JCT - At The Cutting Edge of JCT Contracts 2011

Course background

• From 2005 to 2010 there has been an avalanche of new or revised contracts from the JCT, including its first Framework Agreement and first Partnering contract.
• This RECENTLY UP-DATED 1 DAY COURSE brings all of these changes together, including those operating generally across JCT contracts, those contract specific, and any new contracts. The course will cover documents published at the date of the course.

Speakers’ panel:

The speaker for each course will be from a panel of Lorne Alway, Ryland Ash, Jaz Bilkhu, Steven Evans, Peter Ormston and Michael Rowlinson

OVERVIEW

Across the contracts changes

• Section headings, integration of sectional completion and design portions supplements; simplification; abbreviation and modernisation of wording; changes in dispute resolution provisions; review of extension of time and L+E clauses; removal of statutory material and procedural matters; Appendix replaced
• Contracts covered will include the following, together with the other contracts and amendments published prior to the course: - SBC, Intermediate, Minor Works, Framework, Repair and Maintenance and Measured Term
• Revision 2 updates including SBC and D&B

JCT 2005 standard building contract

• Reduced number of versions: integrated options built into the contract for – Contractor’s Design Portion; division of work into sections; third party rights; Sub-Contractor collateral warranties; Design document procedures; PI Insurance; exclusions from SBC 2005 when compared with JCT 98 including Performance Specified Work and Nominated Sub-Contractors; review of adjustment to completion date and L+E provisions; clarification of payment provisions
• Related Sub-Contracts

JCT 2005 intermediate building contract + with contractor’s design

• Changes including new design version; Named Sub-Contractors; division of the works; inclusion for collateral warranties; omissions will be covered
• Related Sub-Contracts

JCT 2005 minor works building contract + with contractor’s design

• Replaces JCT MW 1998; traditional form and with a Contractor Design version

JCT 2005 framework agreement

• Non-binding and binding versions
• Role of the Framework Agreement; parties to work with each other, legal status of framework agreement; organisational structures; decision making; collaborative working; supply chains; information sharing; confidentiality; risk; health and safety; environmental considerations; value engineering; change control; problem solving; performance indicators; termination

JCT 2006 repair & maintenance contract (commercial)

• For simple, one-off jobs

JCT 2006 measured term contract

• Formatting changes, added flexibility; simplification of pricing mechanisms including a schedule of hourly charges

Sub-contracts for Standard Building Contract and ...

• Design and Build
• Intermediate
• Minor Works
• Generic Sub-Contract
• Generic Sub-Sub-Contract

Constructing Excellence (Partnering Contract)

Pre-Construction Services Agreement

Consultancy Agreement

Construction Management Appointment

Management Contract

Collateral Warranties

The New Construction Act

• Likely impact on JCT Family.
• Brief Review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication provisions.