JCT Intermediate Form of Contract, Second Edition PDF
Preview JCT Intermediate Form of Contract, Second Edition
Building Contract Dictionary Third Edition David Chappell Derek Marshall Vincent Powell-Smith Simon Cavender Foreword by His Honour Judge Peter Bowsher QC Building Contract Dictionary http://avaxhome.ws/blogs/ChrisRedfield Also of interest The JCT Intermediate Form of Contract Second Edition David Chappell & Vincent Powell-Smith 0-632-03965-5 The JCT Design and Build Form Second Edition David Chappell & Vincent Powell-Smith 0-632-04899-9 The JCT Minor Works Form of Contract Second Edition David Chappell & Vincent Powell-Smith 0-632-03967-1 Powell-Smith & Sims’ Building Contract Claims Third Edition David Chappell 0-632-03646-X Parris’s Standard Form of Building Contract Third Edition David Chappell 0-632-02195-0 Building Contract Dictionary Third Edition David Chappell Derek Marshall Vincent Powell-Smith Simon Cavender Foreword by His Honour Judge Peter Bowsher QC #D.Chappell,D.Marshall,S.Cavender&the DISTRIBUTORS EstateofVincentPowell-Smith2001 MarstonBookServicesLtd BlackwellScienceLtd POBox269 EditorialOffices: Abingdon OsneyMead,OxfordOX20EL OxonOX144YN 25JohnStreet,LondonWC1N2BS (Orders: Tel:01235465500 23AinsliePlace,EdinburghEH36AJ Fax:01235465555) 350MainStreet,Malden MA021485018,USA USA 54UniversityStreet,Carlton BlackwellScience,Inc. Victoria3053,Australia CommercePlace 10,rueCasimirDelavigne 350MainStreet 75006Paris,France Malden,MA02148-5018 (Orders: Tel:8007596102 OtherEditorialOffices: 7813888250 Fax:7813888255) BlackwellWissenschafts-VerlagGmbH Kurfu¨rstendamm57 Canada 10707Berlin,Germany LoginBrothersBookCompany 324SaulteauxCrescent BlackwellScienceKK Winnipeg,ManitobaR3J3T2 MGKodenmachoBuilding (Orders: Tel:204837-2987 7-10KodenmachoNihombashi Fax:204837-3116) Chuo-ku,Tokyo104,Japan Australia IowaStateUniversityPress BlackwellSciencePtyLtd ABlackwellScienceCompany 54UniversityStreet 2121S.StateAvenue Carlton,Victoria3053 Ames,Iowa50014-8300,USA (Orders: Tel:0393470300 Fax:0393475001) TherightoftheAuthortobeidentifiedasthe AuthorofthisWorkhasbeenassertedin Acataloguerecordforthistitleisavailablefrom accordancewiththeCopyright,Designsand theBritishLibrary PatentsAct1988. Allrightsreserved.Nopartofthispublication ISBN0-632-03964-7 maybereproduced,storedinaretrievalsystem,or transmitted,inanyformorbyanymeans, LibraryofCongressCataloging-in-Publication electronic,mechanical,photocopying,recording Data orotherwise,exceptaspermittedbytheUK Buildingcontractdictionary/DavidChappell... Copyright,DesignsandPatentsAct1988,without [etal.].–3rded. thepriorpermissionofthepublisher. p.cm. Rev.ed.of:Buildingcontractdictionary/ FirstEditionpublishedbyTheArchitecturalPress VincentPowell-SmithandDavidChappell. 1985 1985. SecondEditionpublishedbyLegalStudies& Includesbibliographicreferences. Services(Publishing)Ltd1990 ISBN0-632-03964-7 ThirdEditionpublishedbyBlackwellScience 1.Contructioncontracts–GreatBritain– 2001 Dictionaries.I.Chappell,David.II. Powell-Smith,Vincent.Buildingcontract SetinTimesandproducedbyGrayPublishing, dictionary. TunbridgeWells,Kent PrintedandboundinGreatBritainby KD1641.A68P692001 MPGBooksLtd,Bodmin,Cornwall 343.410078624003–dc21 2001035006 TheBlackwellSciencelogoisa Forfurtherinformationon trademarkofBlackwellScienceLtd, BlackwellScience,visitourwebsite: registeredattheUnitedKingdom www.blackwell-science.com TradeMarksRegistry PREFACE It is just over ten years since the second edition of this book was published. It was conceived as a handy reference for architects, quantity surveyors and other construction professionals as well as for contractors and their staff. Since the first editionin1985,ithasbeengratifyingtolearnthatanumberofconstructionlawyers have also found the book useful. It is hoped it will also provide a useful reference for civil engineers, even though it does not address engineering contracts