The Fluctuating Fortunes of Brexit

/ General, JCT 2016 Edition

Blog Author: Peter Hibberd Just over two years ago I suggested that it was time to brush up on the use and operation of the fluctuation provisions in building contracts. A suggestion spurred by the advent of Brexit and its ambient uncertainty; an uncertainty plain to see. The risk of having entered into contracts that span the Brexit leaving date, without adequate protection from fluctuations, could leave parties in a precarious situation. One can still act to mitigate potential loss but the situation is far…

JCT Interviews… Sion Evans

/ Interviews

In this series we shed some light on some of the key people who are involved with or give their time to support JCT, to ensure that all areas of the construction industry are represented and can contribute to the development of our contracts. We will look at how our interviewees contribute to JCT specifically, and gain their views on JCT’s wider role within the industry. BSc (Hons) MRICS Member, JCT Council, LGA representative Member, JCT BIM Working Group Design and construction manager, Denbighshire County…

Taff Vale Redevelopment, Pontypridd

/ Case Studies

Due to be completed in Spring 2020, the Taff Vale redevelopment scheme is the start of a major new regeneration project for Pontypridd. A JCT Design and Build Contract provides the solution for two new office blocks and a statement community building. In recent years the decline of development in Pontypridd, South Wales has in part been the result of a neighbouring city’s own success; the regeneration projects in nearby Cardiff have resulted in business and employment opportunities moving away from the local area. Rhondda…

Do the Different Tiers of Building Contract Really Need to be Back to Back?

/ Contractual Issues, JCT 2016 Edition

Blog Author: Alexandra Reid The main JCT contracts specify that where this is ‘considered appropriate’ the contractor should engage its sub-contractors using the relevant version of the JCT sub-contract which sits beneath the main contract in question. JCT contracts are therefore drafted in such a way that ‘back to back’ obligations are ensured. So what can this mean for contractors? A short answer is that the JCT has satisfied itself that its own sub-contracts have been carefully drafted to ensure that their key contractual terms…

The Big Question: Can You Pay Now and Argue Later?

/ Contractual Issues

Blog Author: Hazel Boland-Shanahan A top judge came out of retirement to help decide a crucial question around interim payments and adjudications, as Hazel Boland-Shanahan explains. Confusing case law on interim payments led to the rise of smash-and-grab adjudications. The Court of Appeal judgement in S&T (UK) Limited v Grove Developments provides reasoned clarity as well as other helpful guidance. Just because the sum stated in a payment certificate or default payment notice has become due, does not mean that it represents the true value…

The Impact of Digitalisation on Claims, Disputes and Their Avoidance

/ Contractual Issues

Blog Author: Charlie Woodley Research from HKA unveils the true complexity of causation and provides thought-provoking insight that illustrates how digitalisation can achieve dispute avoidance by proxy or reduce their severity and prevalence. Information technology is critical to our ability to manage complexity, inform decision-making, improve productivity, and reduce uncertainty, thereby mitigating risk. But technology alone will not suffice and broader digitalisation and transformation of organisations, supply chains or industry require investment in people, process as well as technology. Each must be considered equally, and…

Concurrent Delay: Allocating the Risk

/ Contractual Issues

Blog Author: Mark Wilkins – Fenwick Elliott Concurrent delay is an issue which continues to be a topic of much debate. Marc Wilkins explores how recently, the spotlight has turned to the enforceability of clauses which seek to allocate the risk of concurrent delays. In last year’s Annual Review Jeremy Glover reported on the decision of Mr Justice Fraser in North Midland Building Limited v Cyden Homes Limited¹. In July of this year the case came before the Court of Appeal². The dispute concerned a…

Chairman’s Letter: “The Question of Quality”

/ Chairman's Blog

Blog Author: Richard Saxon CBE When a construction client signs a contract to deliver a project, they usually have three targets in mind: to deliver the required facility on budget, on time and to required quality. Cost and Time have proved relatively manageable, with objective evidence and increasingly clever tools with which to manage. Quality has never been so simple. There is a perceived degree of subjectivity about it and it is quite hard to monitor the progress of work to ensure that all standards…

Insurance and JCT Contracts

/ Insurance Provisions

Blog Author: Dave Cahill – Senior Partner, Divisional Business Development Leader, JLT Speciality Limited Introduction The construction industry has returned to the headlines recently with the fires at the Glasgow School of Art and the London Mandarin Oriental Hotel. These incidents occurred either during or immediately after refurbishment works. Thankfully the losses were restricted to property damage and disruption with no loss of life. Nonetheless these events do serve as a powerful reminder of the different risks presented when working in existing structures. The JCT suite…

JCT Training – Book Your Place on Our 2019 Courses

/ Education, Skills and Students, JCT Product Updates

Our range of JCT Training courses are available to book for 2019. We have added new dates for the full range of our courses, including: JCT Contracts 2016 – The Legal Perspective JCT Intermediate Building Contract 2016 JCT Standard Building Contract 2016 JCT Minor Works Building Contract 2016 JCT Design and Build Contract 2016 Deciding on the appropriate JCT contract 2016 For 2019 we also have a brand new course…JCT Sub-Contracts 2016. JCT Training is the most in-depth, detailed and authoritative training package on JCT…