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JCT Interviews…John Littler

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. Dip.Adj. MRICS ACIArb. Founder and owner, Q-Consult Construction Consultants RICS representative, JCT Council John Littler came into the…

The Lookout, Lepe Country Park

The Lookout, on the coastal edge of the New Forest National Park, is a new visitor centre and restaurant providing visitors with stylish recreational space in a picturesque setting. Hampshire County Council was both client and designer for this project, which used a JCT Standard Building Contract. The Lookout at Lepe Country Park is one of the few points that provides easy access to the coastline within the New Forest. It has always been a popular spot with visitors, due to its history and stunning…

Court of Appeal Clarifies Meaning of “Practical Completion”

Blog Author: Joe Bennet – Associate and Alistair McGrigor – Partner, CMS A Court of Appeal decision in March has provided authoritative guidance as to when “practical completion” of construction works will be achieved. The existence of patent defects which are more than trifling will be sufficient to prevent “practical completion” and the intended purpose of the works is of relevance only in determining whether such defects are trifling. This considerably narrows the approach adopted by the TCC at first instance which allowed greater scope…

Chair’s Letter: The Digital Twin: Why, What and How

Blog Author: Richard Saxon, CBE The built environment is officially regarded as an enabler of the economy and of our quality of life. By the ‘built environment’ I mean the complex of economic sectors which plan, regulate, develop, design and build, operate and maintain the physical fabric of our civilisation, its buildings and infrastructure. These sectors total between 15 and 20% of the total economy and the current government view is that the success of built environment investments should be measured by the outcomes they…

(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…