JCT Pre-Construction Services Agreement

The following Construction practice note provides comprehensive and up to date legal information covering:

  • JCT Pre-Construction Services Agreement
  • Use of the JCT Pre-Construction Services Agreement
  • Key features
  • Term
  • Services provided under the JCT PCSA
  • Third party agreements
  • Design liability
  • Standard of care
  • Sub-contracting
  • Payment
  • More...

JCT Pre-Construction Services Agreement

The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing Grants, Construction and Regeneration Act 1996 introduced by the Local Democracy, Economic Development and Construction Act 2009, and the most recent version was published in 2017 (labelled as the 2016 edition as it forms part of the 2016 JCT suite). This Practice Note looks at both the 2011 and 2016 editions, which are largely similar in their terms.

There are two forms of the JCT Pre-Construction Services Agreement:

  1. the Pre-Construction Services Agreement (General Contractor) (PCSA)—entered into by the 'Employer' and 'Contractor'

  2. the Pre-Construction Services Agreement (Specialist) (PCSA/SP)—entered into by the 'Purchaser' and 'Specialist'

This Practice Note focuses principally on the PCSA but the terms of the PCSA/SP are broadly the same. The terms of both forms are largely similar to those commonly found in a consultant’s appointment.

For more information about pre-construction services agreements in the construction industry, see Practice Note: Pre-construction services agreements.

Use of the JCT Pre-Construction Services Agreement

The PCSA is intended to be used, in a two stage tender process, to cover the appointment of a contractor to provide ‘pre-construction services’ during the period following first stage tenders and prior to the award of the ultimate main contract. For a ‘Specialist’, the PCSA/SP will be entered into for the

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