JCT 2011 - at the cutting edge + construction Act update

Across the contracts changes
• Section headings, integration of sectional completion and design portions supplements; simplification; abbreviation and modernisation of wording; changes in dispute resolution provisions; review of extension of time and L+E clauses; removal of statutory material and procedural matters; Appendix replaced
• Contracts covered will include the following, together with the other contracts and amendments published prior to the course: - SBC, Intermediate, Minor Works, Framework, Repair and Maintenance and Measured Term
• Revision 2 updates including SBC and D&B

JCT 2005 standard building contract
• Reduced number of versions: integrated options built into the contract for – Contractor’s design portion; division of work into sections; third party rights; subcontractor collateral warranties; design document procedures; PI Insurance; exclusions from SBC 2005 when compared with JCT 98 including performance specified work and nominated sub-contractors; review of adjustment to completion date and L+E provisions; clarification of payment provisions
• Related sub-contracts

JCT 2005 intermediate building contract + with contractor’s design
• Changes including new design version; named sub-contractors; division of the works; inclusion for collateral warranties; omissions will be covered
• Related sub-contracts

JCT 2005 minor works building contract + with contractor’s design
• Replaces JCT MW 1998; traditional form and with a contractor design version

JCT 2005 framework agreement
• Non-binding and binding versions
• Role of the framework agreement; parties to work with each other, legal status of framework agreement; organisational structures; decision making; collaborative working; supply chains; information sharing; confidentiality; risk; health and safety; environmental considerations; value engineering; change control; problem solving; performance indicators; termination

JCT 2006 repair & maintenance contract (commercial)
• For simple, one-off jobs.

JCT 2006 measured term contract
• Formatting changes, added flexibility; simplification of pricing mechanisms including a schedule of hourly charges

Sub-contracts for:
• Standard building contract
• Design and build
• Intermediate
• Minor works
• Generic sub-contract
• Generic sub-sub-contract

Constructing Excellence (Partnering Contract)

Pre-construction services agreement

Consultancy agreement

Construction management appointment

Management contract

Collateral warranties

The New Construction Acts
• Likely impact on JCT Family.
• Brief Review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication provisions