Contents - RIBA Bookshops

vii
Contents
Foreword
About the Guide
v
xi
1 About MW05 1
Key features 1
Changes since MW98 3
Deciding on MW05 3
Some general principles of contract law 7
Formation 7
Express terms 8
Implied terms 9
Liability for design 11
Exemption clauses 12
2 Documents 15
Contract Documents 15
Health and safety documents 16
Execution 17
Use of documents 17
Interpretation, defi nitions 17
Priority of Contract Documents 17
Inconsistencies, errors or omissions 18
Custody and control of documents 19
Sub-contract documents 19
3 Obligations of the contractor 21
The Works 21
Design 21
Materials, goods and workmanship: MW05 22
Materials, goods and workmanship: MWD05 24
Obligations in respect of quality of sub-contracted work 25
Compliance with statute 25
Health and safety legislation 25
Other obligations 27
4 Commencement and completion 29
Commencement by the contractor 29
Occupation by the employer 30
Progress 30
Completion 31
Extensions of time 33
Principle 33
Procedure 34
Assessment 38

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Guide to MW05
Occupation before practical completion 39
Practical completion 40
Practical completion of the Works 40
Procedure at practical completion 42
Failure to complete by the completion date 42
Liquidated and ascertained damages 43
5 Control of the Works 47
Contractor’s representative 47
Clerk of works 48
CDM co-ordinator 48
Information to be provided by the contract administrator 49
Information provided by the contractor 49
Contract administrator’s instructions 50
Variations 51
Defective work 52
Sub-contracted work 53
Work not forming part of the contract/persons engaged by the employer 54
Making good defects 54
6 Sums properly due 57
Provisional sums 57
Valuation of variations 58
Direct loss and/or expense 58
Fluctuations 61
7 Certification 63
Progress Payments 64
Value of work properly executed 65
Unfi xed materials and goods 66
Retention 67
Payment procedure 67
Deductions 68
Employer’s obligation to pay 68
Contractor’s position if the certifi cate is not paid 70
Certifi cate not issued or undervalued 70
Penultimate certifi cate 71
Final Certifi cate 71
Conclusive effect of Final Certifi cate 73
8 Indemnity and insurance 75
Injury to persons 76
Damage to property 76
Insurance of the Works 78
Action following damage to the Works 79
The contract administrator’s role in insurance 80
9 Termination 81
Repudiation or termination 81
Termination by the employer 82
Insolvency of the contractor 84

Contents
ix
Termination by the contractor 85
Termination by either party 86
10 Dispute resolution 87
Alternative dispute resolution 87
Adjudication 88
Arbitration 91
Litigation 92
Appendix A: Clause comparison table: Destinations 95
Appendix B: Clause comparison table: Origins 103
References 105
Publications 105
Cases 105
Clause Index for MW05 107
Clause Index for MWD05 109
Subject Index 111