JCT contracts tend to be lengthy documents which is unsurprising bearing in mind the complexity of their subject matter and the potential scenarios which can occur on a live project. The Standard JCT Contract is drafted to suit larger works, or works of a complex nature that involve a high degree of building services or specialist work and its drafting to include provisions allowing: A key question that is often asked is which form of JCT contract should I choose for my project. The answer as to which form is most appropriate will depend upon the nature of the project and the most suitable procurement route for that project, taking into account project deliverables as to time, cost and quality. A further factor to then consider is whether the conditions within the standard suites should be amended to suit the specific needs of your project. The employer appoints an architect/contract administrator and quantity surveyor to administer the contract Can be used where there is design input from the contractor in relation to discrete parts of the works – the Contractor’s Designed Portion

The employer may also be looking for greater cost certainty by removing the contractor’s right to claim loss and expense for certain Relevant Matters. The JCT contracts provide that the employer holds the retention monies in a fiduciary capacity and requires the employer, upon request, to put the retention monies into a separate retention account. This drafting is commonly amended so that the employer can treat the retention as its own funds until it is due to be paid to the contractor. The JCT Minor Works Building Contract (Minor Works) is designed for smaller, basic construction projects where the work is of a simple nature. Accordingly, the insurance provisions are shorter and simpler than those in contracts such as the JCT Design and Build Contract. However, it is still very important to carefully consider the insurance provisions contained in Section 5 of the contract and ensure that they meet the project requirements.It is very common for employers to amend the JCT forms of contract to cover their requirements for the project. Recitals covering a brief description of the works and the associated contract documents and Articles which include the contract sum (if it is a lump sum contract) The RIBA Domestic Building Contract , together with all of the other RIBA Professional Services Contracts, are available digitally from RIBA Contracts Digital – www.ribacontracts.com . In addition, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require that all consumers are provided with the information on the right to cancel, including the procedure to be followed. If this is not provided, the normal statutory cancellation period of 14 days can be extended by up to a year 4 (a significant risk to the contractor). Both the RIBA DBC and JCT HO/O include a cancellation form, a convenient addition for consumer client and contractor.

The employer appoints an independent contract administrator, usually the architect or another member of the professional team There are a few other less significant changes to the insurance provisions, designed to simplify and clarify. It is worth noting that JCT has not provided for professional indemnity insurance, so if the contractor is carrying out any design the employer may wish to amend the standard form to cater for this. The contract period states how long the contractor has to complete the works. That said, if the contract administrator instructs additional work as a variation, either to suit the employer’s needs or because additional repairs cause the work to increase, then the contractor can have more time. The employer (through its advisers) will also need to provide drawings, a specification, or work schedules to specify the quantity and quality of work at tender stage. When using the Minor Works Building Contract with contractor’s design, the employer must also detail the requirements for the parts of the works that the contractor is to be responsible for designing.Most clients for domestic projects would be acting as ‘consumers’. They are individuals, not companies, and not entering into the project in the normal course of their business 1. Consumers are protected by the Consumer Rights Act 2015, which requires all terms to be ‘transparent’ (i.e. expressed in plain and intelligible language) and provides that any ‘unfair’ 2 term can be avoided by the consumer. The RIBA DBC and JCT HO/O are both drafted to comply with these requirements. Although some commercial contracts may appear clear, they would need to be screened for terms that might be potentially unfair. 3. There is no independent contract administrator – the employer appoints an agent to act on its behalf Ensuring that you select the correct building contract for your client or project is key. Having a building contract that includes the appropriate clauses and conditions to match the requirements of the project is paramount.

Making the contract unilaterally assignable by the employer, as the unamended JCT requires the contractor’s consent for the employer to assign in most circumstances. If the employer is looking for ‘ single point responsibility’ from the contractor, the JCT Design and Build Contract 2016 needs to be amended to make the contractor responsible for all the design, including any design in the Employer’s Requirements, as this is not the case in the unamended JCT Design and Build Contract 2016. This is also commonly insisted upon by a funder. The amount to be stated as due in the interim certificate is made up of the applicable percentage (e.g. 95%, as stated in the Contract Particulars at 4.3) of the value, as at the Interim Valuation Date, of:The JCT Minor Works Building Contract is designed for smaller, basic construction projects where the work is of a simple nature. Minor Works Building Contracts are suitable for projects procured via the traditional or conventional method. A starting point is, who will be involved in the project? The RIBA DBC and JCT HO/O both include a role for an independent contract administrator (CA), as do the commercial contracts. The RIBA DBC and JCT HO/O both also envisage a situation where the client may wish to deal directly with the contractor. The JCT HO/O comes in two versions: one including a Consultancy Agreement, where a consultant is appointed to oversee the work; and the second where a consultant has not been appointed. The RIBA DBC has an option (clause 19) where the client can act as CA. If the client prefers this arrangement, perhaps because they have already worked with this contractor, then one of these forms would be a suitable choice. There may be other reasons for an extension of time, for example, delays due to exceptionally bad weather. The contract administrator will assess this. Provisional sums The Joint Contracts Tribunal (JCT) publishes a suite of standard form contracts which are commonly used in construction projects in the UK. At the time of writing, the JCT 2016 editions are the latest versions, with the next versions expected to be the 2024 editions.