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JCLI LANDSCAPE WORKS CONTRACT 2017 (TERMS USED (CDM: PRINCIPAL DESIGNER…
JCLI LANDSCAPE WORKS CONTRACT 2017
USE OF LANDSCAPE WORKS CONTRACT
where the employer has engaged a landscape architect to advise on and administer its terms
'Appropriate' CRITERIA
Work involved is of SIMPLE CHARACTER
work is designed by or on behalf of the Employer
Employer is to provide drawings and/or specifications, and /or work schedules
Landscape Architect / Contract Administrator is to administer the conditions
Private and local authority
'Not Suitable' CRITERIA
provisions are required to govern work carried out by named specialists
detailed control procedures are needed
Contractor is to design discrete part(s) of the works
Works of a COMPLEX NATURE
LUMP SUM offer based on DRAWINGS, and/or SPECIFICATION, and/or WORK SCHEDULES
PAYMENT to STATUTORY requirements - either party can refer disputes and differences to ADJUDICATION
Contract with a RESIDENTIAL OCCUPIER does not need to contain adjudication provisions
Employer may wish to control the SELECTION of SUBCONTRACTORS for specialist work by naming in the tender documents. BUT NO PROVISION for CONSEQUENCES.
BETTER for EMPLOYER & SUBCONTRACTOR to enter into a SEPARATE AGREEMENT or use JCT INTERMEDIATE BUILDING CONTRACT which has the provisions for Named sub-contractors
OUTLINE OF THE CONTRACT
LANDSCAPE ARCHITECT / CONTRACT ADMINISTRATOR
Appointed to ADVISE and ADMINISTER CONTRACT
ROLE OF LANDSCAPE ARCHITECT / CONTRACT ADMIN
Paid by Employer
securing the completion of the works in an efficient and economical manner
Act fairly and independently between the Employer and Contractor
Issuing PAYMENT CERTIFICATES and VALUATIONS for PAY LESS NOTICES
valuing any VARIATIONS or works INSTRUCTED in respect of PROVISIONAL SUMS included in the CONTRACT DOCS
giving any EOT
certifying the DATE OF PRACTICAL COMPLETION, DATE when ALL DEFECTS during the RECTIFICATION PERIOD have been made good.
INSTRUCTIONS
Only the LA / CONTRACT ADMIN can issue instructions to the CONTRACTOR
If Employer wishes to make a change to the work, they must ask LA/Contract Admin to give instruction to Contractor
PRICE
LUMP SUM plus VAT stated in the CONTRACT
PRECISE SUM may be increased or decreased depending on any changes to the works
TIME-SCALE FOR THE WORK
TIME stated in CONTRACT PARTICULARS
Contractor required to notify LA/Contract Admin straightaway of any delay.
EOT can be given if reasons beyond control of contractor
Work not finished by DATE OF COMPLETION after taking into account EOT, Employer can recover LIQUIDATED DAMAGES from the CONTRACTOR
PAYMENT
INTERIM PAYMENT UP TO PRACTICAL COMPLETION
EVERY 4 WEEKS from COMMENCEMENT DATE - issued within 5 DAYS
payments will reflect Employer's entitlement to retain 5% of the agreed LUMP SUM
INTERIM PAYMENT AFTER PRACTICAL COMPLETION - 7 DAYS after PRACTICAL COMPLETION
INTERIM PAYMENTS FROM PRACTICAL COMPLETION TO EXPIRY of the RECTIFICATION PERIOD - every 3 MONTHS
FINAL BALANCE is paid following the issue of the FINAL CERTIFICATE
Period between PRACTICAL COMPLETION & FINAL CERTIFICATE the % retained will be halved = 97.5% of the TOTAL paid to the CONTRACTOR
LATE INTERIM or FINAL CERTIFICATE (more than 5 days after due date) - CONTRACTOR will need to give PAYMENT NOTICE of amount due to them
EMPLOYERS FAILURE TO PAY BY FINAL DATE - interest of 5% per annum
PAY LESS NOTICE - stating the sum that the Employer considers due and how is has been calculated
SUSPENSION
If the Contractor is not paid for final date for payment then the Contractor can give 7 DAYS NOTICE and has the right to suspend performance + right to recover reasonable costs occurred due to suspension.
TERMINATION
Either party may end Contractor's employment if the other Party is in breach of certain obligations or becomes insolvent
Termination in the case of prolonged suspension resulting from certain neutral causes
DEALING WITH DISPUTES
Either party can refer a dispute to ADJUDICATION for a 'fast track' decision
Parties can nominate a ADJUDICATOR within the CONTRACT PARTICULARS
Parties may agree to MEDIATE a dispute
If neither adjudication or mediation resolved the dispute then the option is COURT LITIGATION OR ARBITRATION
ARBITRATION - choice of arbitrator from relevant profession
In the case of CONTRACTS - County Court Small Claims may be suitable route
RIGHTS AND REMEDIES GENERALLY
LIMITATION PERIOD for a contract that is signed by the Parties is 6 years from the date of breach, or where it is executed as a deed, 12 years
SUPPLEMENTAL PROVISIONS
SCHEDULE 3 of CONTRACT
COLLABORATIVE WORKING
HEALTH & SAFETY
COST SAVINGS AND VALUE IMPROVEMENTS
SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL CONSIDERATIONS
PERFORMANCE INDICATORS AND MONITORING
NOTIFICATION AND NEGOTIATION OF DISPUTES
TRANSPARENCY
Employer is LOCAL or PUBLIC AUTHORITY
THE PUBLIC CONTRACTS REGULATIONS 2015
Employer is LOCAL or PUBLIC AUTHORITY
TERMS USED
BASE DATE
7 DAYS or thereabouts before date for submission of tenders so as to avoid any need for tenderers to deal with last minute changes
CDM REGULATIONS
to improve HEALTH & SAFETY STANDARDS on construction sites
CDM: PRINCIPAL DESIGNER & PRINCIPAL CONTRACTOR
Named in AGREEMENT or subsequently appointed.
minimising HEALTH & SAFETY RISKS
Where there is MORE THAN ONE contractor on the project
CDM: HEALTH & SAFETY FILE
HEALTH & SAFETY INFO for anyone undertaking work on site POST COMPLETION
Delivered to EMPLOYER on COMPLETION
DATE FOR COMPLETION
CONTRACTOR FINISHES WORK as per CONTRACT PARTICULARS
DATE OF PRACTICAL COMPLETION
LA/CONTRACT ADMIN opinion that CONTRACTOR has all PRACTICAL INTENTS & PURPOSES COMPLETED WORKS
RECTIFICATION PERIOD
12 MONTHS from PRACTICAL COMPLETION
CONTRACTOR put right defects before being paid final balance of Contract price.
INSURANCE IN JOINT NAMES
includes the EMPLOYER AND CONTRACTOR as composite insured and under which the insurers have no right of recourse against any person named as an insured
LIQUIDATED DAMAGES
RATE PER DAY / WEEK / MONTH stated in CONTRACT PARTICULARS by EMPLOYER to compensate them for Contractor's failure to finish the work on time
PROVISIONAL SUM
SUM included for work that the Employer MAY or MAY NOT decide to carry out, or which CAN NOT be accurately specified in CONTRACT DOCS.
VARIATION
CHANGE in the works that the LA / CONTRACT ADMIN instructs on behalf of the EMPLOYER
PARTIAL POSSESSION
some work not complete I.E Seasonal planting requirements
Possession of part of the works by the Employer