entitlement arises before or after the ‘‘step in’’. at renewal. which will generally be vested in the Funder at the outset. and will continue to comply. . to the extent that the Purchaser or Tenant incurs or becomes liable for such costs. The Construction Manager’s liability in respect of this warranty is unlimited. where applicable. The Funder also gains ‘‘step in’’ rights whereby if the Funder terminates the Finance Agreement or if the Construction Manager has the right to terminate his engagement under the Appointment.) Schedule 5 – Construction Manager’s Services 97 It is intended that the required listing of Construction Manager’s Services should either be inserted or identified in Part 1 of Schedule 5. and will maintain. The Purchaser/Tenant or Funder has the right to evidence that it is being maintained and to be notified and consulted should it. The exercise of this right by the Funder is conditional upon the Funder accepting liability for the payment of any sums due to the Construction Manager. subject to written notice having been given to the Construction Manager. the rights acquired may be assigned twice. One important consideration will concern the Construction Manager’s role in relation to cost control. Schedule 7 – Cost Planning and Control 105 106 107 Schedule 7 is intended to list the services to be provided by the Cost Consultant and is needed only where a Cost Consultant has been or is to be appointed. management of the site. Project Cost Plan and Project Programme and selecting the Trade Contractors. programming and procurement. The model listings may be used as a base but for each project the Employer and Construction Manager should carefully consider the services required. Project Drawings. including compliance with the Joint Fire Code. Schedule 6 – Site Facilities and Services 99 100 101 102 103 104 Schedule 6 provides a place to list or identify matters such as site accommodation. progress. neither the fact that the actual value of the Variation may exceed the authority level nor the fact that it exceeds the sum anticipated at the time of the Employer’s consent affects the Construction Manager’s ability to properly value and certify payment in respect of that variation. welfare facilities. cost control. procurement and cost control. approve or do anything under a Trade Contract which may alter the cost of the Project by more than the amount stated in the Contract Particulars.98 Model services are set out in Annex A to this Guide. Annex B to this Guide provides a checklist of items that may be required. Page 12 CM/G f The Joint Contracts Tribunal Limited 2008 . or the ability of the Construction Manager in administering the Trade Contract to give effect to them. Care should be taken to ensure that there is no overlap between the services to be provided by the Construction Manager (Schedule 5) and those to be provided by the Cost Consultant. One of the services required to be provided by the Construction Manager during this phase of the Project is to organise and manage the site. access roads. would impose an important limitation upon his powers whereby he may not without the approval of the Employer instruct. if adopted. The Construction Manager is empowered and is required to act as the Employer’s agent in relation to the Trade Contracts but the model conditions (Annex A). design development. Annex C to this Guide provides a model of such services. This means. Key tasks during this phase of the Project include preparing the Project Brief. which will vary depending upon whether or not the Employer has appointed (or intends to appoint) a Cost Consultant as part of the Consultant Team. divided between the Pre-Construction Period and the Construction and Post-Construction Periods (Part 1). Where there is a limit on the Construction Manager’s authority it does not affect existing entitlements of the Trade Contractors. which are considered under the headings of cost planning. For the Pre-Construction Period the services are considered against the heads of establishing the Employer’s requirements. as the Principal Contractor. fire fighting equipment and a labour force for general site cleaning duties. care should be taken to avoid duplication with the sundry items treated as Reimbursable Costs as set out in Part 3 of Schedule 1. identifying some of the additional services which the Employer may instruct the Construction Manager to perform – at an additional cost. The cost of providing the Site Facilities listed in this schedule forms part of the Reimbursable Cost. There is also Part 2. accounting and records. Statutory Requirements. The Contract Particulars provide for the insertion of such amounts where required. compliance with CDM requirements). For the Construction and Post-Construction Periods the services are considered against the heads of setting out. management of Trade Contractors (including. coordination and information control. If the model is used it should be amended accordingly so as to properly reflect these requirements. hoardings. that if the Employer has consented to the instruction of a particular Variation. and it is for the Parties to ensure that the services to be provided properly reflect the requirements of the Employer and the Project. for example. cost planning. to stand as conclusive evidence as to certain matters. It is envisaged that an Information Release Schedule may also be provided. The Articles set out either the Trade Contract Sum (Article 2A) or (for cases where the Works are to be remeasured) the Trade Contract Tender Sum (Article 2B). Facility also exists to identify any Trade Contractor’s Designed Portion. adjudication is always available and the option exists for the Parties to agree that disputes should. save in relation to such matters as practical completion of the Trade Contractor’s work and the indemnity to the Employer for lateness. together with its relevant documents (i. if necessary. The Recitals are therefore primarily concerned with identification of the various documents in which particulars of the Works are to be found and which contain financial details. but if this selection is not positively made within the Trade Contract Particulars the default provision is that final resolution of disputes will. CDM Co-ordinator. Principal Contractor and Consultant Team Leader. Trade Contract – Articles of Agreement 109 Like the Construction Management Appointment. 110 111 112 113 114 115 Trade Contract – Conditions Section 1 – Definitions and Interpretation 116 117 The format and content of this section largely follows that of SBC 2005. In completing the Trade Contract Particulars care must be taken in relation to the definition of Sections and the relevant Completion Periods. the Completion Period for each Trade Contract whether for the Trade Contractor’s Works as a whole or for such Works in a particular Section will differ depending upon the nature of the works that he is undertaking. Dependent on the manner in which the Works are defined. Employer’s Requirements. these may include a schedule of drawings. be a matter for the courts. the Trade Contract Particulars (Parts 1 and 4) and an Attestation clause. meaning that for each Trade Contract the Sections should be the same. The Trade Contract is for the execution of work (as opposed to the provision of a management service). Clearly. Provision is made for the Final Certificate. as previously referred to under the Construction Management Appointment. all of whom are referred to in the Trade Contract. Trade Contractor’s Proposals and TCDP Analysis). the Trade Contractor is directly contracted to the Employer and therefore his roles and responsibilities will be closer to those of a main contractor than a subcontractor. rather than liquidated damages. a specification.e. bills of quantities or work schedules. The provisions for attestation are the standard JCT form. be referred to arbitration (Article 8). unless challenged in the manner required by the Trade Contract. if necessary. in a similar manner to the Final Certificate under SBC 2005 and certain other JCT main contracts. As with the Construction Management Appointment. the Articles. The Sections referred to in the Trade Contract are those into which the Project as a whole has been divided. This is reflected in the terms of the Trade Contract which generally follow the provisions of SBC 2005 rather than those of the JCTsubcontracts.Trade Contract – Specific Provisions 108 In Construction Management. f The Joint Contracts Tribunal Limited 2008 CM/G Page 13 . they also identify the Construction Manager. identifying the Parties and then comprising the Recitals. One of the latter three may form the Priced Document and there may also be a priced Activity Schedule. these follow the standard JCT format. and to revise that programme whenever an extension of time is agreed. Works on site are to commence on the expiry of the notice period stated in item 5 of Part 3 of the Trade Contract Particulars. Once works on site have commenced they must be carried out within the Completion Period for the Works or relevant Section. Acceleration is provided for. and shall give all notices required by the Statutory Requirements’’. omissions and defaults by the Employer and those for whom he is responsible (Employer’s Persons). . Where the Works are likely to be completed before the relevant date for their completion. Where the Trade Contractor fails to complete within the Completion Period for the Works or a Section he has a liability to the Employer in respect of any direct loss and/or expense suffered by the Employer as a consequence. it is important that the provisions of clause 4?12 or 4?14 (in relation to withholding notices) are complied with. The Rectification Period runs from the date of practical completion of the Works until 6 months (unless otherwise stated) from the date of the Project (or Section) Completion Certificate. The Trade Contractor is required to provide copies of his master programme as soon as possible after the execution of the Trade Contract. The Trade Contract Documents may contain bills of quantities. carry out and complete the Works in a proper and workmanlike manner and in compliance with the Trade