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PRACTICE NOTES
This Practice Note explains who the JCT are and provides an overview of the most commonly used standard form building contracts that they produce. Reference copies of the contracts and associated guides are available in the relevant JCT subtopics (ie JCT contracts 2024, JCT contracts 2016, JCT contracts 2011, JCT contracts 2005 and JCT contracts 1998) under the ‘Forms’ tab, and also in the following documents: • JCT contracts 2024—reference copies • JCT contracts 2016—reference copies • JCT contracts 2011—reference copies • JCT contracts 2005—reference copies • JCT contracts 1998—reference copies Who are the JCT? JCT stands for Joint Contracts Tribunal. The JCT was formed in 1931 and now consists of the following member bodies: • the Royal Institute of British Architects • the Contractors Legal Group Ltd • the Royal Institution of Chartered Surveyors • the Local Government Association • the Scottish Building Contract Committee Ltd • Build UK Group Ltd • the British Property Federation Each of these member bodies nominates a director to the JCT Board. The JCT has produced a standard form
PRACTICE NOTES
This document contains searchable quick links to PDF copies of the JCT 1998 standard form contracts. See also: • JCT contracts 2024—reference copies • JCT contracts 2016—reference copies • JCT contracts 2011—reference copies • JCT contracts 2005—reference copies • FIDIC contracts—reference copies • CIOB contracts—reference copies Standard Building Contract • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition Amendment 1: 1999 • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition Amendment 2: 2000 • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition Amendment 3: 2001 • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition Amendment 4: 2002 • JCT Standard Form of Building Contract With Contractor's Design 1998 Edition Amendment 5: 2003 • JCT Standard Form of Building Contract 1998 Edition Contractor's Designed Portion Supplement With Quantities • JCT Standard Form of Building Contract 1998 Edition Contractor's Designed Portion Supplement Without Quantities • JCT Standard Form of Building Contract Private Without Quantities 1998 Edition • JCT
PRACTICE NOTES
This document contains searchable quick links to PDF copies of the JCT 2005 standard form contracts. For other standard form contracts see: • JCT contracts 2024—reference copies • JCT contracts 2016—reference copies • JCT contracts 2011—reference copies • JCT contracts 1998—reference copies • FIDIC contracts—reference copies • CIOB contracts—reference copies Design and Build Contract • JCT Design and Build Contract 2005 Edition • JCT Design and Build Contract 2005 Edition incorporating Revision 1: 2007 • JCT Design and Build Contract 2005 Edition incorporating Revision 2: 2009 • JCT Design and Build Contract Guide 2005 Edition • JCT Design and Build Contract Guide 2005 Edition incorporating Revision 2: 2009 • JCT Design and Build Sub-Contract Agreement 2005 Edition • JCT Design and Build Sub-Contract Agreement 2005 Edition incorporating Revision 1: 2007 • JCT Design and Build Sub-Contract Agreement 2005 Edition incorporating Revision 2: 2009 • JCT Design and Build Sub-Contract Conditions 2005 Edition • JCT Design and Build Sub-Contract Conditions 2005 Edition incorporating Revision 1: 2007 • JCT Design and Build Sub-Contract Conditions 2005 Edition incorporating Revision 2: 2009 • JCT Design and Build Sub-Contract Guide 2005
PRACTICE NOTES
This document contains searchable quick links to PDF copies of the JCT 2011 standard form contracts. For our full selection of materials on the JCT 2011 contracts, see subtopic: JCT contracts 2011. See also: • JCT contracts 2016—reference copies • JCT contracts 2005—reference copies • JCT contracts 1998—reference copies • FIDIC contracts—reference copies • CIOB contracts—reference copies Design and Build • JCT Design and Build Contract (DB) 2011 • JCT Design and Build Contract Guide (DB/G) 2011 • JCT Design and Build Sub-Contract Agreement (DBSub/A) 2011 • JCT Design and Build Sub-Contract Conditions (DBSub/C) 2011 • JCT Design and Build Sub-Contract Guide (DBSub/G) 2011 • JCT Design and Build Contract 2011 Amendment • JCT Design and Build Sub-Contract 2011 (DBSub/A and DBSub/C) Amendment Standard • JCT Standard Building Contract With Quantities (SBC/Q) 2011 • JCT Standard Building Contract Without Quantities (SBC/XQ) 2011 • JCT Standard Building Contract With Approximate Quantities (SBC/AQ) 2011 • JCT Standard Building Contract Guide (SBC/G) 2011 • JCT Standard Building Sub-Contract Agreement (SBCSub/A) 2011 • JCT Standard Building Sub-Contract Conditions (SBCSub/C) 2011 • JCT Standard Building Sub-Contract with sub-contractor’s design Agreement (SBCSub/D/A) 2011
