Civil Engineering Reference
In-Depth Information
I Invitation to tender
II Tender document
III Articles of Agreement.
It is this last document which constitutes the sub-contract as actually exe-
cuted by the main contractor and the sub-contractor, form NAM/SC con-
taining the conditions of sub-contract being issued separately and
incorporated by reference into the agreement.
Clauses 12 and 14 of NAM/SC are essentially simplified versions of the
equivalent clauses 2.1 to 2.10 and 4.24 to 4.28 of the domestic sub-contract
Form DSC/C for use with JCT 98. This reflects the position of 'named' sub-
contractors under IFC 98. In contrast to nominated sub-contractors under
JCT 98, for instance, the architect is not required to certify amounts for
payment to the sub-contractor, there is no provision for direct payment
by the employer if the main contractor defaults on payment and the archi-
tect is not required separately to certify practical completion of the sub-
contractor's work. The architect will only be involved if either the sub-con-
tractor or the main contractor is so seriously in default under the
sub-contractor that either becomes entitled to determine the employment
of the other, when the architect is required to step in to deal with the
situation that then arises.
The simplification in comparison with DSC/C is similar in nature to the
simplification that has taken place in the extension of time and 'claim'
provisions in IFC 98 as compared with JCT 98. There are two changes to
which attention should be drawn:
. In parallel with clause 2.3 of IFC 98, clause 12.3 makes specific provision
for delaying events occurring after the sub-contract works ought to have
been completed and before actual practical completion.
. Clause 12.4 empowers the contractor to grant an extension of time of his
own volition and without notice from the sub-contractor at any time
during the progress or after completion of the sub-contract works. In
DSC/C (clause 2.7) this power can only be exercised within the period
of 16 weeks after practical completion of either the sub-contract or main
contract works, whichever is the earlier. It would appear that, under
NAM/SC, this power could be exercised by the main contractor at any
time up to the issue of the final certificate under the main contract
691
.
17.5 The IN/SC form of domestic sub-contract for use with IFC 98
The equivalent clauses 12 and 14 in Domestic Sub-Contract Form IN/SC
produced by the Building Employers' Confederation and the sub-
contractors' organisations for use with IFC 98 are virtually identical to those
in Form NAM/SC and therefore do not require separate consideration.
691
The clauses are covered in Peter R. Hibberd,
Sub-Contracts under the JCT Intermediate Form
, 1987,
Blackwell Science, Chapter 10. That commentary is still useful although now somewhat out of date.
