The much-anticipated new editions of the Joint Contracts Tribunal (JCT) contracts are being rolled out, starting with the JCT Design and Build Contract 2024, which was published on 17 April 2024.
The new edition does not represent a wholesale re-write of the JCT terms, but several changes have been made which reflect concerns from contractors, including softening some of the risks to be taken on by a design and build contractor. There is also optionality for some shared risk allocation, whereby the contractor is entitled to an extension of time but not loss and expense. The contract has also been modernised and seeks closer alignment with the Construction Playbook.
Key changes include:
- An express exclusion of any fitness for purpose obligation in relation to design.
- Relief events for the occurrence of an epidemic.
- Extension to the relief events following the exercise of statutory powers.
- Provisions catering for the discovery of asbestos, contaminated materials and unexploded ordnance.
- A greater emphasis is placed on collaborative working, sustainable development and notification of disputes provisions, all of which were previously optional, by moving these provisions into the main contract terms.
For our detailed briefing note on the changes to the JCT Design and Build Contract 2024, please contact realestatepsls@hsf.com.
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