PRACTICE NOTES
This document contains searchable quick links to PDF copies of the JCT 2016 standard form contracts. For our full selection of materials on the JCT 2016 contracts, see subtopic: JCT contracts 2016. For schedules of amendments for some of the JCT 2016 contracts listed below, see Practice Note: JCT contracts—Schedules of Amendments. See also: • JCT contracts 2011—reference copies • JCT contracts 2005—reference copies • JCT contracts 1998—reference copies • FIDIC contracts—reference copies • CIOB contracts—reference copies Design and Build • JCT Design and Build Contract (DB) 2016 • JCT Design and Build Contract Guide (DB/G) 2016 • JCT Design and Build Sub-Contract Agreement (DBSub/A) 2016 • JCT Design and Build Sub-Contract Conditions (DBSub/C) 2016 • JCT Design and Build Sub-Contract Guide (DBSub/G) 2016 • JCT Design and Build Contract 2016 – Contract Administration Model Forms Standard • JCT Standard Building Contract With Quantities (SBC/Q) 2016 • JCT Standard Building Contract Without Quantities (SBC/XQ) 2016 • JCT Standard Building Contract With Approximate Quantities (SBC/AQ) 2016 • JCT Standard Building Contract Guide (SBC/G) 2016 • JCT Standard Building Sub-Contract Agreement (SBCSub/A) 2016 • JCT Standard Building Sub-Contract
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note brings together our content on the changes made in the 2016 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts. Publication of the 2016 editions The 2016 editions of the JCT standard form contracts were published as follows: Date Contracts published 15 June 2016 Minor Works Building Contract family (MW, MWD and MWSub/D) 20 July 2016 Short Form of Sub-Contract (ShortSub)Sub-subcontract (SubSub) 22 September 2016 Design and Build family (DB, DBSub/A and DBSub/C) 31 October 2016 Standard Building Contract family (SBC/Q, SBC/AQ, SBC/XQ, SBCSub/A, SBCSub/C, SBCSub/D/A and SBCSub/D/C) 21 November 2016 Collateral Warranties (CWa/F, CWa/P&T, SCWa/E, SCWa/F and SCWa/P&T) 7 December 2016 Intermediate Building Contract family (IC, ICD, ICSub/A, ICSub/C, ICSub/D/A, ICSub/D/C, ICSub/NAM, ICSub/NAM/C, ICSub/NAM/E) 30 March 2017 Constructing Excellence Contract (CE)Consultancy Agreement (Public Sector) (CA)Framework Agreement (FA)Major Project Construction Contract family (MP and MPSub)Measured Term Contract (MTC)Pre-Construction Services Agreement (PCSA and PCSA/SP)Prime Cost Building Contract (PCC)Repair and Maintenance
PRACTICE NOTES
This Practice Note contains searchable quick links to PDF copies of the JCT 2024 standard form contracts. Design and Build • JCT Design and Build Contract 2024 • JCT Design and Build Contract Guide 2024 • JCT Design and Build Sub-Contract Guide 2024 • JCT Design and Build Sub-Contract Agreement 2024 • JCT Design and Build Sub-Contract Conditions 2024 • JCT Design and Build Contract 2024—Contract Administration Model Forms Standard • JCT Standard Building Contract With Quantities 2024 • JCT Standard Building Contract Without Quantities 2024 • JCT Standard Building Contract With Approximate Quantities 2024 • JCT Standard Building Contract Guide 2024 • JCT Standard Building Sub-Contract Agreement 2024 • JCT Standard Building Sub-Contract Conditions 2024 • JCT Standard Building Sub-Contract with sub-contractor’s design Agreement 2024 • JCT Standard Building Sub-Contract with sub-contractor’s design Conditions 2024 • JCT Standard Building Sub-Contract Guide 2024 • JCT SBC 2024 Admin—Contract Administration Model Forms Intermediate • JCT Intermediate Building Contract 2024
FLOWCHARTS
Introduction This flowchart illustrates the process for Variations under the JCT Standard Building Contracts 2024 and Changes under the JCT Design and Build Contract 2024.
