JCT Design and Build Contract 2011 (PDF)
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We also consider the recent case of V ivienne Westwood Ltd v Conduit Street Development Ltd  EWHC Ch which serves as a useful reminder of the test for penalty clauses and set out some practical tips to avoid such clauses being treated by the courts as non-compliant and unenforceable. The risk allocation between the parties has not changed; the aim of the newest contracts is to consolidate the updates and supplements released since the editions and to ensure that they are in line with current market practice and legislation. The JCT is set to publish new editions of other contracts in its suite of standard forms during the course of this year. Key Changes The changes introduced are largely the same across the suite and include a mixture of statutory updates and changes to reflect current initiatives. They key ones to note are as follows:. These changes were previously included in separate amendment sheets from March
The aim of the project is to facilitate the drafting and negotiation of international construction contracts and to advise members of the existence of standard forms of contract in a particular jurisdiction with which they may not be familiar.
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This Practice Note explains who the Joint Contracts Tribunal JCT are and also provides an overview of the most commonly used contracts within the JCT suite in relation to traditional procurement, design and build procurement and management routes of procurement. The JCT publishes a suite of standard form building contracts and associated documents, including collateral warranties that are widely used for construction projects in the UK. This Practice Note considers which parties are responsible for design, the standard of care to be exercised, and other key provisions relating to design including how discrepancies are dealt with, the design submission procedure and copyright. It also contains drafting notes and links to other suggested clauses where the parties may wish to further amend the standard JCT provisions. The effect of the Notice of Completion of Making Good Defects was that any defects required to be rectified under those clauses were deemed to have been made good.