Work and materials for JCT Design and Build

All materials and goods used by the contractor must be of the kind and standard described in the employer's requirements in so far as they are procurable. If the employer's requirements are silent on this issue, it is the contractor's proposals or other construction information (as set out in clause 2.8) that shall be referred to (clause 2.2.1).

If the materials and goods are not procurable the contractor can, with the written consent of the employer, substitute them. This option to substitute operates only where the materials or goods cannot be procured and will not provide the contractor with a way out if the costs of specified materials are higher than anticipated.

In the event of a substitution of materials or goods the employer's requirements may need to be modified. This modification will be construed as a change in accordance with clause 5.1.1.2 and may give rise to claims for an extension of time and/or loss and expense.

Similarly, workmanship is to be of the standard described in the employer's requirements (clause 2.2.2). Should the employer's requirements not specify a standard then reference can be made to the contractor's proposals or construction information (as set out in clause 2.8).

Should the materials, goods or workmanship not be in accordance with the standards specified in the employer's requirements (or other documents), clause 3.13 enables the employer to instruct the removal of such materials, goods or work. If as a consequence of the instruction a change is required, no adjustment can be made to the contract sum and no claim can be made for an extension of time.

Alternatively, the employer can instruct an inspection or test (under clause 3.12) to check if the materials, goods or work meets the specified standards. In these circumstances there may be no adjustment of the contract sum unless the inspection or testing shows that the standard is met. If the required standards have been met then the contractor may be entitled to claim for an extension of time and/or loss and expense.