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JCT update and overview content

The following is an excerpt taken from the notes of our popular ‘Keeping up to speed with JCT contracts’ course:

INTRODUCTION

Joint Contracts Tribunal

This was first formed in 1931 as a committee of representatives from the construction industry including employers, local authorities, contractors, consultants and sub-contractors. It is now an incorporated limited company going under the title of The Joints Contracts Tribunal Limited. The constituent bodies include the RIBA, RICS, Construction Confederation, Association of Consulting Engineers, British Property Federation, Local Government Association and the National Specialist Contractors Council Ltd.

The JCT family of contracts are the most popular standard forms used for the construction of buildings. Although they are widely used throughout the industry, they are rarely unamended.

JCT 2005

In May 2005 the new JCT 2005 suite of contracts were launched to reflect some changing trends within the industry. The JCT 2005 has been completely refurbished. There are a few major changes but otherwise the JCT 2005 is little more than a make-over to their earlier 1998 contracts. It is also a more comprehensive suite than its predecessor and now includes framework agreements, a new domestic Subcontract and alternative versions to both the intermediate and minor works contract that includes for contractor design.

Sweet & Maxwell replace the JCT’s two existing publishers, RIBA Enterprises and Construction Industry Publications but the copyright is still vested in the Joints Contracts Tribunal Limited.

The suite of contracts have new colour coded front covers and there have been some improvements to the language and layout with the intention of providing a more modern and consistent format to their predecessors but there has been no material alteration in the risk allocation and most of the procedures have not changed.

Project specific information (For example, the Appendices) is moved from the back of the contract and is now in the Contract Particulars which is found between the Articles of Agreement and the Attestation. The clauses are grouped together differently and in a more logical sequence with section headings incorporated to make the contract more user-friendly. The section headings are aimed at achieving greater standardisation over the full range of JCT contracts.

There will be an online service and it has been announced that future amendments to the contracts will be published in a new revision to the whole contract rather than separately. It should also be noted that as from January 2006 the old version will no longer be available for purchase.

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JCT suite of contracts revisions: 2016 editions to replace the 2011 editions

24/01/17 11:06:09
2016 saw many revisions in the contracting world, most noticeably was the JCT suite of contracts which had 2016 editions to replace the 2011 editions. The new editions feature:
- Fair Payment, transparency and BIM
- CDM Regulations 2015
- Public Contracts Regulations 2015,
- Fair Payment principles, simplification and consolidation of payment provisions
- Easier third party arrangements including performance bond
- Insurance of Existing Structures cover for Contractors, Further changes to improve
- Named Specialists

2016 also saw the issue of the THE SOCIETY OF CONSTRUCTION LAW DELAY AND DISRUPTION PROTOCOL 2nd Edition, all be it as a consultation draft.

The 2nd Edition of the Pre Action Protocol for Construction and Engineering Disputes was also launched in 2016. It is similar in many ways to its predecessor, with the main change being the new edition introduces a Protocol Referee Procedure where by TeCSA appoint a referee who provides a binding Decision.

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