Civil Engineering Reference
In-Depth Information
Act does not apply in Scotland. In Scotland, the equivalent is the
jus quaesitum tertio
,
a common law right. The contract contains provisions to make an election as to
whether warranties are to be provided or whether this will be dealt with by way of
third party rights. For more detail on third party rights generally, see Chapter 13.
In relation to arbitration, the difference between JCT and SBCC relates to the pro-
cedural rules incorporated.
There is a wide variety of SBCC standard forms of contract available and the Stan-
dard Building Contract Guide for use in Scotland (November 2011) identifies the
documents published by the SBCC.
New contracts have been added to the suite of standard forms for both the JCT and
SBCC, including Minor Works with Contractor's Design 2013 and Framework Agree-
ment. In addition, revised Sub-Contract Conditions (Sub/C/Scot 2011, Sub/D/C/Scot
2011 and DBSub/C/Scot 2011) have been published, respectively covering the situa-
tions where there is no design element in the sub-contract, where the main contractor
istodesignpartsofthemaincontractworksandthesub-contractoristodesignallor
partofthesubcontractworks,andforusewiththedesignandbuildmaincontract,
whether or not the sub-contract works include design by the sub-contractor.
The SBCC published in May 2012 a Named Specialist Update which contained
optional provisions for incorporation into the SBC to enable the Employer, by means
of an appropriate entry in the Contract Particulars to name individual specialists as
domestic sub-contractors for identified parts of the Works.
In 2013, the SBCC published Project Bank Account Documentation for use in
Scotland (PBA/Scot 2013) where the parties wish to adopt the use of a project bank
account for payment purposes (see Section 8.7).
In the same year it published two versions of a Homeowner Contract - HOB/Scot
2013 for use by a homeowner/occupier who has not appointed a consultant to oversee
thework,andHOC/Scot2013whereaconsultanthasbeenappointed.SeealsoSection
1.4.6 in relation to the new forms of Pre-Construction Services Agreement published
by the SBCC.
In this topic, references to clauses are (unless the text expressly speciies other-
wise) to those in the Standard Building Contract With Quantities for use in Scotland,
SBC/Q/Scot (2011 Edition). his contract is referred to in this topic as 'the SBC'. In
view of the predominant role of design and build as a method of procurement, this
book also focuses on the relevant provisions of the Design and Build Contract for
use in Scotland, DB/Scot (2011 edition), which is referred to for convenience as 'the
SBC/DB'. In the sections which consider the relevant provisions of the SBC and the
SBC/DB, we use the defined terms set out in those contracts.
1.6 The NEC3 forms of contract
he NEC forms of contract were first published in 1993 as the 'New Engineering Con-
tract' followed by a second edition, the NEC2 in 1995, and by the NEC3 in 2005.
Updated editions of the NEC3 suite, along with a new Professional Services Short
Contract, were published in April 2013. The NEC family of documents has become
increasingly popular and in particular is widely used by the public sector throughout
