142:(1986) recorded that the tribunal had been established jointly in October 1932 by the councils of the RIBA and NFBTE to consider suggestions for the amendment of the 1931 Form of Contract, and that each of those two bodies appointed one of the two Joint Secretaries. The Secretary RIBA had acted as the RIBA Joint Secretary until the early 1960s (Macalister to 1942, Spragg to 1959), when this appointment was performed by the Practice Secretary and then by the Legal Adviser. The archived documents are listed in the Guide as the
157:. This was described as an education and learning module for education and training providers, in-house training teams and independent tutors, providing materials for a comprehensive understanding of JCT contracts and JCT contractual procedures and looking at the roles of contractors, employers, sub-contractors and contract administrators and how JCT provisions deal with matters such as payment, control of the works and control of time.
402:, depending on the preferences of the parties, is also available for the settlement of disputes, but these are never appeals against the decision of an adjudicator; they are the consideration of the dispute or difference as if no decision had been made by an adjudicator. If arbitration is chosen, then the reference is conducted under JCT the amended version of the Construction Industry Model Arbitration Rules published by the
489:
Property
Federation, and the Scottish Building Contract Committee, together with two organisations of subcontractors – the Confederation of Associations of Specialist Engineering Contractors and the Federation of Specialists and Sub-Contractors (later superseded by the National Specialist Contractors Council and the Specialist Engineering Contractors) – and three local authority associations - of
379:(LAD) as an estimate of the payer's weekly losses if the payee fails to reach practical completion by the contractual completion date. If delays are for reasons beyond the contractor's control, the contractor can request an extension of time: if the contract administrator allows this, it in effect extends the period before which the contractor is liable to pay the LAD.
383:
ceased to perform the contract (e.g. the contractor has gone past the contractual completion date and has no plan to complete the contract), determination enables the other party to end their obligations (e.g. to pay the contractor to finish the project). This is in addition to the common law remedy of
508:
The Povey
Lecture was inaugurated in 2003 to honour Philip John Povey, who had served the JCT for some fifty years. A barrister by profession, from 1951 Povey was a legal adviser to the NFBTE (later the Construction Confederation) and at the same time began to assist the Joint Secretaries of the JCT,
414:
Lawbuild has proposed a number of amendments to the JCT contract to protect the client further, with the top four being: to ensure the contractor posts a 10% bond to cover the costs of finding a replacement contractor if the contractor goes into liquidation, to ensure the contractor obtains building
382:
The JCT introduced the concept of determination, whereby the contract can be terminated for suspension of works, failure to proceed regularly and diligently, failure to remove defective works, failure to execute works in accordance with the contract, or bankruptcy of the contractor. If one party has
327:
In 2007 JCT published the
Constructing Excellence Contract (JCT/CE), a contract designed to support collaborative working, as advocated by the Latham Report, and can trace its roots back to the "collaborative contract" published in 2003 by BE, a joint venture between the Reading Construction Forum
426:
The JCT makes no distinction between work completed by subcontractors and work completed by the contractor, so the client can end up paying the contractor for work certified and yet the contractor may not pay the subcontractor, for example through insolvency. It may then be hard to work with that
488:
It listed the constituent bodies of the tribunal at that time as the Royal
Institute of British Architects, the Building Employers Confederation (formerly NFBTE, later Construction Confederation), the Royal Institution of Chartered Surveyors, the Association of Consulting Engineers, the British
371:
of an agreed percentage of the contract sum until practical completion and then a percentage for a period after final completion. This avoids payment in advance for such things as minor defects or snagging which need to addressed at the end of the project or come to light after the project is
133:
was established in the 1930s by the Royal
Institute of British Architects (RIBA) and the National Federation of Building Trades Employers (NFBTE), to consider future proposals for amending the Form of Contract which had been published in 1931. Its first chairman, to 1956, was Sydney Tatchell,
418:
One of the most common disputes around building contracts is with regard to the interpretation of failure to proceed regularly and diligently, and whether the contractor is able to make a claim for loss of profits after determination. In contrast in the US, building contracts can normally be
364:(often an architect or surveyor). Often interim certificates are issued where itemised components of the work have been completed, or a verifiable percentage is complete. In the 2009 amendments, the payer or payee can issue the certificate if the contractor administrator fails to do so.
288:
JCT substantially revises and rewrites the family of forms every decade. The most recent suite is the 2016 version. Previous versions were dated 1998, 2005, 2009 amendments and 2011. These forms are considered to be the most popular construction contracts in use in the UK.
505:) is an annual event at which an eminent person is invited to speak on significant matters that are relevant to the construction and property industry. The purpose of the lecture is to encourage ways of continuing to improve the quality and value of construction output.
149:
Important new editions of the form were published in 1939, 1963 and 1980, and after the JCT had become a limited company further revised editions were published in 1998, 2005 and 2011. JCT Contracts are currently published by Sweet and
Maxwell Thomson Reuters.
202:(both for sub-contractors selected by the employer and for other sub-contractors): the DOM/1 sub-contract is suitable for use with the JCT's standard building contract, and the DOM/2 sub-contract is aligned with the design and build contract.
