ABSTRACT

In 2016, the Joint Contracts Tribunal (JCT) rolled out the latest major update to its family of standard form construction contracts. From the Subcontractors point of view, it is essential to get to grips with these changes, and particularly how Contractors will seek to amend them. On the face of it, the general position adopted by the JCT in relation to risk allocation has not changed. Because of that, the likelihood is that developers and Contractors will continue to negotiate amendments to the standard forms to reflect their own approach to risk. And as Contractors like to pass on as much risk as possible to their Subcontractors, it is essential that a person familiarises himself/herself with the new procedural requirements of the contracts, in particular those that deal with payment and loss and expense claims. The most significant change to all the 2016 Contracts relates to the restructuring and simplification of the payment provisions.