News | April 18, 2024

JCT Design and Build 2024 is published: read our introduction to the top ten changes

JCT Design and Build 2024 has been published this week and is first of the new suites of JCT contracts forming the 2024 edition to be published. We will be providing further details of the changes but in the meantime, we set out the top ten below:

1. Electronic communications

These are now included for the first time both for notices (now divided into Standard Notices and Critical Notices) and for execution.

2. Extension of Time

Provisions have been improved with a new timetable and procedure. The time for interim assessments has been reduced from 12 to 8 weeks. Relevant Events now include epidemics, and the antiquities provision has been revised to include unexploded ordnance, contamination and asbestos.

3. Fluctuations

Provisions have been taken out of the printed contracts and will be available via the JCT website and can be incorporated in a contract by reference in the Contract Particulars.

4. Nominating Bodies

Parties can choose their own in relation to Adjudication and Arbitration.

5. Building Safety Act 2022

The contracts have been updated in the light of the legislation and a new Article has been added to identify the Principal Designer and Principal Contractor for the purposes of Part 2A of the Building Regulations.

6. Insolvency

New grounds have been included to reflect the CorporateInsolvency and Governance Act 2020.

7. Termination payments

The payment provisions have been updated to refer to the Construction Act’s payment regime.

8. Collaborative working

The previous optional supplemental provision is now a mandatory Article in the Articles of Agreement.

9. Sustainable Development and Environmental

This were previouslyalso optional but is now included in the Contract Conditions with some amendment.

10. Notification and Negotiation of Disputes

Another previously optional provision, subject to the right to adjudicate and aimed at avoidance or early resolution of disputes and differences by a meeting of senior executives named in the Contract Particulars. This is now included in the Contract Conditions.