Contract. Additionally. Delay caused by other Trade Contractors would fall into this category. the Trade Contractor must be sent a copy of any Section Completion Certificate or Project Completion Certificate when they are issued by the Construction Manager under the Construction Management Appointment. The Trade Contractor is entitled to an extension of time in similar circumstances to a main contractor under SBC 2005. The earliest and latest dates for starting work on site are those stated in item 7 of that part. any errors or unstated departures from that method of measurement are to be corrected and treated as a Variation. and reasonably in accordance with the progress of the Project or any relevant Section. and those bills may relate to some or all of the Works. . and the procedure to be followed is similar to that in SBC 2005 with the decision as to the Trade Contractor’s entitlement being made by the Construction Manager. but practically speaking can only be achieved where there is a substantial measure of agreement between the Parties as to what can be achieved and the financial consequences. Upon practical completion of the Works (or any Section) the Construction Manager is required to issue a certificate to that effect. those relating to the Trade Contractor’s Designed Portion. where the requirement is not identified. There is however an option to limit the Trade Contractor’s liability for delay. There is no requirement for issue of a non-completion certificate but. In comparison with the 2002 edition of the Trade Contract the number of Relevant Events has been reduced. To the extent that the Works are defined by bills of quantities the bills are required to have been prepared in accordance with a specified method of measurement. the Construction Phase Plan. and other Statutory Requirements. the date for the provision of information is gauged by reference to the regular progress required in order to achieve completion in the Completion Period. principally through the inclusion of a single Relevant Event dealing with acts. Where the Trade Contractor is entitled to further information in order to construct the Works that information must be provided to him by the Construction Manager either by the dates set out in any Information Release Schedule or. where applicable.Section 2 – Carrying out the Works 118 The Trade Contractor’s primary obligation is set out in clause 2?1 which requires that he ‘‘. 119 120 Clauses 2?2 and 2?3 then set out the applicable standards to which the Works must be undertaken including. where the Employer’s losses are intended to be withheld from a payment otherwise due to the Trade Contractor. There are no liquidated damages. The detailed procedure governing submission of an Acceleration Quotation are contained in Part 1 of Schedule 2. at the time that it is reasonably required having regard to the progress of the Works. During this period the Trade Contractor is obliged to make good defects or shrinkages appearing in the Works which arise from 121 122 123 124 125 126 127 128 Page 14 CM/G f The Joint Contracts Tribunal Limited 2008 . so such loss and/or expense may include not only such sums as the Employer becomes liable to pay to the Construction Manager and other Trade Contractors as a result of the delay but also such other reasonably foreseeable losses as the Employer may incur as a consequence. e. for example. When this obligation has been complied with the Construction Manager is required to issue a Certificate of Making Good. Provided that the Construction Manager is empowered to issue the instruction under the Conditions (as would be the case with. e. the expenditure of 130 131 132 133 135 136 137 f The Joint Contracts Tribunal Limited 2008 CM/G Page 15 . In the case of any sub-contracting. Henry Boot (Scotland) Ltd. In completing the design for the Works. for example. failure by the Employer to adequately protect the Works or any act or default of the Employer and those for whom he is responsible (i. access to premises and the payment of interest) that must be contained in any sub-contract. it is the Construction Manager’s consent that is required to any sub-contracting of construction work. including the Construction Manager and other Trade Contractors). Where there is a Trade Contractor’s Designed Portion the Trade Contractor is required to undertake any design work to the standard expected of an appropriate professional consultant such as an architect or consulting engineer.g. the Trade Contractor should ensure that the consent comes from the Employer or that he has otherwise approved it. the Trade Contractor is not required to take responsibility for either the contents of the Employer’s Requirements or for verifying the accuracy of any design they contain (clause 2?12?2) but this position is subject to clause 2?16. If no sum is inserted in the Trade Contract Particulars then the Trade Contractor’s liability in respect of these matters will be unlimited. If however the Trade Contractor does identify a deficiency in the Employer’s Requirements and that deficiency has not been addressed by the Trade Contractor’s Proposals. Each Trade Contract will have its own Certificates of Making Good. It should be noted that these provisions are only applicable to acts under the Trade Contract meaning that. loss of profit and other consequential losses arising from a breach of his design obligations to a sum identified in the Trade Contract Particulars.a failure on his part to comply with the Trade Contract. 129 Because practical completion of the Works by any particular Trade Contractor may occur some time before Project (or Section) Completion the Employer is responsible for protecting the Works once practical completion has occurred. although there is a procedure for confirmation of oral ‘‘instructions’’. it is possible (except to the extent the contract relates to dwellings and the Defective Premises Act 1972 applies) to limit the Trade Contractor’s liability in respect of loss of use. Clause 6?10 requires the Trade Contractor to take out Professional Indemnity insurance in respect of his design liabilities. where an action is specifically stated to be that of the Employer. then the Employer’s Requirements are to be modified accordingly and the modification is to be treated as a Variation. If the Parties wish. meaning that the Trade Contractor is not reliant upon the performance of other Trade Contractors for release of his retention money or agreement of his final account. Variations. approval of sub-contracting of any design work. although this also is not to be unreasonably delayed or withheld. Equally. This provision is intended to counter the possible implications of the 2002 case of Co-operative Insurance Society Ltd v. The Trade Contractor’s obligation in respect of defects excludes matters occurring thereafter that are the consequence of fair wear and tear. The only exception to this is where the deficiency relates to a divergence from the Statutory Requirements. the Construction Manager is not authorised to vary the terms of the Trade Contract itself or enter into other contracts on behalf of the Employer. appointed directly by the Employer and not undertaking any construction work. materials on site. the Trade Contract also stipulates certain conditions (in relation to termination. The Construction Manager has power to issue instructions in relation to the integration of the Trade Contractor’s Designed Portion with the design of the Works and the Project. in which case it is not treated as a Variation unless the Statutory Requirements have changed since the Base Date (clause 2?16). Section 3 – Control of the Works 134 Except where otherwise stated in the Trade Contract the Construction Manager has full authority to act on behalf of the Employer under the Trade Contract and the Trade Contractor is entitled to assume that any act of the Construction Manager under the Trade Contract has been authorised by the Employer. Where there is a Trade Contractor’s Designed Portion the Trade Contractor must provide as-built drawings (in addition to any information he may be obliged to provide under the CDM Regulations for the health and safety file) and also grant a licence to the Employer to copy and use the Trade Contractor’s Design Documents for specified purposes. Where the Construction Manager issues instructions these must be in writing. On the other hand. Provision is made for fluctuations. the Construction Manager has similar options open to him as an architect under SBC 2005. The Trade Contract reflects the Housing Grants. should the Parties so agree (see the Trade Contract Particulars and Schedule 6. Where no Retention is deducted then provision is made for a retention bond to be provided by the Trade Contractor.provisional sums. Retention is not mandatory. by agreement. a fair and reasonable price. the Construction Manager provides other attendances these are to be paid for by the Trade Contractor (to the Employer) at either an agreed price stated in the Trade Contract Particulars or. such documents as are necessary for calculating the Final Trade Contract Sum. opening up and testing. If. subject to some limited exceptions. identified by the Trade Contract Particulars. within 3 months of practical completion of the whole of his Works. adjusted for Variations (the ‘Adjustment Basis’) or by measurement and valuation of the work executed (the ‘Remeasurement Basis’). and issues it in writing then. with Interim Certificates being issued by the Construction Manager within 14 days of either the date for application for interim payment or the achievement of an identified stage.). the right to instruct the removal of the defective works from site and the right to accept the defective work. the detailed provisions for which are contained in Schedule 7 and also in Part 4 of the Trade Contract Particulars where formula fluctuations apply. The rules governing the holding and release of the Retention by the Employer follow the format adopted by SBC 2005. In either case the final amount paid to the Trade Contractor is the Final Trade Contract Sum. Once issued the final date for payment is 14 days later. Construction and Regeneration Act 