Webinar - Understanding Contracts Documents and how they Work Together

JCT Contracts
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This topic is for all questions raised on our webinar “Understanding Contracts Documents and how they Work Together”. If you haven’t already attended it, you can sign up here:- Webinar - Understanding Contracts Documents and How They Work Together | Built Intelligence

What’s it about?

The aim of this webinar is to understand the documents included within the JCT Design and Build Contract, and how each document interacts and works alongside others to form a robust contract plan.

You will learn

By the end of this webinar you will be able to:

  • Understand in brief the various definitions, interpretations, and uses of documents included within DB16,
  • Identify the correct priority of the documentation, and
  • Identify the purpose of each document, and the procedure to follow for errors or discrepancies.
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In NEC, data part1 & 2 - are they called works information?

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In relation to ER’s trump CP’s, our Legal Advice is the opposite (under JCT D&B). The CP’s are issued after the ER’s are issued, the Contract is then signed thus both parties agree.

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How can the ER’s state that the ER’s are in accordance with statute even if they are not? My understanding was that the contract cannot amend any existing legislation/statute? @chriscorr @stevencevans

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Works Information in NEC3 is information describing the works or any constraints on how the work is provided. Contract Data sets out the specifics of the contract such as the parties, start date, completion date and so on

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Admittedly, its not quite as straightforward as the contract does not deal with a circumstance where there is a difference between the two documents as it presumes the Employer has confirmed that the CPs comply with the ERs (in practice, this tends to be removed). The first thing to look at is the type of discrepancy, for example, if the ERs say that taps have to be provided to a bath, but the CPs said brass taps, then the ER could not insist on gold taps. But if the ERs said gold taps and the CP said brass taps, then the EA could issue an instruction to supply gold taps. As that would not fall under the definition of a ‘Change’, the contractor is liable. In that case the ERs have trumped the CPs

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The ERs could state that, but the Contractor or Employer would need to notify that as a divergence, and it would be dealt with under 2.15

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