ABSTRACT
Settlement of disputes is dealt with in clause 9 of SBC, DB and IC/ ICD and in clause 7 and schedule 1 of MW/MWD. It is simply another of the ways in which the Minor Works Contracts fail to conform with the standards established for the other JCT contracts. All the contracts now make express provision for the parties to agree
to resolve any dispute by mediation (SBC, DB and IC/ICD clause 9.1, MW/MWD clause 7.1). Formerly, it was included as advice in a footnote. There is little point including, in any contract, a provision that the parties can agree something, because it is open to the parties to agree virtually anything. Therefore, this clause is, at best, superfluous or, at worst, misleading. A contract should set out the parties’ rights and duties and related procedures. There is no room for this kind of unnecessary clause.