1996. with express provision for payment and withholding notices and also the right to suspend work in the event of nonpayment. which fall to be applied to payments in accordance with the relevant statutory provisions. payment is subject to the provision of an advance payment bond if the Trade Contract Particulars state that that is required (a form for which is set out in Schedule 6. The attendances to be provided free of charge by the Construction Manager are to be agreed and detailed in the Trade Contract Particulars. Section 4 – Payment 140 As identified by the use of either Article 2A or Article 2B the Trade Contractor can be paid on the basis of either a lump sum (possibly incorporating bills of quantities). Should the Trade Contractor fail to comply with an instruction within 7 days of a notice from the Construction Manager requiring compliance the Employer may engage others to comply with the instruction – and any additional costs the Employer may incur as a consequence are taken into account in the calculation of the Final Trade Contract Sum. Part 1). these will normally form part of the Site Facilities to be provided under the Appointment. where that is the case. The final account for each Trade Contract is prepared separately. allowing ‘‘tax’’. Part 2). whether as a result of instructed opening up and testing or otherwise. Where suspension occurs the Trade Contractor is entitled to both an extension of time and the reimbursement of any loss and/or expense incurred as a consequence. Provision is made for payment in respect of materials on site and also Listed Items of off-site materials. The contract no longer makes detailed provision in relation to the CIS or VAT. Interim payments are made on the basis of either stage payments or interim valuations (depending on the option selected in the Trade Contract Particulars). and the Parties are able to agree what percentage (if any) is to be retained. Part 3). but make a financial adjustment within the final account. ‘‘full’’ and ‘‘formula’’ fluctuations to be applied in interim valuations. These include the right to instruct reasonable further opening up and testing. From receipt of these documents the Construction Manager then has 3 months to prepare and send to the Trade Contractor a 139 141 142 143 144 145 146 147 Page 16 CM/G f The Joint Contracts Tribunal Limited 2008 . In deciding whether any further opening up and testing is reasonable regard should be had to the Code of Practice set out in Schedule 4. Payment in respect of such items may be subject to the provision of an off-site materials bond (see Schedule 6. 138 Where work has been found not to be in accordance with the Trade Contract. with the Trade Contractor required to send to the Construction Manager. if none has been agreed. the instruction must be complied with by the Trade Contractor. Both the application date and the stages are identified in (or by) the Trade Contract Particulars. postponement of the Works etc. An advance payment may be agreed. Damage and Insurance 152 Clauses 6?1 and 6?2 contain indemnities from the Trade Contractor to the Employer similar to those given by the Construction Manager under the Appointment in relation to claims made against the Employer in respect of death. should not be required when it is clearly not relevant. and on the terms.provisional calculation of the Final Trade Contract Sum. personal injury or damage to property (other than the Project and Site Materials). Within 2 months of the later of the expiry of Rectification Period. Section 6 – Injury. there is the Variation Quotation procedure under clause 5?3 and Schedule 2. stated in the Trade Contract Particulars. whereby the valuation is required to be consistent with the values set out in the TCDP Analysis and include for the omission or addition of relevant design work. These recognise that cover (where required for those types of claims) is generally available only in an aggregate annual amount and not (as under the policy generally) for an amount per claim or series of claims arising out of a single event. omissions and defaults of the Construction Manager and other Trade Contractors. Where the Trade Contractor has sub-contractors the Joint Names Policy in respect of the Project is required either to provide recognition of each sub-contractor or to include a waiver of the insurer’s rights of subrogation against them in respect of loss or damage caused by Specified Perils. This covers acts. 148 Provisions in relation to loss and/or expense generally follow those in SBC 2005 in that the list of Relevant Matters is shortened by a general ground of impediment. Details of the cover to be provided and the extent to which the Trade Contractor is to be named as an insured are set out in Schedule 3.e. is subject to it being available at commercially reasonable rates. The Trade Contract Particulars also provide for separate optional covers both for pollution and contamination claims and for asbestos and fungal mould. prevention or default on the part of the Employer or Employer’s Persons. Alternatively. the Construction Manager is required to issue the Final Statement in relation to the Trade Contract. There are separate rules for valuations in respect of a Trade Contractor’s Designed Portion (whether on the Adjustment Basis or Remeasurement Basis). There is no similar requirement in respect of the Joint Names Policy for any existing structures. and should it not be available at such rates the Trade Contractor is required to notify 150 151 153 154 155 156 f The Joint Contracts Tribunal Limited 2008 CM/G Page 17 . a change to either the Works that the Trade Contractor is required to undertake or the manner in which he is required to undertake them) and generally is either to be valued as a Variation (if the Adjustment Basis applies) or taken into account in the Construction Manager’s remeasurement and valuation of the Works (where the Remeasurement Basis applies). Part 2. These indemnities are supported by an obligation upon the Trade Contractor to take out and maintain liability insurances. Certain of those risks may not be relevant in every case and. to the limits of cover that are required by either legislation (as employer) or the Trade Contract Particulars. Site Materials and any existing structures (which include parts of the Project which the Employer has taken over) rests with the Employer who must take out Joint Names Policies. Where there is a Trade Contractor’s Designed Portion the Trade Contractor is under an obligation to take out and maintain Professional Indemnity insurance for the amount. The Trade Contractor’s obligation to maintain the insurance by renewing it. Section 5 – Valuation of Work and Variations 149 Variation has the same meaning as in SBC 2005 (i. the issue of the Certificate of Making Good or last such Certificate (where there are Sections) or the issue by the Construction Manager of statement of the calculation of the Final Trade Contract Sum. Responsibility for insuring the Project. setting out the Final Trade Contract Sum. Section 6 contains the relevant definitions required to interpret Schedule 3. amounts paid and the amount due to or from the Employer (as the case may be). Site Facilities. as stated in relation to the Trade Contract Particulars. If Terrorism Cover is withdrawn by the insurer after it has been effected the Employer has the option of either terminating the Trade Contractor’s employment under the Trade Contract or electing to continue with the Project and carry the cost of restoring any Works damaged by terrorism. The Valuation Rules are similar to those in SBC 2005. These terms concern the extent of indemnity provided and the period for which the insurance is required to be maintained. fails to remove defective work or materials when instructed. Additionally. Third Party Rights and Collateral Warranties 157 158 159 Clause 7?1 provides that assignment of the Trade Contract (by either Party) requires the written consent of the other. Section 9 – Settlement of Disputes 165 The dispute resolution provisions of the Trade Contract are substantially the same as those in the Construction Management Appointment. Section 7 – Assignment. may be given within a reasonable time following a repeat of the notified default. as can the Trade Contractor where he terminates for the Employer’s breach or insolvency or if the Employer discontinues the Project or is responsible for prolonged suspension through loss or damage by a Specified Peril.and consult with the Employer. Any notice of termination is required to be given within 10 days from the expiry of the warning notice or. Purchasers and Tenants (see Schedule 5). fails to comply with his obligations in relation to the CDM Regulations or suspends the carrying out of the Works for a specified period. fails to proceed regularly and diligently. Tenants and Funder are conferred either by means of third party rights utilising the Contracts (Rights of Third Parties) Act 1999 or by giving collateral warranties. As under the Appointment rights for Purchasers. Guarantees. 