In our horizon scanning article for 2023, we signed off with rumours of a new JCT suite.
The JCT made their own announcement in July indicating we can expect the updated editions in 2024 (and we have heard that they are targeting an April release).
When the JCT made their announcement in July, they gave a few brief details about what we could expect to see in the new editions. Obviously of major interest will be how they are intending to tackle the provisions of the Building Safety Act 2022 and the raft of secondary legislation which has come out of that.
Even though the JCT have been delaying releasing their new editions in order to address the latest secondary legislation, our prediction is that we will not see a huge amount of specific drafting on this (which means specialist drafting may need to be considered on a project by project basis and drafted into schedules of amendment)
We expect the changes are likely to be limited to an express reference to comply with the Act and related legislation, and possibly an entry in the articles to confirm whether or not the contractor will be the “principal designer” and/or “principal contractor” for the purposes of the new duty holder regime under the amended Building Regulations 2010.
In terms of other changes, the JCT themselves released a list of the areas they are intending to address such as new extension of time events, changes to the liquidated damages provisions following Triple Point Technology Inc v PTT Public Company Ltd [2021] (which highlighted the need to carefully draft liquidated damages provisions to ensure they apply in circumstances where the works are never completed) and what the JCT termed “future proofing” of the contracts.
They are also reported to be releasing a new form of target cost contract, presumably to compete with the variety of pricing options that the NEC suite offers.
What will be interesting to see (aside from the detail of the changes!) is whether the JCT are going to quietly start retiring any of the lesser used forms by not releasing updated editions.
Contents
- 2024: Horizon scanning in construction
- The Building Safety Act: What to expect in 2024
- The impact of insolvencies on construction in 2024
- Managing the expiry of PFI contracts
- ESG and the path to net zero: Construction industry considerations
- Modern methods of construction and modular buildings
- The rise of AI in construction
Contact
Tim Claremont
Partner
tim.claremont@brownejacobson.com
+44 (0)20 7871 8507
You may be interested in...
Legal Update
JCT 2024: What’s new? An overview of the changes
Press Release
Spring Budget 2024: Browne Jacobson reaction
Legal Update
Restrictive covenants – look before you leap!
Legal Update
2024: Horizon scanning in construction
Legal Update - Building Safety Act
The Building Safety Act: What to expect in 2024
Legal Update
The impact of insolvencies on construction in 2024
Legal Update
Managing the expiry of PFI contracts
Legal Update
ESG and the path to net zero: Construction industry considerations
Legal Update
Modern methods of construction and modular buildings
Legal Update
The rise of AI in construction
Legal Update
A new JCT suite in 2024
Legal Update
COP28 – key outcomes agreed and what they mean for you
Legal Update
Biodiversity Net Gain (BNG): Are we ready for it?
Legal Update
The Levelling-up and Regeneration Act 2023
Opinion
BBC personality wins appeal on IR35 status
Legal Update
COP28 - how to limit and prepare for future climate change
Legal Update
New building control regime for higher-risk buildings
Published Article
Al in construction: Do your contracts mitigate the risks?
Legal Update
How to mitigate risk in disputes arising from AI use in construction projects
Legal Update
What does ‘RAAC’ mean for university campuses?
Legal Update
Contractors' liability and contract works exclusion
Legal Update
Recklessness not ‘accidental’ when it comes to trespass
Legal Update
Underlying contracts remain key in arguments over scope of co-insurance
Legal Update
Insurance considerations following use of RAAC concrete
Legal Update
Covering the costs of RAAC – new guidance published
Legal Update - Building Safety Act
Building Safety Act 2022: New duty holder and competency regime from 1 October 2023
Legal Update
Building Safety Act 2022: New building control regime from 1 October 2023
Published Article - RAAC
Action needed: How RAAC became a critical issue
Legal Update - RAAC
Insurance considerations of RAAC failures - air bubbles belong in chocolate, not concrete!
Legal Update
Higher-risk buildings – are you ready for 30 September 2023?
Legal Update
The UK’s energy strategy: Is new nuclear needed?
Published Article
Amendments to Procurement Bill: Navigating sanctions and supplier bans and impact on the construction sector
Published Article
The history and future of nuclear energy
Opinion
New provisions for higher-risk residential buildings now in force
Press Release
UK and Ireland law firm Browne Jacobson joins UKREiiF 2023
Legal Update
J A Ball Limited (in Administration) v St Philips Homes (Courthaulds) Ltd
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
On-Demand
Register your interest to join our next Home Delivery Academy
Guide
2023: Horizon scanning in construction
Press Release
Former Mace Group Legal Director joins Browne Jacobson as Non-Executive Director of its Construction & Real Estate sector
Browne Jacobson has appointed Amy Chapman, the former Group Legal Director of global built environment experts Mace Group, as its first Non-Executive Director (NED) of its Construction & Real Estate sector strategy board.