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View the related checklists about JCT

Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

View the related flowcharts about JCT

Extension of time claim process in JCT SBC 2011—flowchart [Archived]

Extension of time claim process in JCT SBC 2011—flowchart

Final payment in JCT Standard Building Contract 2011—flowchart [Archived]

Final payment in JCT Standard Building Contract 2011—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the final

View the related practice notes about JCT

JCT contracts

This Practice Note explains who the JCT are and provides an overview of the most commonly used standard form building contracts that they produce.Reference copies of the contracts and associated guides are available in the relevant JCT subtopics (ie JCT contracts 2024, JCT contracts 2016, JCT contracts 2011, JCT contracts 2005 and JCT contracts 1998) under the ‘Forms’ tab, and also in the following documents:•JCT contracts 2024—reference copies•JCT contracts 2016—reference copies•JCT contracts 2011—reference copies•JCT contracts 2005—reference copies•JCT contracts 1998—reference copiesWho are the JCT?JCT stands for Joint Contracts Tribunal. The JCT was formed in 1931 and now consists of the following member bodies:•the Royal Institute of British Architects•the Contractors Legal Group Ltd•the Royal Institution of Chartered Surveyors•the Local Government Association•the Scottish Building Contract Committee Ltd•Build UK Group Ltd•the British Property FederationEach of these member bodies nominates a director to the JCT Board.The JCT has produced a standard form of building contract since 1931 (although the forms were not referred to as JCT until 1977). It now produces a wide range of...

Fitness for purpose in construction contracts

Fitness for purpose in construction contracts A contractor or consultants’ standard of care in relation to design is a common source of disagreement between the parties to a construction project. In most cases the contractor or consultant will be trying to avoid accepting a 'fitness for purpose' obligation in relation to the design—either express or implied. This Practice Note examines what the so-called 'fitness for purpose' obligation is, who is subject to it and who isn't, where it comes from and why contractors and consultants are keen to avoid accepting it. It also includes example clauses and considers whether a contractor should accept them. The amount of design that a contractor or consultant may carry out under their contract or appointment will vary but, regardless of the extent of design undertaken, the principles dictating the standard of care in respect of that design will be the same. Where does the fitness for purpose obligation come from? The fitness for purpose obligation derives from legislation regarding product liability and...

View the related precedents about JCT

Letter to developer client at the start of development project

Letter to developer client at the start of development project To: [insert client name and address] Date: [insert date] Dear [contact name] [Project name/Address] Thank you for instructing us in relation to [description of project and address]. So that we have as much information as possible at the outset of this project, and to highlight any key issues, I would be grateful if you could confirm the following and bring any relevant documents [including those listed in the schedule to this letter] to our meeting on [date]: The works • A full description of the intended project (ie intended floor area, how many floors, any car parking, etc) • Will the works constitute the construction of, or building works to, a ‘higher-risk building’ for the purposes of the Building Safety Act 2022? • Intended start on site date • Intended completion date • Estimated construction cost • Have any members of the design/construction team been selected, particularly the principal designer and principal contractor? • Has a...

Termination notice—construction contracts

Termination notice—construction contracts Termination notice [To] [Date] By [Email, Fax and First Class Pre-Paid Post] Dear [insert name of contractor/sub-contractor] Contract between [insert name] and [insert name] for [insert description of works] at [insert address] dated [insert address] [with order number OR reference number] [insert any applicable contract order number or reference number] OR (‘the Contract’) Notice of Termination [Pursuant to Clause [insert relevant clause number, eg 8.4.2 of JCT SBC/Q 2011/2016/2024 or DB 2011/2016/2024] of the Contract] We write with regard to the Contract and further to our notice dated [insert date] (our ‘Notice of Intention to Terminate’) setting out details of your default(s) under the Contract and our intention to terminate your employment in accordance with clause [insert relevant clause number eg 8.4.2 of JCT SBC/Q 2011/2016/2024 or JCT DB

View the related q&as about JCT

How does the JCT Design and Build Contract 2024 address liability under the Defective Premises Act 1972?

How does the JCT Design and Build Contract 2024 address liability under the Defective Premises Act 1972? The Defective Premises Act 1972 (DPA 1972) imposes statutory duties on parties providing works and services in relation to dwellings (ie residential properties). Specifically, under DPA 1972, a person who takes on work: • for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or • in relation to a building containing one or more dwellings (DPA 1972, s 2A), owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, and with proper materials, so that on completion of the work the dwelling is ‘fit for habitation’. The persons who owe these duties (ie, those taking on the works) include contractors, designers and property developers providing works and services in relations to dwellings. The parties to whom the duties are owed include those with legal or equitable interests in the affected dwellings, such as purchasers or...

View the related News about JCT

Construction weekly highlights—1 May 2025

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) found that parties had concluded a construction contract through WhatsApp messages (Jaevee v Fincham), a case in which the Court of Session considered competing interpretations of a settlement agreement arising from a construction dispute (Dragados v Port of Aberdeen), a case in which the TCC rejected jurisdictional and natural justice challenges to an adjudicator’s decision (LAPP Industries v 1st Formations), Homes England’s updated Cladding Safety Scheme (CSS) guidance on pre-tender support, the Public Procurement (Revocation) Regulations 2025 coming into force, the Department for Energy Security and Net Zero (DESNZ)’s consultation on the revised National Policy Statements, and a statement from the Construction Leadership Council (CLC) highlighting the impact of US tariffs on the UK construction sector.

Construction weekly highlights—17 April 2025

This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) regarding its forthcoming Target Cost Contract, analysis of a case in which the Technology and Construction Court (TCC) considered whether a substation owner had been entitled to implement a more expensive scheme of remedial works (Southern Electricity v OCU Modus), a case in which the TCC dismissed a claim against a consultant on the basis that the defects in dispute arose from workmanship and not design (MJS Projects v RPS Consulting), and publication of the Office for National Statistics (ONS)’s construction output for February 2025