STATUS IN WALES

1 CONCODE. Guide to the JCT Agreement for minor works 1994. STATUS IN WALES . ARCHIVED. For queries on the STATUS of this document contact or telephone 029 2031 5512. STATUS Note amended March 2013. Guide to the JCT Agreement for minor building works up to & including Amendment no 2. London: HMSO. ITa Estates An Executive Agency of the Department of Health 0 Crown copyright 1994. First published 1994. ISBN 0 11 321729 3. HMSO. Standing order serice Placing a standing order with HMSO BOOKS enables a customer to receive future titles in this series automatically as published.

2 This saves the time, trouble and expense of placing individual orders and avoids the problem of knowing when to do so. For details please write to HMSO. BOOKS (PC 13A/l), Publications Centre, PO Box 276, London SW8 5DT quoting reference The standing order service also enables customers to receive automatically as published all material of their choice which additionally saves extensive catalogue research. The scope and selectivity of the service has been extended by new techniques, and there are more than 3,500 classifications to choose from. A special leaflet describing the service in detail may be obtained on request.

3 About this publication This publication provides guidance on The procedures to be adopted in the the JCT Agreement for minor building selection and appointment of either works' published in 1980 for the joint individual firms of consultants to design Contracts Tribunal. It provides advice on and supervise the work, or contractors the amendments necessary to the to carry out the work will be the subject contract to comply with Government of a future publication. and Departmental policy, as well as good professional practice in respect of This guide is one of a series of the use of the contract by NHS trusts documents that will gradually phase out and authorities.

4 The current version of Concode'. Guidance on the JCT Agreement for This document is not appropriate for use minor building works' is currently by NHS trusts and authorities in contained in Part 1 Chapter 3 of Scotland. Concode' (the NHS's code of procedure for building procurement). Contents About this publication Appendix I- JCT Agreement for minor building works (1980 edition) with Supplementary 1 Introduction page3 3 Memorandum-publisher's amendments page 18. General Government and Departmental policy requirements Appendix 2 -Value Added Tax page 19. Use in the NHS.

5 JCT Practice Notes Appendix 3 -Attestation page 2 1. 2 Examination and completion of the Appendix 4 - liquidated and ascertained agreement page 5 damages page 24. General The agreement Appendix 5 - Sub-contractors page 25. Recitals First recital Appendix 6 - Claims and their settlement page 26. Second recital Third recital Appendix 7 -Works insurance page 27. Fourth recital Fifth recital Appendix 8 - contract conditions-checklist page 30. Articles Article2 Bibliography page 32. Article3. Article 4 Other publications in this series page 33. 1 Attestation contract conditions About NHS Estates page 34.

6 Clause 1 .0: intention of the parties Clause : commencement and completion Clause : control of the works Clause : payment Clause : statutory obligations Clause : injury, damage and insurance Clause : determination Clause : Supplementary Memorandum Clause : settlement of disputes-arbitration 1 .0 Introduction General NHS trusts and authorities should substitute the term project sponsor for project director. NHS trusts and The JCT Agreement for minor building works' is authorities should refer to what is currently called the published for the joint Contracts Tribunal (JCT) Capital Investment Manual' for more details on the roles by: and duties of the project director/sponsor.

7 RIBA Publications Ltd. Finsbury Mission, Project manager 39 Moreland Street, NHS trusts and authorities must appoint project London EC 1 V 8BB. managers for all major capital schemes. However, for smaller or less complex schemes, such as those on which Extracts from the document have been reproduced the agreement will mainly be used, project management with the permission of the copyright holder: RIBA duties could be carried out by a member of the design Publications 1980. team, for example architect, building surveyor etc. in addition to their normal duties. In WALES , the detailed The JCT Agreement for minor building works' (the arrangements outlined in the Agency Agreement agreement) was first published in June 1968, was later (WHC(89)2) are currently being reviewed revised, but is now wholly superseded by the January 1980.

8 And will shortly be the subject of further guidance. edition with its Supplementary Memorandum'. Practice Note Ml' indicates the differences between the two editions. Use in the NHS. Appendix 1 lists the published amendments to the The Department is in general agreement with the agreement which have been considered and incorporated JCT's views on the use of the agreement as set out in: in this guidance. l JCT Practice Note M2';. Practice Note M2' issued in August 1981 and revised in September 1988 (which replaces the Head Note on the l 'JCT Practice Note 20: deciding on the appropriate agreement issued in January 1980) describes the type of form of JCT main contract '.

9 Work for which the JCT considers the agreement is suitable. The advice in JCT Practice Notes M2 and 20, and the Department's comments and recommendations set out hereinafter should be observed. It must be appreciated Government and Departmental policy that the conditions in the agreement are extremely brief and do not contain fully detailed provisions (such as those requirements contained in the JCT Standard Form of Building contract and the JCT Intermediate Form of Building contract ). Guidance on the implementation of Government and regarding procedures to be followed in the event of delays Departmental policy on contract provisions as stated in and other matters that may arise.

10 Contracts and commissions for the NHS Estate - Policy' is included in this guide. Where the work is complex or where there is a possibility of numerous variations or significant disruption Project director of progress, the use of the JCT Standard Form of Building NHS trusts and authorities must appoint a project contract or the JCT Intermediate Form of Building director for all projects on which the JCT Agreement for contract may be more appropriate than the agreement. minor building works' is used. This may be a senior member of management with responsibility for a number The JCT advises that the agreement is generally of minor works contracts or an individual responsible for a suitable for contracts up to the value of 100,000 at 1993.