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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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Building Regs to get red tape challenge

13/01/2012 10:46:16
Statutory construction regulations, including the Building Regulations, are to be made open to public scrutiny this month. They have just been released on the government's Red Tape Challenge website (www.redtapechallenge.cabinetoffice.gov.uk ). This is despite the fact that some parts of the Buildings Regs will be out for consultation in 2012.

The objective of this challenge is to reduce red tape to increase business efficiency, without compromising on safety. Housing, Construction and Planning is the latest sector featured on the website, allowing comment on regulations, from those it affects.

At the end of the consultation period, all comments will be forwarded to a "Star Chamber" chaired by Oliver Letwin, Minister of State for the Cabinet Office, where he and his team will decide upon which regulations need strengthening, and which should be abolished.

The common thought is that this will not have much effect on the existing regulations in the short term. The industry has threatened to radically change Building Regulations over the years but as yet we have only seen increased regulation, not de-regulation. Proposed revisions to the Building Regulations are expected in draft form early this year, to be implemented next year, in 2013.

Ensure your team is up to date with the Building Regulations, changes and proposals, with our one day course 'Keeping up to speed with the latest Building & Fire Regulations'.

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