Blog

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…

The Impact of Digitalisation on Claims, Disputes and Their Avoidance

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

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

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

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…