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About
Edition: 2021
Pages: 129
Author(s): Sarah Lupton
Publisher: RIBA
Language: English
Size: 68 Mb
Content:
Foreword
About the author
Contents
About this Guide
1 About MW16
Key features
Changes since MW11
Use in different situations
Use by domestic clients
Use by public bodies
Advising on MW1
Some general principles of contract law
Formation
Express terms
Implied terms
Exemption clauses
2 Documents
Tendering
Tendering procedures
Contract documents
Health and safety documents
Execution
Use of documents
Interpretation, definitions
Priority of contract documents
Inconsistencies, errors or omissions
Custody and control of documents
Sub-contract documents
3 Obligations of the contractor
The works
Design
Materials, goods and workmanship: MW16
Materials, goods and workmanship: MWD16
Obligations in respect of quality of sub-contracted work
Compliance with statute
Health and safety legislation
Other obligations
4 Commencement and completion
Commencement by the contractor
Occupation by the employer
Progress
Completion
Extensions of time
Principle
Procedure
Assessment
Occupation before practical completion
Practical completion
Practical completion of the works
Procedure at practical completion
Failure to complete by the completion date
Liquidated and ascertained damages
5 Control of the works
Person in charge
Clerk of works
Sub-contracted work
Work not forming part of the contract/persons engaged by the employer
Principal designer
Information to be provided by the contract administrator
Information provided by the contractor
Inspection and tests
Contract administrator’s instructions
Variations
Defective work
Making good defects
6 Sums properly due
Provisional sums
Valuation of variations
Direct loss and/or expense
Fluctuations
7 Certification
Interim payments
Value of work properly executed
Accepting defective work
Unfixed materials and goods
Retention
Payment procedure
Payment when no certificate is issued
Deductions
Employer’s obligation to pay
Contractor’s position if the certificate is not paid
Contractor’s position if it disagrees with an amount certified
Certificates after practical completion
Final certificate
Conclusive effect of final certificate
8 Indemnity and insurance
Injury to persons
Damage to property
Insurance of the works
Action following damage to the works
The contract administrator’s role in insurance
9 Termination
Repudiation or termination
Termination by the employer
Insolvency of the contractor
Termination by the contractor
Termination by either party
10 Dispute resolution
Alternative dispute resolution
Adjudication
Arbitration
Litigation
References
Publications
Cases
Legislation
Clause Index for MW16
Clause Index for MWD16
Subject Index