What do Recent Amendments to the JCT Design and Build Contract Mean for Your Construction Project?

The Joint Contracts Tribunal (JCT) recently published an amended version of one of their most widely used contracts, the Design and Build contract.

JCT's Design and Build contract 2016 (DB 2016) makes a number of amendments:

• revisions to the Contract Particulars serve to bring the contract up to date such as the removal of the reference to the revoked Site Waste Management Plans Regulations 2008
• the Contract Particulars are no longer divided in to two parts
• collateral warranties and third party rights are now covered in the Contract Particulars and at section 7
• Sub-contractors are also granted greater flexibility to issue third party rights in place of collateral warranties

The amendments made in DB 2016 are pertinent to both employers and contractors. Contractors are now required to appoint a permanent Site Manager. Employers meanwhile should be aware of a change in the approach to payment provisions. DB 2016 incorporates a procedure to assess loss and expense more promptly than the 2011 contract which will come as welcome news to contractors.

Employers will be aware that it is important to ensure that contractors and consultants hold the requisite level of insurance in order to protect the employer's interests should a claim need to be made. DB 2016 simplifies the insurance provisions and introduces a solution to the problem of unavailability of a joint names policy to insure existing structures.

While the JCT has made revisions the need to get the contract right for your construction project remains as important as ever.

If you have any questions about this or any other construction law issue, please contact Scott Mounfield in our Commercial Property Law Team on 0117 314 5676.