509:
later succeeding Howard Close as NFBTE Joint
Secretary before being appointed the first Secretary-General of the restructured Joint Contracts Tribunal Limited in 1998, retiring from JCT at the end of 1999. He died suddenly in 2001.
372:
complete. So the invoice at each point is a percentage of the value of the work certified complete. The payer can deduct an amount; however, under the 2009 amendments, the method for calculating the new amount must be stated.
608:
340:
Traditional JCT contracts were seen as too detailed and difficult to use in smaller domestic projects so JCT launched a consumer friendly range of contracts called the "Building
Contract for the Home Owner".
466:
477:
The Joint
Contracts Tribunal in 1989 commissioned a report examining the legal distribution of liability for defective products in the construction industry. Published in 1993 as a book with the title
277:
415:
regulations certificates before practical completion, to ensure the contractor must accept design changes, and to ensure the employer can control the identities of the contractor's designers.
320:
Contract (DB11), where the contractor has a greater level of responsibility for the design of a project than the "design portion" transferred to the contractor under the ICD contract above.
1068:
461:
noted that the payment provisions in the standard contract were "relatively and seemingly complex", but this came a consequence of the need to comply with the payment requirements of the
481:(Palmer and McKendrick), it included an account of the tribunal's origin and growth and a list of its seven chairman from 1931 to 1993, including Sydney Tatchell (1931-1956) and Sir
462:
360:
The JCT contracts avoid up-front payments from payers to payees. Instead, the payee invoices the payer once work has been certified as completed by an independent third party, the
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606:
308:
work or in other specialist cases, also
Intermediate Building Contract with contractor's design (ICD), where the contractor takes on a "portion" of the design function.
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1008:
77:
652:
435:
114:
100:
40:, the current operational structure comprises seven members who approve and authorise publications. In 1998 the JCT became a limited company.
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304:
Intermediate forms of Building Contract (IC11), for use where a moderate level of detail is required but less than that required for complex
107:
427:
subcontractor to complete the work. In contrast in some US states, monies due to subcontractors must be held in trust by the contractor.
403:
269:
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36:. From its establishment in 1931, JCT has expanded the number of contributing organisations. Following recommendations in the 1994
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25:
301:
Standard forms of Building Contract (SBC11), versions with and without quantities and with approximate quantities
1164:
1080:"JCT Povey Lecture 2019 – Our digital future: space and place in a digital world – The Joint Contracts Tribunal"
384:
1028:
1960-1973, P.H.P.Bennett 1973-1978, Norman Royce 1978-1983, Patrick H. Barry 1984-1988, Roger M. Squire 1988.
759:
361:
329:
146:, including copies of minutes and reports and papers concerning revision of the Form of Contract 1955-1961.
540:
Paul Drechsler (2012) – At the Crossroads – a wasted generation or inspired talent. The power to choose.
240:
920:
454:
258:
568:
Professor Peter Brandon (2005) – Design, Procurement and IT: Rolling back the frontiers of management?
70:
1026:
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means a group of all the mutually consistent documents necessary to operate a particular method of
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345:
Building Contract for Home Owner/Occupier (where the client deals directly with the builder) (HOB)
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641:
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James Wates (2006) – Joining up the dots: How the construction industry should punch its weight
1121:
1107:
669:
571:
Professor Roger Flanagan (2004) – Risk – yours, mine and ours – what is happening in the world
32:, guidance notes and other standard documentation for use in the construction industry in the
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317:
155:
JCT Contracts discovery: the education and learning module from the Joint Contracts Tribunal
29:
172:
and produced to enable them to be used together, including the following where applicable:
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33:
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as a quick way of resolving disputes which the parties cannot resolve between them.
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Professor Alan Penn (2019) - Our digital future: space and place in a digital world
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135:
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348:
Building Contract for Home Owner/Occupier (who has appointed a consultant) (HOC)
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169:
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The Royal Institute of British Architects: a guide to its archive and history
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247:
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Footnote 65 to the 2011 edition of the JCT Standard Building Contract.
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CBE (2003) – Vision for the Industry (formerly known as construction).
1147:
899:
Clause 9.3 of the 2011 edition of the JCT Standard Building Contract.
681:
998:, paragraph 14, delivered 14 August 2015, accessed 12 December 2023
994:
England and Wales High Court (Technology and Construction Court),
439:
212:
A design agreement between an employer and a specialist designer;
923:, published 2006, archived 3 April 2010, accessed 9 January 2022
467:
Local Democracy, Economic Development and Construction Act 2009
1142:
921:
Determination of contract by employer in construction industry
820:
Intermediate Building Contract with contractor’s design (ICD)
469:, both of which generate "unnecessarily complex provisions".
430:
Alternative forms of building contract available include the
1137:
996:
Henia Investments Inc v Beck Interiors Ltd EWHC 2433 (TCC)
908:
493:, of metropolitan authorities and of district councils.
1104:
Understanding JCT Standard Building Contracts - 8th ed
653:
NPG: Cyril Douglas Spragg (1894-1986), Secretary, RIBA
463:
Housing Grants, Construction and Regeneration Act 1996
423:
by the client, only paying for the work already done.
