Blog

Making Good with Rectification Periods

Blog author: Hugh Saunders – 3PB Do you still talk about the “defects liability period”? So do I, and I don’t blame you because the phrase has been around for so long, even though modern JCT contracts use the term “Rectification Period”. Whatever you call it, problems can arise because although the clauses look quite simple there is actually a number of things going on. First, neither term really describes what the contract actually means; second, on the expiry of the Rectification Period, there is…

Over Payment is Careless

Blog author: Peter Hibberd Following Galliford Try vs Estura [2015] EWHC412 (TCC), a case concerning summary judgement to enforce the decision of an adjudicator as to payment of an interim application, there were various comments by observers on whether or not the payer has a right to repayment by the contractor on account of an overpayment and speculation as to whether there should be an express term to this effect. JCT Design and Build Contract 2011 (the contract in that case) makes it absolutely clear…

A Question of Programme

Blog author: Will Cooper – Senior Associate, Clyde & Co LLP The programme produced and maintained by a contractor is one of the most important documents for any works. Of course, the programme’s primary function is to ensure effective sequencing of the various components of the works. However, it has an important secondary role in assessing contractor applications for extensions of time and assisting with the resolution of disputes between contractor and employer, roles not always readily appreciated by contract draftsmen. It is the second…

One Building or Two?

Blog author: Richard Saxon, JCT Chairman The conventional client for a construction project has focussed on achieving success in getting their requirements delivered to quality, on time and on budget. It has been a capital project mind-set, measuring achievement over the period up to the final account. Those clients who own the building tend to change the accounting status and the leadership involved at the end of the capital phase, handing the facility manager, who is rarely involved before this point, a bundle of information…

JCT interviews…Michael Haste

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. Michael Haste JCT Director, Royal Institute of British Architects Director, Pascal+Watson Architects Michael Haste is a graduate of the…

iCon, Daventry

iCon, Daventry

The iCon building in Daventry was the first in the UK to use JCT’s sustainability guidance published in our guidance note, Building a sustainable future together. The £7 million 4,000m2 building was constructed under a JCT Design and Build contract, incorporating new sustainability clauses. The building is a leading example of energy efficiency and sustainable design in its own right, but coupled with the use of the sustainability provisions, it is also a demonstration of best practice in sustainable construction. Following the sustainability theme, the…

VOSA, Bristol

VOSA, Bristol

The Vehicle Operator and Services Agency’s (VOSA) £5.8m heavy goods vehicle testing centre outside Bristol This is the first project constructed in the UK using the JCT-Constructing Excellence (JCT/CE) contract. Developed by JCT in collaboration with Constructing Excellence, the contract promotes collaborative and integrated working, providing a single contract form to regulate all the relationships involved in a project. It makes the delivery of a project the joint mission of the entire project team. “Wow, we finally have a contract that is small, in plain…

Hampton Court, Surrey

Hampton Court, Surrey

Historic Royal Palaces (HRP) has decided to use the JCT Constructing Excellence Contract (JCT-CE) for its building conservation and improvements programme. HRP is using the contract together with the JCT-CE Project Team Agreement and is in the pilot year of a three-year programme of works. HRP is one of a growing list of clients embracing collaboration and adopting the JCT – Constructing Excellence Contract to achieve its objectives. HRP chose JCT – Constructing Excellence because of the way it integrates the team, the way it…

The Gherkin, London

The Gherkin, London

One of London’s most recognisable landmarks, 30 St Mary Axe (affectionately called “the Gherkin”) was built under a JCT contract. The 76,400 square metres project was commissioned by Swiss Re to replace the Baltic Exchange, which had been damaged by an IRA bomb in 1992. When planners realised the Exchange could not be recovered, they agreed to consider plans that were architecturally significant and unique. They sought an innovative, functional building that would not be too imposing on the traditionally narrow London streetscape. The Gherkin…

Oval Cricket Ground, London

Oval Cricket Ground, London

The 14,500 seat stand at this world-renowned stadium was completed in 2005 for Surrey County Cricket Club by Taylor Woodrow under a JCT Major Project Construction Contract. The £25m project involved the replacement of the existing stands with a new multi-level building with four seating tiers, three levels of hospitality lounges and an open promenade terrace. The original concept was developed by HOK SVE, with The Miller Partnership completing the detailed design, interior and landscaping. The sweeping aerofoil roof provides a setting and focus for…