161 162 163 164 Page 18 CM/G f The Joint Contracts Tribunal Limited 2008 . if not given then. fails to obtain the Employer’s consent to sub-contracting. obstructs the issue of a certificate. terminate his employment within 10 days of the expiry of that notice if the Employer defaults in making payment. Similarly. . and depend upon the reasons for the termination. An optional provision (selected by an entry in the Trade Contract Particulars) requires the Trade Contractor to provide a performance guarantee from either an approved surety or any parent company. Where third party rights or collateral warranties have been granted this obligation to notify and consult also extends to Funders. Either Party may choose to terminate the Trade Contractor’s employment where the Works are suspended for a substantial period due to a specified cause. the Trade Contractor’s employment can be terminated if he suspends the carrying out of the Works without reasonable cause. on 14 days’ warning notice. The Employer has a right to immediately terminate the Trade Contractor’s employment if the Trade Contractor is insolvent or commits an act of corruption. The financial consequences of termination are also dealt with in section 8. and additionally the Employer may terminate the Trade Contractor’s employment if he decides at any point not to continue with the Project. bar minor consequential changes these are substantially in the terms of SBC 2005 and JCT Warranties CWa/P&T and CWa/F and only differ slightly from those given by the Construction Manager. Section 8 – Termination 160 Section 8 contains provisions whereby the Trade Contractor’s employment under the Trade Contract may be terminated. save that: . the relevant contractual provisions continue to apply after the termination. assigns the Trade Contract without the Employer’s consent or fails to comply with his obligations under the CDM Regulations and fails to remedy the default within 14 days of receipt of a warning notice from the Construction Manager. the Employer is required to ensure that each Trade Contract is entered into on the same basis. beyond the control of either Party.e. TCWa/P&T or TCWa/F). the Trade Contractor has the right to terminate his employment immediately if the Employer is insolvent and may also. where the arbitration option applies under the Appointment. As it is only the employment which is terminated. Where the Employer terminates other than on the ground of prolonged no-fault suspension or discontinuance of the Project he can recover the loss and/or damage that he suffers as a result. The rights conferred are those set out in Schedule 5 (Third Party Rights) or in the relevant standard form of collateral warranty (i. assigns the Trade Contract without consent. where a dispute concerns whether or not an instruction for further opening up and testing was reasonable in all the circumstances any adjudicator must either be technically experienced in the specialist area under consideration or obtain advice from an independent expert in that field. Schedule 2 – Acceleration Quotation and Variation Quotation 174 175 Schedule 2 contains the procedures to be followed for both Acceleration Quotations (Part 1) and Variation Quotations (Part 2). where specifically requested. Upon receipt of such a notification the Construction Manager may either confirm or withdraw the comment. the format and content of the Schedules is similar to that of SBC 2005. if the Construction Manager wishes to accept the quotation. Unless the Trade Contractor follows this procedure. after a specified period. It is intended to allow the Construction Manager and relevant Consultants the opportunity to review and comment upon the compliance of those designs with the Trade Contract. By Part 2. To ensure compliance with this procedure. The quotation itself is to separately identify the cost and time effects of executing the Variation. Additionally. If requested. the Trade Contractor remains responsible for ensuring that the Design Document and the Works are in accordance with the Trade Contract. he must. notify the Construction Manager that he considers compliance with the comment would give rise to a Variation. a Variation Quotation is to be submitted within 21 days of receipt of an instruction which contains sufficient information to allow a quotation to be submitted. By Part 1. Where the Construction Manager confirms a comment. his compliance with a comment will not be treated as giving rise to a Variation. Where a document is marked ‘A’ the Trade Contractor may proceed and execute the Works in accordance with that document. the quotation should also identify the resources and methods that will be used in executing the work contained in the Variation. and his written comments must identify why he considers this to be the case. Where the Construction Manager does not return a Design Document. but must resubmit an amended document reflecting the comments or. the Trade Contractor is not entitled to be paid for any work unless it is carried out in accordance with a Design Document that is marked ‘A’ or ‘B’. and it is then to remain open for acceptance for a further 7 days. ‘B’ or ‘C’. he must do so by means of a Confirmed Acceptance issued within that period. Where the document is returned marked ‘C’ the Trade Contractor may not proceed with the Works. whether it actually gives rise to a Variation will remain to be determined by reference to the provisions of the Trade Contract. Where it is marked ‘B’ the Trade Contractor may proceed with the Works provided that he has regard to the comments made and resubmits a revised copy of the document reflecting those comments. any Acceleration Quotation prepared by the Trade Contractor is required to detail costs and programme effects and contain sufficient supporting information to allow it to be evaluated by the Construction Manager. The only reason that the Construction Manager may mark a Design Document ‘B’ or ‘C’ is that it is not in accordance with the Trade Contract. Each Design Document prepared by the Trade Contractor is required to be submitted for review and in undertaking that review the Construction Manager is required to mark each document ‘A’. even where a Design Document is marked ‘A’. the quotation is required to identify the additional resources that will be used to achieve the acceleration. Schedule 1 – Trade Contractor’s Design Submission Procedure 167 This procedure applies where there is a Trade Contractor’s Designed Portion and he is required to produce Design Documents. 168 169 170 171 172 173 176 177 f The Joint Contracts Tribunal Limited 2008 CM/G Page 19 . subject to any modification in or unless disapplied by the Trade Contract Documents (clause 2?8?3). it is deemed to have been marked ‘A’. if he disagrees with the Construction Manager’s comments and considers the document is in accordance with the Trade Contract.Schedules 166 With limited exceptions. It should be noted that. and also any loss and/or expense that would be incurred. other than by agreement. within 7 days of receiving the comment. It is not open to the Construction Manager to accept only part of an Acceleration Quotation. Once submitted the Acceleration Quotation is required to remain open for acceptance for 14 days and. then. the Valuation Rules will apply and any consequent entitlement to extension of time and loss and/or expense will be determined in accordance with the Trade Contract. the Construction Manager must accept the quotation as a whole (e. Additionally the Employer is required to extend cover to the Trade Contractor as joint insured in respect of any loss or damage occurring after practical completion but prior to the issue of any relevant Certificate of Making Good where the loss or damage arises either as a consequence of a cause occurring prior to practical completion of the Works (or such works in the relevant Section) or is occasioned by the Trade Contractor while rectifying defects. Neither the Construction Manager nor the Employer may use the Trade Contractor’s quotation for any other purpose unless it has been accepted. where there are Sections. a Bond in respect of payment for Off-site Materials and/or Goods (Part 2) and a Retention Bond (Part 3). Page 20 CM/G f The Joint Contracts Tribunal Limited 2008 . The Trade Contractor’s interest as a joint insured then continues until the issue of the certificate of practical completion of the Works. Schedule 3 – Insurance 179 180 181 182 This schedule contains details of the insurance policies to be taken out by the Employer in respect of any existing structures and the Project. Schedule 5 – Third Party Rights 187 188 This schedule sets out the third party rights that are granted to Purchasers and Tenants (Part 1) and Funders (Part 2) where clauses 7A and 7B apply. Where there are existing structures the Employer is required to take out a Joint Names Policy in respect of damage caused by Specified Perils. provided that it was prepared on a fair and reasonable basis. Purchaser or Tenant are substantially the same as those given by the Construction Manager.178 Where the Construction Manager wishes to accept the quotation he does so by means of a Confirmed Acceptance.e. the insurer will not be able to exercise any rights of subrogation against him) until either the issue of the Project Completion Certificate or. Where an Acceleration Quotation or Variation Quotation is not accepted the Trade Contractor is entitled to be paid his fair and reasonable cost of preparing the quotation. it is not open to the Construction Manager to value the Variation by reference to parts of the quotation.e. Provisions exist whereby the Trade Contractor can verify the existence of the various Joint Names Policies and take action to protect his position should the Employer be in default. In respect of the Project a Joint Names Policy for All Risks Insurance is required for the full reinstatement value (including professional fees) of the Project and the replacement value of Site Materials and Site Facilities. Schedule 4 – Code of Practice 183 184 185 186 This schedule sets out the matters to be taken into consideration in determining whether an instruction requiring opening up or testing after the discovery of non-compliant works is fair and reasonable. Again.g. If the Variation is to be carried out. the Construction Manager must confirm whether he wishes the Variation to be carried out or not. Both Parties should be careful to recognise that All Risks Insurance is a defined term. i. he may not simply accept the value of the Variation without also accepting any parts of a quotation that deal with the effect of the Variation upon time or loss and/or expense). the relevant Section Completion Certificate. If the quotation is not accepted. The Trade Contractor is to be a joint insured (i. unless the Trade Contractor agrees otherwise. The rights given by a Trade Contractor to a Funder. Schedule 6 – Forms of Bonds 189 Schedule 6 contains the standard JCT wording agreed with the British Bankers Association for an Advance Payment Bond (Part 1). and that the degree of cover (and exclusions) required by that definition are such that not all risks are covered. Schedule 7 – Fluctuations Options 190 Schedule 7 contains the detailed provisions necessary to operate the fluctuations options. The Parties should ensure that the Priced Document contains the information necessary to operate these rules. especially as regards the treatment of specialist trades. where one of these is selected by means of the Trade Contract Particulars. 