specifically,Itis,asthetitlesuggests,adictionaryandnothingmore.Ourtreatment is not exhaustive and we do not claim that the definitions are authoritative. The book is a vade mecum and not a legal textbook (cid:1) there are a good many of those and we have included a selected list for further reading. A broad view has been taken of the words and phrases to be included so that, althoughtheyarenotallpurelycontractual,theyarealllikelytobeencounteredin connection with building contracts. With a few exceptions, we decided against including definitions of Latin terms, because good legal dictionaries are readily available and we wish to keep this book to a manageable size. The selection of words, phrases and concepts for inclusion is our own, but we have valued the suggestions of many practitioners. Partlyasaresultofthesuggestionswehavereceivedandpartlyduetothemany changes in law, legislation and building contracts over the last ten years, the book has substantially changed and, in terms of numbers of entries and coverage, enlarged.Someofthelengthytablesinpreviouseditionshavebeenremovedleaving just a few tables and other illustrations which seem to be really useful. All the original entries have been reconsidered and updated in the light of case law and legislation, in particular the Housing Grants, Construction and Regeneration Act 1996, the Contracts (Rights of Third Parties) Act 1999, the Late Payment of Commercial Debts (Interest) Act 1998, the Human Rights Act 1998, the Con- struction (Design and Management) Regulations 1994, the Scheme for Construc- tion Contracts (England and Wales) Regulations 1998 and the Civil Procedure Rules. We have referred to a wide range of contracts including JCT 98, IFC 98, MW 98, WCD 98, PCC 98, MC 98, ACA 3, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2. Anybookofthiskindwillomitwordsthatshouldbeincludedandviceversa.We will be glad to receive, care of the publishers, any suggestions for inclusions or deletions for incorporation in a future edition. Where terms within a definition have their own entry, this has been indicated as ‘qv’. Related terms and their definitions have been listed at the end of the main entry as ‘See also’. Itneedhardlybesaidthatweareindebtedtotheauthorsoftheleadingstandard textbooks,andthereareanumberofotherpeopletowhomweowespecialthanks. First to His Honour Judge Peter Bowsher QC for writing a foreword. Next to the lateProfessorVincentPowell-Smithwhohadtheideaforthisbookandwhoplayed amajorpartinlayingdownitssolidfoundation.WearealsogratefultoBlackwell v Preface Science for undertaking the third edition and to Jane Oldfield and the staff of the RIBA Information Unit for digging out useful facts. We owe a special debt of thankstoAnthonySpeaightQCwhokindlyreadthroughthetextandmademany helpfulsuggestionsforitsimprovement.Wealone,however,takeresponsibilityfor the text in its finished state. Wearegrateful toRIBAPublications forpermission toreproduce someoftheir standard forms. The front page of the Housing Grants, Construction and Regeneration Act 1996 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO. The text is corrected, so far as we are aware, until 31 December 2000, but a few later developments have been noted at proof stage. David Chappell, Tadcaster Derek Marshall, Tadcaster Simon Cavender, London vi FOREWORD by His Honour Judge Peter Bowsher QC When starting to read law as an undergraduate, the first law book I bought was Wharton’sLawLexicon,abookIstillhaveanduse.OnappointmentasanOfficial Referee, I bought the Penguin dictionaries of Building, Civil Engineering, Architec- tureandElectronics.IfIhadknownthatthisbookwastheninexistenceinitsfirst edition,Iwouldhaveboughtthatalso.Itwouldhavebeenanenormoushelptome. I congratulate the authors and warmly recommend their work. Peter Bowsher St Dunstan’s House Fetter Lane London vii
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