822:, current version ICD 2016, accessed 27 December 2023
328:
and the Design and Build Foundation (and now part of
559:
MP (2008) – The construction industry and Government
144:
RIBA Joint Secretary's Papers, 1932-1944, 1952-1971
1025:and listing the other five chairmen as A.B.Waters
562:Bob White (2007) – Innovation in the change agenda
351:Contract for Home Repairs and Maintenance (HO/RMI)
1065:The New Engineering Contract: A Legal Commentary
552:Francis Salway (2009) – Leading on Sustainability
956:"Trust Fund Laws and Agreements - Fullerton Law"
48:The members were listed by the JCT in 2014 as:
1016:Product Liability in the Construction Industry
628:Product Liability in the Construction Industry
543:Mike Putnam (2011) – The Journey to Deep Green
479:Product liability in the construction industry
209:and each sub-contractor's sub-sub-contractors;
205:A standard form of sub-sub-contract between a
776:Contract families: Standard Building Contract
266:Construction Industry Model Arbitration Rules
78:National Access and Scaffolding Confederation
8:
1119:Architect's Legal Handbook - Eighth Edition
1067:Arthur McInnis. Thomas Telford Books, 2001.
856:Homebuilding & Renovating February 2010
1061:The Evolution of the RIBA Form of Contract
680:The RIBA Archive is currently held at the
934:"Default and Termination - Fullerton Law"
762:, published 2018, accessed 9 January 2024
605:architect for Niblett Hall, Inner Temple,
375:The JCT encourages up-front agreement of
153:In 2012 the publication was announced of
120:the Scottish Building Contract Committee.
59:the Contractors Legal Group, comprising:
549:(2010) – Ambition in an Age of Austerity
115:Royal Institution of Chartered Surveyors
1117:Anthony Speaight, Gregory Stone (2005)
770:
768:
587:
473:Publication of product liability report
101:National Specialist Contractors Council
684:. Online catalogue no. CAT/52430026/9
451:Henia Investments Inc v Beck Interiors
512:Speakers and their papers have been:
323:Construction Management Documentation
108:Royal Institute of British Architects
7:
845:NBS Contract Law article April 2009
664:Angela Mace; Robert Thorne (1986).
528:The Hon. Sir Vivian Ramsey (2015) –
404:Society of Construction Arbitrators
270:Society of Construction Arbitrators
377:liquidated and ascertained damages
257:(including performance bonds) and
14:
1138:Joint Contracts Tribunal website
1063:, NFBTE, 1952, cited at p.9 of
630:, Lloyd's of London Press, 1993
140:Guide to its Archive and History
537:(2013) – A Time for Partnership
64:National Federation of Builders
1038:New Confederation announcement
807:Intermediate Building Contract
615:and Ironmongers’ Hall, London
442:, GC/Works/I, Model Form, and
432:Institution of Civil Engineers
1:
833:JCT Design and Build Contract
748:RIBA Library catalogue online
280:on which contract to select.
311:Minor Works Agreement (MW11)
268:, adapted from those of the
94:Local Government Association
85:Scottish Building Federation
835:, accessed 27 December 2023
809:, accessed 12 December 2023
54:British Property Federation
1186:
818:Joint Contracts Tribunal,
805:Joint Contracts Tribunal,
778:, accessed 1 November 2020
519:Richard Threlfall (2018) –
421:terminated for convenience
314:Management Contract (MC11)
194:Sub-contracts between the
26:standard forms of contract
1170:Law of the United Kingdom
336:Smaller project contracts
298:Major Project Form (MP11)
436:New Engineering Contract
250:for the supply of goods;
131:Joint Contracts Tribunal
18:Joint Contracts Tribunal
1101:Chappell, David (2007)
1020:Lloyd's of London Press
760:DOM 1 & 2 CONTRACTS
758:Constructionbooks.net,
626:Palmer and McKendrick,
501:The JCT Povey Lecture (
410:Criticisms/alternatives
330:Constructing Excellence
166:Suite of Standard Forms
161:Suite of Standard Forms
1148:JCT Homeowners Website
1084:corporate.jctltd.co.uk
525:Tony Giddings (2016) –
362:contract administrator
1143:JCT Contracts Website
531:Tony Bingham (2014) –
390:Reference is made to
259:collateral warranties
176:Consultant agreements
960:www.fullertonlaw.com
938:www.fullertonlaw.com
522:Ann Bentley (2017) –
71:UK Contractors Group
20:, also known as the
459:Mr Justice Akenhead
367:The JCT encourages
241:sub-sub-contractors
235:and for issue by a
227:and for issue by a
982:2012-01-31 at the
977:Standard Contracts
872:2010-12-12 at the
793:2010-12-21 at the
642:Sir Ian MacAlister
611:2014-01-07 at the
276:The JCT publishes
1112:978-0-415-41385-5
1049:JCT Povey Lecture
503:jct-povey-lecture
306:building services
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1165:Construction law
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30:construction
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595:JCT website
396:Arbitration
385:repudiation
170:procurement
138:. The RIBA
24:, produces
1159:Categories
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