191 f The Joint Contracts Tribunal Limited 2008 CM/G Page 21 . reference is made to Part 4 of the Trade Contract Particulars (which contains certain detailed provisions) and also to the JCT Formula Rules. The three options offered are contribution levy and tax fluctuations (Fluctuations Option A). Where Fluctuations Option C is selected. labour and materials and tax fluctuations (Fluctuations Option B) and formula adjustment (Fluctuations Option C). Care must be taken to ensure that the services do not conflict with the Conditions or the other Schedules. advise upon methods of working. with particular reference to compliance with safety requirements and the revisions and updates of the Construction Phase Plan and the other obligations of the Principal Contractor. the Consultant Team. Alternatively. Establishing the Employer’s Requirements 2?2 ? ?1 Within a reasonable period from receipt of the Employer’s Initial Brief submit detailed comments and advice to assist the Employer in identifying and defining the Employer’s objectives and requirements and in preparing the Project Brief (where such Brief is required). recommend economies in buildability. Deletions or variations will be needed where a Cost Consultant is appointed. depending on the date of the Construction Manager’s appointment. and similarly in regard to documentation being prepared for the Trade Contracts. cost and time that are consistent with the Employer’s objectives and requirements as given in the Employer’s Initial Brief and with sound construction practice. regularly review and comment upon the design and the progress of the Project Drawings. Part 1: Services Pre-Construction Period 2?1 ? The Construction Manager shall supply the services set out at paragraphs 2?2 to 2?7 during the PreConstruction Period and thereafter as necessary. Advise on the strategy adopted or to be adopted for the procurement and for the carrying out and completion of the Project. it may be preferable to use a bespoke document that contains those services and refer to this in Schedule 5. ?2 ?3 ?4 ?5 Page 22 CM/G f The Joint Contracts Tribunal Limited 2008 . any other relevant drawings and the Project Specification and (where the Construction Manager is not the Principal Contractor) on the Principal Contractor’s Construction Phase Plan. advise upon the selection.Annex A Model Schedule 5 – Construction Manager’s Services Introduction 1?1 ? The services set out are a model only of the services that may be required from the Construction Manager. some of the services in the model may already have been provided by consultants previously appointed by the Employer. building systems and equipment and alternative design solutions. the Construction Manager shall: ?1 attend such meetings as the Consultant Team Leader considers necessary and arrange such meetings as he considers necessary with the Employer. including drawings and specifications. availability and price of materials and goods. depending on the services to be provided under Schedule 7. manage and instruct any specialist inspection agencies that may be required. If this model is to be used the services will need to be modified to meet particular requirements. Advise on the selection of. the CDM Co-ordinator and any proposed Trade Contractors who are to provide a design service. methodology. which is the primary responsibility of the Consultant Team. For example. ?2 ?3 Design Development 2?3 ? During the design process. Alterations required to the printed text must be clearly shown and initialled by the Parties. where considerable changes to the model would be required. Following consultation with the Consultant Team. exploration works. lead times and key milestones agreed with the Employer. consider and assist in the preparation and agreement with the Employer and those consultants of the Project Cost Plan. alternative proposals. advise on all aspects of added value and buildability in relation to the proposed design for each element of the Project. where found. mains diversions and connections and the like and. prepare in liaison with the Consultant Team a detailed week by week programme which lists all Trade Contracts identified in the Project Cost Plan and shows how the execution of the Project is to be achieved. mock-ups. agree and append his signature to the Project Cost Plan prepared by the Cost Consultant. As agent for the Employer monitor compliance with the Statutory Requirements by all Trade Contractors and verify that all necessary approvals have been obtained and advise accordingly. advise on the feasibility of construction tolerances and suggest any changes to design which could be made with a view to reducing the incidence of labour disputes. advise on the need for pre-construction works e. prepare and obtain the agreement and signatures of the Employer and the Consultant Team to the Project Cost Plan and append his own signature. construction techniques. ensure that the arrangements made on these matters comply with their requirements to the benefit of the Project. ?2 ?3 Programming ? 2?6 ?1 ?2 Where required by the Employer. Cost Planning 2?4 ? ?1 Together with the Employer and the Consultant Team. Advise the Employer on the need to place orders with Statutory Undertakers and thereafter manage the implementation of the work. in any preliminary information issued for comment or in the information issued for construction purposes. ?3 f The Joint Contracts Tribunal Limited 2008 CM/G Page 23 . Where there is a Cost Consultant. ?8 ?9 ?10 advise the Employer and cooperate with the Consultant Team on the measures necessary to satisfy the Statutory Requirements (other than planning permission) and their cost implications and suggest. equipment and materials. advise on any inconsistencies. traffic restrictions. services. clearly identifying the Sections. the critical path. tests on components. In particular the Construction Manager should: ?1 ?2 ?3 ?4 ?2 ?3 obtain budget costs of systems. where possible. assemblies. Obtain the agreement and signatures of the Employer and the Consultant Team to the Project Programme and append his own signature. Statutory Requirements ? 2?5 ?1 Liaise with local authorities and Statutory Undertakers in connection with road closures. As soon as it is practicable but in any event before any tenders are invited for any Trade Contract. advise on current pricing levels and trends in the area of the Project.g. evaluate costed alternative materials. define the Sections into which the Project is to be divided. prepare a cash-flow forecast for the Project. and installation methods. hoardings.?6 ?7 advise upon the proposed requirements for Trade Contractors to carry out off-site design and off-site manufacture of components for incorporation in the Project. Where a Cost Consultant is not appointed. prepare the Project Programme. by managing the process. Incorporate in such drawing and information release schedules design approval procedures that allow the Construction Manager and the Consultant Team to comment within a reasonable period of receiving such information and a provision for information to be available for a reasonable period before it is required by a Trade Contractor. Prepare in consultation with the Consultant Team lists of suitable contractors from whom tenders may be invited for each Trade Contract. As appropriate. updating or adaptation.?4 As soon as it is practicable and in any event before tenders are invited for any Trade Contract. and such other factors that may be reasonably necessary to secure the interest of tenderers in providing competitive tenders. cost and (where relevant) public procurement requirements. Trade Contractors’ detailed programmes or changed circumstances. scopes of works. update and adapt the Project Programme in liaison with the Employer and the Consultant Team as necessary to reflect further information. When appropriate. Expand. the scope of the work. Open all tenders received in the presence of the Employer and Consultant Team. or if the Construction Manager and the Consultant Team Leader cannot make a joint recommendation. drawings. bills of quantities and specifications and procure or prepare such pricing schedules. programmes. interview. health and safety documentation and site rules as are necessary to obtain competitive tenders from Trade Contractors. in conjunction with the Consultant Team. ?2 ?3 ?4 ?5 ?6 Page 24 CM/G f The Joint Contracts Tribunal Limited 2008 . Check for adequacy. setting out their respective recommendations and their reasons. Provide to the Employer and to the Consultant Team a tender report in tabulated form recording the tenders received. inter alia. prepare drawing and information release schedules giving dates for the release of information by the Consultant Team and by Trade Contractors to the Consultant Team and showing. Analyse. procurement periods for major items of materials and equipment. Advise and agree with the Employer an appropriate tender list and obtain references and appraise the resources of each proposed tenderer. Interview. Advise the Employer and the Consultant Team at meetings and in writing of the implications of such expansion. as appropriate to resolve any matters raised by the analysis and to consider possible economies. Trade Contractors’ detailed programmes or changed circumstances. Obtain from the Consultant Team tender designs. Consider with the Employer whether the Trade Contract (CM/TC) or a Special Trade Contract is to be used. together with the Employer and Consultant Team. the tenders received and issue to the Employer a written report agreed with the Consultant Team setting out the analysis of the tenders and recommending a contractor with whom the Employer should enter into a Trade Contract. Expand. consistency and completeness. in conjunction with the Consultant Team where appropriate. after agreement with the Consultant Team. prepare in liaison with the Consultant Team and the Employer a tender events schedule giving