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(Un)Signed, Sealed, Delivered: Anchor 2020 v Midas Construction

Blog Author: George Eyre – Hardwicke It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations. However, letters of intent often form the basis of disputes and their contractual status can be unclear. For example, letters of intent have been: held to have no contractual…

JCT chair to present at Construction Blockchain Consortium’s International Symposium

JCT chair, Richard Saxon CBE, will give a presentation at the Construction Blockchain Consortium’s (CBC) inaugural International Symposium in Paris on 7th June. Richard’s presentation, titled “Industry Challenges: How Can Data Assist?”, looks at the difficulties faced by UK construction that may be overcome by new digital possibilities and where more disruptive change might be required. In addition, Richard will be taking part in an evening panel discussion on Blockchain and Contracts. The CBC’s first International Symposium is titled “Digital Trust in the Built Environment”…

JCT provides leadership and innovation with new BIM guidance and digital contract technology

JCT used its annual Construction Industry Parliamentary Reception, hosted at the House of Commons, to update the industry on two areas where it is providing innovation and leadership – BIM and digital contract technology. The recent publication of JCT’s latest practice note, BIM and JCT Contracts, furthers the understanding of BIM related legal and contractual issues, providing practical, clear guidance to project participants and their professional advisers. The practice note focuses on the use of BIM with the JCT Design and Build Contract (DB), as…

JCT releases new practice note – BIM and JCT Contracts

JCT has released its latest practice note, BIM and JCT Contracts, providing up-to-date guidance for using JCT contracts on construction projects where BIM is to be used. The aim of BIM and JCT Contracts is to further the understanding of BIM related legal and contractual issues and suggest ways of approaching such issues in a collaborative and constructive way. It also provides practical, clear guidance to project participants and their professional advisers. The practice note focuses on the use of BIM with the JCT Design…

Chairman’s Letter: Australia Sweeps Test Series

Blog Author: Richard Saxon CBE No, this isn’t about cricket. It’s about learning from Australia how to deliver buildings that perform as specified. In October 2017 I wrote about the ‘Soft Landings’ concept as a way for designers and builders to incorporate facility management needs into their process and ensure that buildings perform properly. This tool is part of the Government’s version of BIM Level 2, but not widely understood or used beyond that. We remain a country with published aspirations to achieve high physical…

The Fluctuating Fortunes of Brexit

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

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

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?

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?

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…