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Background This appeal concerned the proper interpretation of a termination clause within a building contract. The parties adopted the Joint Contracts Tribunal (JCT) Design and Build Contract 2016, a standard-form agreement very widely used across the construction industry. The wording of the termination clause in dispute is unchanged in the 2024 edition of the JCT contract. The contract was between Hexagon Housing Association Ltd (the Employer) and Providence Building Services Ltd (the Contractor). Under that agreement, the Contractor was to construct buildings in Purley, London, in accordance with the Employer’s specification. A timetable governing payments formed part of the bargain. The dispute centred on two instances of late payment by the Employer. In December 2022, the Employer paid the Contractor 14 days after the date for payment. In May 2023, the Employer again failed to pay on time; on the following day, the Contractor issued a notice purporting to terminate the contract. The Contractor’s case was that the contract permitted termination upon two late payments...
On 15 May 2024, the Joint Contracts Tribunal (JCT) released its 2024 versions of the Minor Works Building Contract (MW), the Minor Works Building Contract with contractor’s design (MWD), the Minor Works Sub-Contract with sub-contractor’s design (MWSub/D), the Short Form of Sub-Contract (ShortSub) and the Sub-subcontract (SubSub) 2024. This follows the 17 April 2024 publication of the Design and Build Contract and the Design and Build Sub-Contract Agreement and Conditions, together with the related guides (see News Analysis: The JCT Design and Build Contract 2024—what’s changed?). These forms sit alongside the April releases and guides. The JCT MW and MWD suites are geared for schemes of relatively modest value where the Contractor must perform the construction works, and, for MWD, also undertake a defined element of the design responsibilities. MW covers the works, whilst MWD includes a contractor-designed portion carried out by the Contractor. The JCT MWSub/D is designed for projects where the main contract adopts the JCT MWD form, and sets out obligations concerning designs delivered by the sub-contractor...
Share your insights here What are the key changes introduced into the SBCC 2024 Contracts? The SBCC 2024 Contracts have been updated in line with the parallel Joint Contracts Tribunal (JCT) standard forms used in England and Wales, amounting to ‘kilted versions’ of those JCT documents, with departures introduced to accommodate the distinct legal framework north and south of the border. Overall, the revisions are arranged around three central aims that mirror the approach taken for the corresponding JCT suite and clarify how Scottish practice aligns with, yet differs from, the position in England and Wales: capturing legislative developments since the 2016 editions; future proofing the forms; modernising and streamlining the drafting. Legislative changes For England and Wales, notable amendments to the JCT contracts respond to the Building Safety Act 2022, in particular Part 2A dealing with the regulation of higher-risk buildings. Where that statute has only a limited bearing in Scotland—such as the prescriptive time limits applicable to certain...
Practice Note This Practice Note consolidates our content on the amendments as introduced in the 2024 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It collates all our relevant content regarding the changes introduced in the 2016 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z JCT contracts The leading standard form of building contracts, which are issued by the Joint Contracts Tribunal (JCT). For further information, see the Practice Note: JCT contracts. Joint Contracts Tribunal (JCT) Industry organisation with representatives from all parts of the construction sector...