earliest start and anticipated finish dates for each trade element given in the Project Cost Plan. the duties and functions of the Construction Manager (as agent for the Employer under the Trade Contract) and of the Consultant Team. Reproduce and collate the various documents and dispatch the same on behalf of the Employer to the agreed tenderers. quality. Ensure that all work comprising the Project (except work which forms part of the Reimbursable Cost or comes within paragraph 4?1?2 of this Schedule) is included in a Trade Contract. each proposed tenderer to ascertain their suitability and to describe the nature of the Project. Interview tenderers. In agreement with the Consultant Team and subsequently with the Employer. ?5 ?6 ?7 Procurement 2?7 ? ?1 Advise the Employer. on an appropriate division of the Project into various Trade Contracts for execution by Trade Contractors and/or Statutory Undertakers. each tenderer during the tender period to ensure that their tenders will comply with the tender documents. update or adapt the drawing and information release schedules as necessary to reflect further information. make proposals for the acceleration of all or part of any Trade Contract. Agree with the Employer and the Consultant Team the allocation against each Trade Contract in the Project Cost Plan. in consultation with the Consultant Team. Agree with the Employer effective tendering procedures having regard to the time available. quality. Issue instructions and directions to the Trade Contractors as required in writing by or on behalf of the Employer. The Employer shall notify the Construction Manager in writing within 3 clear Business Days of receipt of any reference from the Construction Manager of his approval or disapproval of it. Issue a notice to each Trade Contractor to commence work on site. commissioning and handover. Until the Project Completion Certificate. compliance with CDM requirements) ? 3?3 ?1 Upon receipt of the Employer’s approval of a Trade Contractor’s tender. health and safety. Advise the Employer in consultation with the Consultant Team of any materials or plant which should be ordered by the Employer prior to the placing of the appropriate Trade Contract in order to expedite completion in accordance with the Project Programme.?7 Conduct any negotiations that may be appropriate to finalise the Trade Contracts and arrange for the Employer and Consultant Team to participate as required. highlighting progress. Agree administrative procedures with the Employer for submitting applications and valuations and for resolving any queries arising in connection with them. The Construction Manager shall immediately copy to the Employer. The Construction Manager has no authority to issue any instruction or give any approval or do any other thing pursuant to a Trade Contract which would or might alter the cost of the Project to the Employer by more than the limits set out in the Contract Particulars[2] without first referring the matter in writing to the Consultant Team Leader. as the Principal Contractor. Progress will be reported by reference to design. If the Employer fails to notify the Construction Manager within 3 clear Business Days. procurement. manufacture. construction. it will be necessary to insert the amount of the limits in the Contract Particulars provided for these items. Management of Trade Contractors (including. ?2 ?3 ?4 ?5 [2] If this provision becomes a part of Schedule 5 of the Construction Management Appointment. the Employer shall be deemed to have given his approval. These limits do not apply to existing entitlements of the Trade Contractors or restrict the Construction Manager’s ability to administer the terms of the Trade Contracts so as to give effect to them. Receive and check all applications for payment from Trade Contractors. the Cost Consultant and the Employer. f The Joint Contracts Tribunal Limited 2008 CM/G Page 25 . Prepare in consultation with the Consultant Team the necessary documentation and expedite delivery of the purchased items. Reproduce from suitable originals supplied by the Consultant Team all necessary copies of drawings issued for the purposes of construction and deliver them to such Trade Contractors and Statutory Undertakers as are identified by the Consultant Team. immediately notify the Trade Contractor and make all necessary arrangements for the execution of a Trade Contract and of any other documents. Promptly issue to the Employer (with a copy to the Trade Contractors) all certifications for payment at such times as required by and in accordance with the Trade Contracts. approvals and other things issued or given by him pursuant to a Trade Contract. deeds or bonds required by the tender documents. Provide and deliver further copies of such drawings for the use of the Employer and the Consultant Team. Prepare and collate the Trade Contract documentation for execution by the Employer and Trade Contractors. ?8 ?9 Construction Period and Post-Construction Period 3?1 ? The Construction Manager shall supply the services set out at paragraphs 3?2 to 3?8 during the construction period and post-construction period (in addition to those services he is required to supply during the PreConstruction Period but which remain necessary during either or both of these periods): Setting Out 3?2 ? Procure the establishment of all datums and basic setting out of the Project and generally co-ordinate setting out carried out by Trade Contractors. with his comments. critical issues and proposals for managing them. submit monthly reports to the Employer in consultation with the Consultant Team. achievements. the Consultant Team Leader and the Cost Consultant all instructions. ensure the preparation of valuations as necessary in accordance with the terms of the Trade Contracts and comment to the Consultant Team and Employer. After consultation with the Consultant Team Leader. ?11 Carry out such inspections as are necessary to ensure compliance with the Trade Contracts. where agreed in writing with the Employer). Establish and implement procedures for expediting. ?14 With the assistance of the Cost Consultant. product data and samples and check their conformity with information contained in other related documents and transmit them to the Consultant Team for approval. Expand. Progress. Review Trade Contractors’ methods of working and temporary works with regard to their adequacy and safety. prepare an action/activity schedule of works which may require rectification and provide the Employer and the Consultant Team with proposals for such rectification work. Construction Manager’s instructions) and report and advise on the associated cost and time implications. administration and planning of Trade Contractors’ work. but not limited to. Report to the Employer and the Consultant Team on any expansion. Manage and co-ordinate the work of Trade Contractors. ?12 With the relevant Trade Contractors’ assistance. if appropriate. Inform the Consultant Team of defects in workmanship and/or materials apparent from such inspections and take appropriate action to have such defects corrected in accordance with the instructions of the Consultant Team. and provide monthly written reports of those meetings to the Employer and the Consultant Team Leader. processing and approval. Receive and co-ordinate all shop drawings. Monitor compliance with the CDM Regulations including compliance with the Construction Phase Plan. any extensions of time given under any Trade Contract or any changed circumstances. Make visits as necessary to the premises of Trade Contractors and their suppliers where located in the United Kingdom (or overseas.?6 ?7 Prepare and serve notices where necessary or appropriate in accordance with Statutory Requirements and the relevant provisions of the Trade Contracts. the cost and time implications under other Trade Contracts. collate and assess any Trade Contractor’s claims relating to loss and/or expense. ?8 ?9 ?10 Review and report to the Employer and Cost Consultant on any variations which result from ‘on-site’ considerations (including. including payment notices and withholding notices. Arrange and chair site progress meetings at intervals agreed with the Employer and the Consultant Team. extensions of time or variations and report to the Employer and the Consultant Team Leader. Conduct regular meetings with the Trade Contractors to monitor all aspects of progress both on-site and off-site relevant to the Project Programme and to review all information requirements. control. updating or adaptation of the Project Programme and provide to the Employer and the Consultant ?5 ?6 Page 26 CM/G f The Joint Contracts Tribunal Limited 2008 . including. Supervise the making good of defects and after consultation with the Consultant Team Leader issue the Certificates of Making Good under the Trade Contracts and advise the Employer of their issue. update and adapt the Project Programme as necessary until completion of the Project to reflect the Trade Contractors’ detailed programmes. co-ordination and information control 3?4 ? ?1 ?2 ?3 ?4 Provide all management. tabulate the outcome of the various tests. issue certificates of practical completion in accordance with the Trade Contracts and advise the Employer of their issue. prior to advising the Consultant Team of the programme of testing and witnessing. Manage the commissioning of the Project. Prepare and circulate minutes of such meetings. prepare the necessary commissioning documentation and check that all plant equipment and materials are complete. ?13 Check and approve with the Consultant Team Leader and provide the Employer with a detailed technical specification and drawings showing the Project ‘as built’ and produce bound volumes (with 4 copies of each) of all operating and maintenance manuals and the health and safety file for the Project. Identify and inform the Consultant Team Leader and the Cost Consultant as soon as practicable of any sums to be contra-charged to the Trade Contractors and conduct such negotiations with the Consultant Team Leader and/or the Cost Consultant as may be appropriate in connection therewith and with the Trade Contractors. materials. Expedite