Oh! why do things have to change?

There’s a big difference between previous JCT forms and the most recent one, JCT 2005, which was launched last year with all the forms published and available for use by spring 2006. JCT has adopted a standardised approach to its entire suite of contracts, rationalising the general structure and the various clauses across all the contracts.

In five years we will look back and be grateful for this change. However, in the short term it causes palpitations as we flick around looking for the clause that used to be clause 30.

The suite of contracts not only includes the standard form contracts we know well, such as the Minor Works forms and the Standard Building Contract with all the varieties, but also some less well known forms such as a Housing Grant Works Building Contract and a Repair and Maintenance Contract. JCT has called these “families” of contracts, and it has also produced a range of sub contracts to work with the various forms.

A quick look at new publisher Sweet & Maxwell’s list of forms with their code references will leave your head spinning. