Architect's Duties Under the JCT Standard Building Contract 2016

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This report provides a comprehensive overview of the architect's duties under the JCT Standard Building Contract with Quantities 2016. The architect, as the traditional leader of the design team, is central to the contract, with roles defined in clause 2.4 and formalized through the RIBA's SFA. The report details specific responsibilities, including determining levels, providing drawings, reviewing time extensions, issuing instructions, and managing certificates and payments. It also covers instructions related to materials found on site and instructing the Quantity Surveyor on losses or expenses. The report references key clauses (2.10, 2.12.1, 2.28.1, 2.28.5, 2.15, 3.12.1, 3.13, 3.16, 3.23, 3.24, 4.9, 4.15, 2.35, 2.39, 4.4, and 4.23) and relevant literature to support its analysis of the architect's critical functions in ensuring the successful execution of a construction project.
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The duties of the architect under the JCT Standard Building Contract with Quantities
2016
On the JCT, the architect is named under clause 2.4, and has been treated traditionally as the
main leader who co trolls the design team. Both the employer and the architect are able o enter
into the agreement through the signing of the RIBA’s SFA. This form is able to highlight the
different duties which the architect will be able to carry out1. The SFA, covers the full details of
the roles of the architect from feasibility study time to the handover of the completed project.
As noted, the SFA is able to bring a formal agreement on the duties and roles which the architect
will be able to assume from the beginning of a project to its end. At some point, the architect is
treated as the designer by some parties such as a contractor2. Section 2.6 is able to differentiate
the roles of the architect and those of the designer in a project3. Nevertheless, at some point, the
architect will be tasked with specific roles while others he or she can perform and relieve the
designer from undertaking them.
JCT 05 is able to provide the different specific roles which the architect has to carry out in a
project. The following are some of the key duties designated for the architect.
1 Uff, John. Construction Law, 12th Edition, Sweet & Maxwell, London, 2017, chapter 4.
2 Anthony Ensom, C. "Adjudication on Jct 81 Contracts." Structural Survey. 16.3 (1998): 130-
135. Print.
3 MacRoberts, Solicitors, MacRoberts on Scottish Construction Contracts, 3rd Edition, John
Wiley & Sons Limited, 2015, chapter 1, especially pages 5-15; and see also chapter 4
(obligations of the employer), chapter 5 (obligations of the contractor), chapter 11 (position of
sub-contractors).
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2.10 and 2.12.1 - determination of levels and providing the contractor with relevant
working and dimensioned drawings for setting out. Providing the contractor with copies of
instructions, drawings and or any further details which are key to enlighten or provide clarity to
the Contractual Documents.
2.28.1 and 2.28.5 - reviewing, considering and granting the required time extensions to the
contractor for the project at different stages. Reviewing possible extension of time, which should
be within 12 weeks after the completion of the project.
2.15 and 3.12.1 - issuing of instruction in order to resolve and issues and also any other
instructions to different parties in writing. Specifying any instructions according to clause 3.13
which have been challenged by the contractor4. Also, the architect issues instructions about the
expenditure of provisional sums to the contractor as indicated in BoQ (3.16), instruction on what
need to be done on materials such as fossils, antiquities and materials of interest found on site
(3.23).
4.9 and 4.15 - issuing of the interim certificate and also the final certificate to the construction
contractor, issuing of any certificate due to the employer and a duplicate to contractor which are
under contract agreements as in 1.9.
2.35 and 2.39 - issuing of certificate of Making Good, at the time when the contractor has made
good all defects in any part which he or she is responsible and when the contractor has made
good alls the defects in the schedule of Defects.
4 , Alaa, Abdou Radaideh, Moh’d and Lewis John. "Decision Support Systems and Their
Application in Construction." 2010. Print.
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4.4 - taking into account and addition or any deductions of the total contract sum
when computing the preceding interim certificate for the contractor.
3.24 - offering instruction to the Quantity Surveyor in order for him or her to ascertain
any loss or expense experienced due to disturbance of the progress of works, which results from
discovery of fossils or other materials which will hinder work execution on site.
4.23 - instructing of ascertaining the Quantity Surveyor to put in record any loss or/and
expense applied by the contractor.
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References
Abdou, Alaa, Moh’d Radaideh, and John Lewis. "Decision Support Systems and Their
Application in Construction." 2010. Print.
Ensom, Anthony C. "Adjudication on Jct 81 Contracts." Structural Survey. 16.3 (1998): 130-
135. Print.
John Uff, Construction Law, 12th Edition, Sweet & Maxwell, London, 2017, chapter 4.
MacRoberts, Solicitors, MacRoberts on Scottish Construction Contracts, 3rd Edition, John
Wiley & Sons Limited, 2015, chapter 1, especially pages 5-15; and see also chapter 4
(obligations of the employer), chapter 5 (obligations of the contractor), chapter 11 (position of
sub-contractors).
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