and co-ordinate the supply of information to be provided by the Trade Contractors and by the Consultant Team and report to the Employer as necessary but not less than monthly. Report to the Employer on all matters related to the progress and quality of the Project. ?7 ?8 After consultation with Trade Contractors prepare ‘short period’ programmes for use in co-ordinating the work of Trade Contractors. On the issue of payment certificates under the Trade Contracts advise the Employer regarding the CIS. Provide him with copies of such information and documents sent to or received from ?2 ?3 ?4 f The Joint Contracts Tribunal Limited 2008 CM/G Page 27 . Consult with the Consultant Team on any matter which may cause delay to the completion of the Project. immediately advising the Employer and the Consultant Team of any deviations from that plan. good construction practice and the Project Programme. Advise the Employer of any objections the Construction Manager may have to drawings or other information provided by the Consultant Team. control of pollution. update and adapt in conjunction with the Consultant Team the Construction Manager’s drawing and information schedules for the release of information as necessary to reflect the Trade Contractors’ detailed programmes. Prepare and issue a manual of rules and regulations to be observed by all persons on the site. transportation. ?2 ?3 Accounting 3?7 ? ?1 ?1 Collate and check applications for payment from Trade Contractors for compliance with the Trade Contract and after consultation with the Consultant Team Leader. endeavour to keep costs to a minimum consistent with the Employer’s requirements. delivery of goods. In collaboration with the Cost Consultant expedite the verification of the Trade Contractors’ dayworks and agree their value. Expand. delivery and storage of materials ordered by the Employer for the Project. where relevant. Monitor and report to the Employer on actual and anticipated expenditure by the Construction Manager on items of Reimbursable Cost against the Project Cost Plan and immediately advise the Employer and the Consultant Team of any deviation. with the Joint Fire Code). Management of the site ? 3?6 ?1 Organise and manage the site during the Construction Period with regard to the CDM Regulations and all other safety precautions. Assist the Employer to keep proper accounts of all monies expended pursuant to the Trade Contracts. Generally. fire protection (including compliance.Team such information in relation thereto as is reasonably required. ?9 ?10 Advise the Employer and the Consultant Team of any action that it may be necessary for the Employer to take in connection with any of the Trade Contracts or the Trade Contractors. submit the certifications to the Employer for their payment. security (including the restriction of access to the site to authorised persons only). Cost control 3?5 ? Monitor the actual expenditure in connection with the Trade Contractors against the Project Cost Plan and produce reports for the Employer. Establish and maintain a liaison with occupiers of nearby buildings and others to facilitate the uninterrupted progress of the Project. Carry out any further programming exercises that may be agreed with the Employer. maintenance of good personnel and labour/industrial relations. Provide such management services as the Employer may reasonably require in relation to the procurement. Discuss and agree the same with the Employer. extensions of time awarded under any Trade Contract and any changed circumstances. Advise the Employer and the Consultant Team on anticipated expenditure in connection with the Trade Contractors and on any items likely to impact on either the final accounts under the Trade Contracts or the Project Cost Plan. plant and equipment (including that of the Trade Contractors). Keep proper accounts of all expenditure forming part of the Reimbursable Cost. As agent for the Employer obtain as relevant from each Trade Contractor full operating and maintenance manuals and procure ‘record’ and ‘as-built’ drawings as required under the Trade Contracts and all information reasonably required by the Construction Manager as the CDM Co-ordinator or. by the CDM Co-ordinator for the preparation of the health and safety file(s) relating to the Project. Services required as a result of insolvency of a Trade Contractor or in respect of a default by a Trade Contractor not due to any negligence or default of the Construction Manager. arbitration or litigation if necessary. Statutory Undertakers or others which the Employer and the Consultant Team would not otherwise receive. Services in respect of the replacement of work damaged by the occurrence of any event which is the subject of a Joint Names Policy or an Excepted Risk during the Construction Period. Services in relation to work forming part of the Project to be executed by persons who are not Trade Contractors and/or work not forming part of the Project to be executed on the site during the Construction Period by persons who are not Trade Contractors. ?2 Part 2: Additional Services 4?1 ? Subject to clause 5?1 the following additional services shall be provided by the Construction Manager at the Employer’s instruction under clause 2?1?2: ?1 ?2 Settlement of the terms of the Project Brief. as the case may be. including in adjudication. where the Construction Manager is not the CDM Co-ordinator. and signature thereon. Services related to assisting the Employer in pursuing or defending any claim in respect of Trade Contractors. Such services as may reasonably be required by the Employer to secure completion of the Project provided that they are not inconsistent with this Contract. ?3 ?4 ?5 ?6 Page 28 CM/G f The Joint Contracts Tribunal Limited 2008 . ?2 Records 3?8 ? ?1 Maintain complete and accurate records and provide the Employer and the Consultant Team with such copies of correspondence and minutes of meetings as may be necessary and any other documentation issued or sent to the Trade Contractors. and report to the Employer by means of a regular accounts settlement register and obtaining thereafter from each of the Trade Contractors agreement to the relevant interim or final settlement of account.the Trade Contractors and any of the Construction Manager’s sub-contractors at the same time as they are sent or received. ?5 Prepare interim and final statements of account for each of the Trade Contracts. barriers. 1 Determining any levels which may be required for the execution of the Project. maintenance and cleaning of suitable general site offices for the use of the Construction Manager and the Consultant Team. Provision of site drainage. Provision of fire fighting equipment and services. etc. walkways. gantries. within the site. transport and tips to carry out general site cleaning duties and clearance of rubbish. as set out in Part 3 of Schedule 1. Providing Trade Contractors by way of accurately dimensioned drawings with such information as will enable them to set out the Works. Provision of an adequate multi-services labour force and any applicable plant. Care must be taken to avoid duplication with the sundry items treated as Reimbursable Cost. Provision. ramps. tools.Annex B Model Schedule 6 – Site Facilities and Services The Site Facilities and services are a model checklist only for Schedule 6. drying rooms. equipment. and entrances and exits for the site together with site security arrangements. maintenance and cleaning of all facilities for the use of all site staff and workpeople engaged on the Project as are required by the current relevant working rule agreement and any Statutory Requirements including canteens. equipment. Provision of access roads. sanitary accommodation and first aid accommodation. 2 3 4 5 6 7 8 f The Joint Contracts Tribunal Limited 2008 CM/G Page 29 . Provision. footways etc. temporary fencing. Provision of hoardings. electricity and water supplies for general use by Trade Contractors. the Construction Manager and the Consultant Team. Assist. quality and cost. Prepare and complete documents for Trade Contracts. the Preliminary Project Cost Plan and in conjunction with the Construction Manager: ?1 ?2 ?3 ? 2?2 2?3 ? obtain budget costs of system assemblies. the Construction Manager and the Consultant Team and append his own signature to the Project Cost Plan. as required by the Construction Manager. in collating the Trade Contract documentation for execution by the Employer. Initiate and subsequently endorse the tender reports and recommendations prepared by the Construction Manager and the Consultant Team. In conjunction with the Construction Manager. construction techniques and installation methods. Attend pre-tender and tender interviews as required by the Employer and the Construction Manager. evaluate the cost of alternative materials. advise on current pricing levels and trends in the area of the Project. Prepare the Project Cost Plan in conjunction with the Employer. as appropriate. 3?3 ? 3?4 ? 3?5 ? 3?6 ? 3?7 ? 3?8 ? 3?9 ? Page 30 CM/G f The Joint Contracts Tribunal Limited 2008 . Part 3: Procurement 3?1 ? 