JBC.pdf - UNIVERSITY OF NAIROBI SCHOOL OF THE BUILT ENVIRONMENT DEPARTMENT OF REAL ESTATE AND CONSTRUCTION MANAGEMENT BQS 406 STANDARD FORMS OF

JBC.pdf - UNIVERSITY OF NAIROBI SCHOOL OF THE BUILT...

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UNIVERSITY OF NAIROBI SCHOOL OF THE BUILT ENVIRONMENT DEPARTMENT OF REAL ESTATE AND CONSTRUCTION MANAGEMENT BQS 406: STANDARD FORMS OF CONSTRUCTION CONTRACTS AGREEMMENT & CONDITIONS OF BUILDING CONTRACTS SUBMITTED BY: 1. COSMAS KARISA HARE - B66/0932/2015 2. KARURA EVANS MUCHIRI - B66/0920/2013 3. KANGOGO K. FESTUS - B66/0933/2015 4. NJERI ERIC WAHOME - B66/0934/2015 5. KIRIMI GAKII DOREE - B66/0935/2015 6. MATEVA WELAMODI FAUSTINE - B66/0936/2015 7. WAMBOGA EUGENE OKOTH - B66/0937/2015 8. KHAENDI ASEGA KEVIN - B66/0938/2015 9. MORANGA GAD ONDICHO -B66/0939/2015 As Part of Semester Requirements for BQS 406 SSEPTEMBER 2018
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Contents 1.0 Introduction .......................................................................................................................... 3 1.2 Historical Background .............................................................................................................. 3 1.3 Application ................................................................................................................................ 4 1.4 Contractual Claims That May Arise ......................................................................................... 6 1.4.1 Contractors ......................................................................................................................... 7 1.4.2 Clients and Their Agents .................................................................................................... 7 1.4.3 Tender Documentation ....................................................................................................... 8 1.4.4 Design ................................................................................................................................. 9 1.4.5 Contractor’s Master Programme ........................................................................................ 9 1.4.6 Notice and Particulars ...................................................................................................... 10 1.4.7 Concurrent Delay ............................................................................................................. 10 1.4.8 Quantifying Claims .......................................................................................................... 11 1.4.8.1 Costs .......................................................................................................................... 11 1.4.8.2 Preliminaries .............................................................................................................. 11 1.4.8.3 Disruption .................................................................................................................. 11 1.4.8.4. Loss of Profits/Opportunity Costs ............................................................................ 11 1.4.8.5 Finance Charges and Interests ................................................................................... 12 1.5 Merits of the Agreement& Conditions of building contracts ................................................. 12 1.6 Demerits of the Agreement& Conditions of building contracts ........................................ 13
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1.0 Introduction The agreement and conditions of contract for building works is a standard form of contract published by the joint building and construction council (JBCC), formerly the joint building council (JBC). The agreement and conditions of contract as a contract form chosen serve to establish the rights, duties, obligations and responsibilities of parties. Fundamental to all contract strategies, it helps create a framework that is clearly brings together and outlines the boundaries of roles, responsibilities and relationships between the parties to the construction project, who may include clients, design consultants, contractors, sub-contractors, suppliers, project management consultants, financiers etc. Secondly, it allocates risks between parties. By agreeing to the terms and conditions, these contractual obligation brings along with it the acceptance of a commensurate risk, which is the risk of being unable to perform/ fulfil the obligation or duty. The Conditions of Contract are therefore necessary to unambiguously define the rights and obligations of the parties to a contract so that the employer receives a project precisely as required and anticipated by him and the Contractor receives a satisfactory commercial return for his work. The management of a construction contract revolves around the interpretation and application of the agreement and Conditions of contract for building works in this case. 1.2 Historical Background The agreement and conditions of contract for building works is a standard form of contract published by the joint building and construction council (JBCC), formerly the joint building council (JBC). It is also referred to as the green book. The council is registered as a company and he current version of the agreement and conditions of contract for building works was published in 1999 though it is currently being revised. The document is largely borrowed from the standard
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