What does JCT mean? JCT refers, in practice, to the Joint Contracts Tribunal and its suite of standard-form construction contracts used to procure building works and services. It is an industry shorthand rather than a term defined in legislation or case law. The JCT suite (including Design and Build, Standard Building Contract, Intermediate, Minor Works, term and framework contracts, sub-contracts and collateral warranties) provides a structured allocation of risk and clear provisions on design responsibility, payment and retention, variations, extensions of time, liquidated damages, loss and expense, insurance, termination and dispute resolution (including adjudication under the UK “Construction Act”). Usage varies by jurisdiction: - England and Wales:...
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A Collateral Warranty is an agreement that is ancillary to, or runs alongside, the underlying or primary contract (ie the construction contract or a consultant’s appointment). Most collateral warranties pick up the duties and obligations set out in the underlying contract, and the warrantor promises to a third party that it has carried out those duties and obligations in accordance with that contract. For further general information on collateral warranties, see Practice Note: What are collateral warranties?
The JCT has issued a number of standard form collateral warranties, with the following being the most commonly used:
For a summary of the differences between the 2016 and 2024 versions, see News Analysis: JCT 2024 Contractor and Sub-Contractor Collateral Warranties released...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...