3?2 ? Assist the Construction Manager in allocating the Project Cost Plan into Trade Contracts. Assist the Construction Manager in consultation with the Consultant Team in preparing lists of suitable tenderers for the Trade Contracts and advise on the form of contract to be used. Assist the Construction Manager in negotiations with tenderers. equipment and materials. bonds and guarantees.Annex C Model Schedule 7 – Cost Planning and Control Part 1: Introduction 1?1 ? The services are a model checklist only for Schedule 7 of the items to be provided by the Cost Consultant. Review tendering documents prior to invitation to tender to ensure that they are complete and reflect the budget cost approved for the Trade Contract. Prepare a cash flow forecast for the Project based on the Project Programme. as relevant. as required by the Construction Manager. third party rights. to finalise the Trade Contract tenders. collateral warranties. advise the Employer of the most effective tendering procedures to be followed having regard to time. If the service is to be provided by the Construction Manager (see the introductory note to Annex A) then Schedule 5 should make such provision and Schedule 7 will not need to be completed. Part 2: Cost Planning 2?1 ? Consider with the Employer. Arrange meetings at monthly intervals. the Construction Manager and the Consultant Team Leader of any deviations therefrom. and as necessary. Prepare monthly cost and progress reports and submit to the Employer. Adjust. the Construction Manager and the Consultant Team Leader to discuss the monthly cost and progress reports and deviations from the Project Cost Plan. advise the Employer and the Consultant Team Leader. Assist the Construction Manager in determining and/or agreeing any additional costs. Monitor actual expenditure on Trade Contracts against the Project Cost Plan and advise the Employer. Monitor actual and anticipated expenditure by the Construction Manager on items of Reimbursable Cost incurred against the Project Cost Plan. the Project Cost Plan to take into account all amendments necessary in respect of the foregoing. Adapt and update the cash flow forecast for each element of the Project. Verify Trade Contract final accounts prior to their agreement by the Construction Manager and the Consultant Team Leader. of any deviation. Assist. in consultation with the Employer. Verify the decisions to be made by the Construction Manager and the Consultant Team Leader on payments to Trade Contractors including for on-site and off-site materials to be certified by the Construction Manager and the Consultant Team Leader. 4?2 ? 4?3 ? 4?4 ? 4?5 ? 4?6 ? 4?7 ? 4?8 ? 4?9 ? f The Joint Contracts Tribunal Limited 2008 CM/G Page 31 . Prepare and circulate minutes of each meeting. in settlement of claims for loss and/or expense by Trade Contractors. as required by the Construction Manager.Part 4: Cost Control 4?1 ? Assist and co-ordinate with the Construction Manager and the Consultant Team in reviewing and reporting to the Employer on proposed design changes and advise on associated costs and time implications on the Trade Contracts and on the progress of the Project. with a copy to the Construction Manager. with the Employer. Appendix A – Table of Destinations Part 1: Construction Management Appointment C/CMA 2002 numbering Recitals First Second Third Fourth Articles Article 1 Article 2 Article 3 Article 4 Article 5 Conditions (Clauses) 1?1 1?2 1?3 1?4 1?5 1?6 1?7 1?8 1?9 1?10 1?11 1?12 1?13 2?1 2?2 1?2 1?3 1?1 3?1 2?13 2?14 2?15 2?16 2?17 6?3?3 1?7 1?6 1?9 2?1 2?3 Article 1 Article 2 Article 3 Article 4 Article 5 First deleted Second Third CM/A 2008 numbering Page 32 CM/G f The Joint Contracts Tribunal Limited 2008 . C/CMA 2002 numbering 2?3 2?4 2?5(a) 2?5(b) 2?6 2?7 2?8 2?9 2?10 2?11 2?12 2?13 3?1 3?2 3?3 3?4 3?5 3?6 3?7 3?8 3?9 3?10 3?11 4?1 4?2 5?1 5?2 5?3 5?4 5?5?1 to 5?5?3 CM/A 2008 numbering 2?4 2?6 2?7 6?12 2?8 2?9?1 3?5 3?5 3?5 3?6 2?2?1 2?2?2 First Recital 2?10 2?9?2 3?1 2?11 3?3 3?2 2?12 3?5 3?6 deleted 7?1 3?4 4?1 4?1 4?2?1 4?2?2 4?3?1 to 4?3?4 f The Joint Contracts Tribunal Limited 2008 CM/G Page 33 . C/CMA 2002 numbering 5?5?4 5?5?5 5?6 5?7?1 to 5?7?3 5?7?4 5?8 5?9 5?10 5?11 6 7?1 7?2 7?3 7?4 7?5 7?6 7?7 7?8 8?1 8?2 8?3?1 8?3?2 Schedules First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule CM/A 2008 numbering 4?4 4?3?5 4?5 4?6?1 to 4?6?4 4?6?5 5?1 5?2 4?7?1 4?7?1 Section 6 and Schedule 2 8?2 8?4 8?4 8?5?1 8?5?2 8?6?1 8?6?2 8?3 1?10 Article 7 Article 6 9?5 First Recital and Contract Particulars Schedule 2 and Section 6 Schedule 1 Schedule 5 and Annex A to Guide Contract Particulars Schedule 6 and Annex B to Guide Contract Particulars Schedule 4 Page 34 CM/G f The Joint Contracts Tribunal Limited 2008 . Part 1 Tenth Schedule. section 2 Seventh Schedule. paragraph 2 6?6?1?2 4?1 and Schedule 1. Adjudication: clause A?2 Eleventh Schedule. paragraph 1?1 Second Schedule. paragraph 1?2 4?2?1?1 9?2?1 9?4?1 f The Joint Contracts Tribunal Limited 2008 CM/G Page 35 .C/CMA 2002 numbering Ninth Schedule Tenth Schedule Eleventh Schedule Appendix (Entries) 1?3 1?3 1?3 2?2 2?5(b) 2?7 3?6?3 5?3 8?2 Second Schedule. Arbitration: clause B?1?1 CM/A 2008 numbering Schedule 7 and Annex C to Guide 9?2 9?3 to 9?9 Contract Particulars 1?1 Part 3 1?1 1?1 6?12 2?9?1 deleted 4?2 Article 6 6?6 and Schedule 2. paragraph 17?2 Third Schedule. Part 2: Construction Management Trade Contract TC/C 2002 numbering Recitals First Second Third Fourth Fifth Sixth Seventh Eighth Articles Article 1 Article 2?1 Article 2?2 Article 3 Article 4 Article 5 Article 6 Article 7A Article 7B Conditions (Clauses) 1?1 1?2 1?3 1?4 1?5 1?6 1?7 1?8 (except 1?8?1) 1?8?1 1?9?1 1?2 1?3 1?1 3?1?3 3?1?1 and 3?1?2 3?1?4 4?18 7?2 7C and 7D 2?1 Article 1 Article 2A Article 2B Article 4 Article 3 Article 6 Article 7 Article 8 Article 9 First and Second Third deleted Fourth Fifth Sixth deleted deleted CM/TC 2008 numbering Page 36 CM/G f The Joint Contracts Tribunal Limited 2008 . TC/C 2002 numbering 1?9?2 1?10 (except 1?10?2 and 1?10?3) 1?10?2 1?10?3 1?11 1?12 1?13 1?14 1?15 1?16 1?17 1?18 1?19 1?20 1?21 1?22 1?23 1?24 1?25 1?26 1?27 1?28 1?29 1?30 1?31 1?32 2?1?1 2?1?2 2?1?3 2?1?4 CM/TC 2008 numbering 2?18?1 2?12 2?13?1 4?1?1 and 4?2?1 1?3 2?14 deleted 2?14 2?7?1 2?7?2 2?8?1 2?11 2?7?3 deleted 2?7?4 2?39 2?23 2?24 3?24?1 3?24?2 3?23 1?7 1?5 1?11 1?8 1?6 2?4 deleted 2?5 2?6 f The Joint Contracts Tribunal Limited 2008 CM/G Page 37 . TC/C 2002 numbering 2?1?5 2?2 to 2?4 2?5 2?6 2?7 2?8 to 2?10 2?11 2?12 2?13 2?14 2?15 2?16 2?17 2?18 2?19 2?20 2?21 2?22?1 2?22?2 3?1 3?2?1 3?2?2 3?2?3 3?2?4 3?3 3?4 3?5 3?6 3?7 3?8 (except 3?8?3 and 3?8?5) CM/TC 2008 numbering 3?13 2?26 and 2?27 2?28 2?29 2?30 Schedule 2 (Part 1) 2?32?1 2?32?2 2?31?1 and 2?31?2 2?31?3 3?25?1 2?36 (except 2?36?1?2) 2?36?1?2 2?37 2?38 deleted 2?33 2?34 2?35 3?3 3?8 Introduction and 3?8?1 3?9 2?10 2?11 3?11 3?10 deleted 2?9 3?2 2?3 Page 38 CM/G f The Joint Contracts Tribunal Limited 2008 . TC/C 2002 numbering 3?8?3 3?8?5 3?9 3?10 3?11 3?12 3?13?1 3?13?2 3?14 3?15 3?16?1 3?16?2 3?17 3?18?1 3?18?2 3?19 3?20 (except 3?20?3) 3?20?3 3?21 3A (except 3A?8) 3A?8 4?1 4?2 4?3 4?4?1 4?4?2 4?5 4?6?1 4?6?2 4?6?3 CM/TC 2008 numbering 2?1 deleted 3?15 3?16 3?17 3?19 2?21 2?22 3?20?1 and 3?20?2 3?20?3 7?1 3?6?1 3?7 3?21?1 3?21?2 5?1 3?12 5?3?1 and 5?3?2 3?14 Schedule 2 (Part 2) 5?3?3 4?5 4?1?2 4?2?2 5?2?1 deleted 5?6 and 5?7 5?6?1 5?6?2 5?8 f The Joint Contracts Tribunal Limited 2008 CM/G Page 39 . 4?10?3.TC/C 2002 numbering 4?6?4 4?6?5 4?6?6 4?6?7 4?6 hanging paragraph 4?7 4?8 4?9?1 4?9?2 4?9?3 4?9?4 4?9?5 4?9?6 4?9 hanging paragraph 4?10 4?11?1 4?11?2 4?11?3 4?11?4 4?11?5 and hanging paragraph 4?11?6 4?11?7 4?12 4?13 4?14 4?15 4?15A 4?16 4?17?1 and 4?17?2 4?17?3 CM/TC 2008 numbering 5?9 5?11 deleted 5?12?1 5?12?2 5?2?2 5?7 5?7 5?8 5?9 5?11 deleted 5?12?1 5?12?2 5?4 4?10?1 4?10?2. 4?12?1 and 4?12?6 4?12?2 4?12?3 4?12?4 and 4?12?5 4?13 4?9 4?11 and 4?15 Introduction 4?15 (except Introduction) 4?16 4?19 4?18 4?17 4?6 4?3 Page 40 CM/G f The Joint Contracts Tribunal Limited 2008 . TC/C 2002 numbering 4?18?1 and 4?18?2 4?18?3 4?19 (except 4?19?8) 4?19?8 4?20?1 to 4?20?4 4?20?5 4?21 4?22 4?23 4?24 4?25 5?1 5?2 5?3 5?4 5?5 5?6 5?7 5?8 5?9 5?10 5?11 5?12 (except 5?12?2) 5?12?2 6?1 6?2 6?3 6?4 6?5 6?6 CM/TC 2008 numbering 4?6 4?4 4?14 3?25 1?9 1?10 4?22 4?23 deleted 4?5 4?24 2?1 2?16?1 2?16?2 2?17 2?16?3 2?16?1 2?16?2?1 2?20 3?6?3 4?7 3?22 deleted 4?8 6?1 6?2 6?3 6?4?1 6?4?2 6?4?3 f The Joint Contracts Tribunal Limited 2008 CM/G Page 41 . TC/C 2002 numbering 6?7 6?8 6?9 6A?1 to 6A?3 6A?4 6B?1 to 6B?4 6B?5 6FC 7?1 to 7?18 7?19 7?20 8?1 to 8?3 9A 9B 9C 10A/10B/10C 11?1 to 11?17 Code of Practice Schedules Schedule A Schedule B Schedule C Schedule D Appendix (Entries) Fourth Recital and 5?12?2 1?3 1?3 1?10 1?31 2?1?1 2?1?2 CM/TC 2008 numbering 6?5 6?7 6?8 6?6 and Schedule 3 6?9 6?6 and Schedule 3 6?9 6?12 to 6?15 8?1 to 8?12 8?13?1 8?13?2 deleted 9?2 9?3 to 9?8 Article 9 4?20 and Schedule 7 deleted Schedule 4 Schedule 6 (Part 3) 7C and 7D 7?2 7?2 Trade Contract Particulars Fourth Recital and clause 4?8 1?1 1?1 2?12?1 1?8 Part 3 deleted Page 42 CM/G f The Joint Contracts Tribunal Limited 2008 . TC/C 2002 numbering 2?1?3 2?5 2?11 and 2?12 2?16 2?16 3?14 4?11?1 4?11?1 4?11?7 4?11?7 and 4?14 4?13?1 4?14?1 4?14?2 4?15 and 4?16 4?15A 4?15A?2 5?12?2 6?4?2 6FC?1 6FC?3 7?9?2 7?13?1?1 to ?1?3 7?13?1?4 to ?6 Articles 7A and 7B and Clause 9B or 9C 9A?2 9B?1 10 11?1?1 Annexes Annex 1 Annex 2 CM/TC 2008 numbering Part 3 deleted 2?32?2 2?36 4?18 3?20?1 and 3?20?2 4?10?1 (1st and 2nd entry) 4?10?1 (Stage payments) 4?9 (Advance payment) 4?9 (Advance Payment Bond) See Fifth Recital 4?16?4 4?16?5 4?19?1 4?18 4?18 Fourth Recital and clause 4?8 6?4?1?2 6?12 6?15 8?9?2 8?11?1?1 to 8?11?1?5 8?11?1?1 to 8?11?1?5 Article 8 9?2?1 9?4?1 4?20 and Schedule 7 deleted deleted – see Trade Contract Particulars (item 1?8) Schedule 6 (Part 1) f The Joint Contracts Tribunal Limited 2008 CM/G Page 43 . TC/C 2002 numbering Annex 3 Annex 4 CM/TC 2008 numbering Schedule 6 (Part 2) Trade Contract Particulars (Part 4) Page 44 CM/G f The Joint Contracts Tribunal Limited 2008 . Adjudication Agreement (Adj) and Adjudication Agreement (Named Adjudicator) (Adj/N) . Sub-subcontract (SubSub) .Appendix B – Related Publications The following documents have been issued by the JCT as part of its 2005 suite and can be used with the Construction Management documentation 2008. Partnering Charter (Non-binding) . Framework Agreement (FA) and Framework Agreement Guide (FA/G) . Short Form of Sub-Contract (ShortSub) . JCT 2005 edition of the Construction Industry Model Arbitration Rules (CIMAR) f The Joint Contracts Tribunal Limited 2008 CM/G Page 45 . where required: . . Thomson Reuters (Legal) Limited nor its associated companies assume any liability to any user or any third party in connection with such use.Construction Management Guide Members British Property Federation Limited Construction Confederation Local Government Association National Specialist Contractors Council Limited Royal Institute of British Architects The Royal Institution of Chartered Surveyors Scottish Building Contract Committee Limited All parties must rely exclusively upon their own skill and judgment or upon those of their advisers when using this document and neither Sweet & Maxwell.