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SBP LawAccess all documents on PPC2000
What standard forms are available? While take-up in the private sector is still modest, the government advocates the use of project bank accounts on public sector construction schemes. See Practice Note: Introduction to project bank accounts. In light of this, JCT, NEC and PPC2000 have each released standard form documentation. This Practice Note examines their respective approaches and the stand-out characteristics of these documents/clauses. JCT JCT first launched its Project Bank Account Documentation in 2010. It was reissued within the JCT 2011, 2016 and 2024 suites, with no material textual alterations. The 2011 edition contained a consultation exercise report; in the 2016 and 2024 editions this was superseded by guidance notes. A Scottish edition was brought out by the SBCC in February 2023. These publications reflect continuity of content across the successive suites and editions over time. The 2024 materials are intended to facilitate establishment of a project bank account, and consist of three components: Project Bank Account Agreement (PBA) JCT Joining Agreement...
Partnering The idea of partnering arose in response to the criticisms directed at relationships in the construction sector by the Latham and Egan reports during the 1990s. Partnering highlights collaborative ways of working and continual improvement through performance measurement and long-term relationships, seeking to prevent many of the issues that stem from ‘traditional’ building contracts which, in certain respects, seem to expect failure rather than encourage success and advancement. A standard-form construction contract embodies many of the partnering principles championed by Latham. See Practice Note: Partnering. It was commissioned by the Association of Consulting Architects (ACA) and prepared by Trowers & Hamlin LLP. First released in 2000, further editions appeared in 2003, 2008 and 2013. It was the first standard-form partnering contract. In principle, the contract can be used for any kind of project and in any jurisdiction. Within the UK, it is widely adopted in the public sector (especially for social housing projects), while also being taken up on private sector projects...
What are project bank accounts? Project bank accounts are ring-fenced banking vehicles created for construction projects, intended to make payments straight to the contractor, sub-contractors, core team members and the wider supply chain (which can include consultants) on dates expressly agreed in the contract. Participants further down the construction chain do not need to wait for the contractor, or anyone higher up the contractual chain, to pass on their money—payment is executed by the bank directly to them, simultaneously and without intermediate handling, at the very moment the contractor is paid. These arrangements provide the supply chain with assurance that payments will be made promptly and without delay, and that sums properly due will be protected should the main contractor enter insolvency. In practice, project bank accounts are more commonly adopted, in many cases, on higher-value schemes across the sector—given the establishment and administration costs, together with the potential requirement to train a team unfamiliar with such arrangements and the process, parties may regard them as unsuitable for smaller...