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Fri May 03 2024

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JCT changes dismissed as insubstantial

22 Apr Contract revisions from the Joint Contracts Tribunal (JCT) have been dismissed as inadequate by at least one critic.

The first new contract form, Design & Build, was released last week
The first new contract form, Design & Build, was released last week

The 2024 JCT Edition of Contracts is scheduled for release on 1st May, with revisions taking into account  legislative changes since the last edition in 2016, as well as changing social mores.

Some updates relate to the new Part 2A of the Building Regulations and the Corporate Insolvency and Governance Act 2020.

Gender-neutral language has also been adopted in the new contracts.

“A tremendous amount of hard work has gone into the preparation of JCT 2024,” said Victoria Peckett, chair of the JCT drafting subcommittee.

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However, David Lukic, planning and construction solicitor at law firm Weightmans was markedly unenthusiastic. “The changes published by the joint contracts tribunal (JCT) are more of a tinkering around the edges than a real shift in policy,” he said. “The publication represents a change in emphasis, rather than process.”

Mr Lukic continued: “The JCT wants construction projects to be more collaborative. Previously optional clauses on collaborative working and early disputes notifications are now included in the contract’s main provisions, for example. This seeks to encourage a more co-operative approach between client and contractor and encourages them to find practical, equitable solutions instead of considering their legal rights in isolation.

“There are some entirely new clauses – for instance, the document sets out that a contractor must occupy the roles of both principal designer and principal contractor in relation to the building regulations updated by the Building Safety Act 2022.

"But overall, the changes are minimal, light on detail and do little to address many of the uncertainties industry stakeholders had been hoping for.”

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