Blog

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…

New JCT On Demand digital contracts now available

/ Latest News, Press Releases

JCT has released more of its 2016 Edition of contracts online via its JCT On Demand digital service. The contract families included are the JCT Standard Building Contract (Standard Building Contract With Quantities (SBC/Q), Standard Building Contract Without Quantities (SBC/XQ), and Standard Building Contract With Approximate Quantities (SBC/AQ)), and the JCT Intermediate Building Contract (Intermediate Building Contract (IC), and Intermediate Building Contract with contractor’s design (ICD)). Digital versions of the guides corresponding with each family, namely the Standard Building Contract Guide (SBC/G) and Intermediate Building…

JCT provides new guidance to public sector

/ Latest News, Press Releases, Public Sector

JCT has been providing new guidance for public sector clients on various aspects of JCT contracts, including contract selection, guidance on the JCT 2016 Edition, and specific contract families. The request from the public sector for further engagement with JCT comes amid an increase in the uptake of JCT contracts by a number of local authorities across the UK. JCT vice chair and vice chair of the JCT Drafting Sub-Committee, John Riches, has been at the forefront of the initiative by giving presentations to a…

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…

JCT Interviews…Suzanne Reeves

/ 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. Partner, Head of Construction, Wedlake Bell Member of the JCT Drafting Sub-Committee Suzanne heads up the Construction team at…