PRACTICE NOTES
This Practice Note brings together our content on the changes made in the 2024 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts. Publication of the 2024 editions The 2024 editions of the JCT standard form contracts were published as follows: Date Contracts published 17 April 2024 Design and Build Contract family (DB, DBSub) 15 May 2024 Minor Works Building Contract family (MW, MWD and MWSub/D)Short Form of Sub-Contract (ShortSub)Sub-subcontract (SubSub) 10 July 2024 Intermediate Building Contract family (IC, ICD, ICSub and ICSub/D) 21 August 2024 Standard Building Contract family (SBC/Q, SBC/XQ, SBC/AQ, SBCSub, SBCSub/D)Collateral Warranties (CWa/F, CWa/P&T, SCWa/F, SCWa/P&T, SCWa/E) 4 September 2024 Pre-Construction Services Agreement family (PCSA, PCSA/SP)Consultancy Agreement (CA) 2 October 2024 Repair and Maintenance Contract (RM) 16 October 2024 Major Project Construction Contract family (MP, MPSub)Prime Cost Contract (PCC)Constructing Excellence family (CE, CE/P) 5 March 2025 Construction Management Contract family (CM/A, CM/TC, CM/G, CMWa/F, CMWa/P&T, TCWa/F, TCWa/P&T)Management Building Contract family (MC, MCWC/A, MCWC/C, MCWC/E, MC/G, MCWa/F, MCWa/P&T, WCWa/F, WCWa/P&T)Framework Agreement
PRACTICE NOTES
This document contains quick links to precedent schedules of amendments to various JCT 2024 and JCT 2016 standard form construction contracts. For our full selection of materials on the JCT 2024 and JCT 2016 contracts, see: JCT contracts 2024—overview and JCT contracts 2016—overview. For links to pdf reference copies of the JCT 2024 and JCT 2016 contracts, see Practice Notes: JCT contracts 2024—reference copies andJCT contracts 2016—reference copies. For the Scottish Building Contract Committee (SBCC) contracts, see also Practice Note: SBCC (Scottish Building Contract Committee) standard forms of contract and Precedents: Schedule of Amendments to SBCC Design and Build Contract for use in Scotland (DB/Scot) 2016, Schedule of Amendments to SBCC Standard Building Contract With Quantities for use
PRACTICE NOTES
This Practice Note considers the obligations in relation to design in the JCT suite of contracts—primarily the Design and Build Contract (D&B) and the Standard Building Contract (SBC) where a Contractor’s Designed Portion is used (otherwise known as a CDP). It also references the Intermediate and Minor Works contracts. The JCT suite of contracts provides for the Contractor to be responsible for design to varying degrees. The Employer may choose to follow a design and build procurement route by using the D&B form which provides that the Contractor is responsible for completing the whole of the design. Alternatively, where a traditional procurement route is followed, the Contractor can still be responsible for an element of the design by using one of the traditional forms, such as the SBC, but including the optional CDP. This Practice Note describes how responsibility for design is allocated in the D&B and SBC forms, and looks at other key provisions relating to design, including how the contracts deal with discrepancies between various design documents, copyright, and the standard of care to be exercised in relation
PRACTICE NOTES
This Practice Note looks at the dispute resolution provisions in JCT contracts, of which most make provision for mediation, adjudication and litigation or arbitration, as well as referring to direct negotiations. It also considers the impact of the adjudication clause, and the JCT Rules for Adjudication (for use with the JCT Building Contract and Consultancy Agreement for a home owner/occupier). This Practice Note primarily focuses on the position under the JCT Design and Build Contract 2011, 2016 and 2024 (D&B) and the JCT Standard Building Contract 2011,2016 and 2024 (SBC), although equivalent provisions exist in most of the other JCT building contracts. Overview of the dispute clauses The dispute provisions are covered in section 9 of the D&B and SBC. The provisions are substantially the same in the 2011, 2016 and 2024 suites of contracts (though see ‘Direct negotiation’ below, for commentary on a key difference introduced to the D&B and SBC 2024). In addition, Articles 7–9 of the Contract Particulars add further clarifications, and the parties should also select appointing/nominating bodies against clauses 9.2.1 and 9.4.1 (9.3.1 and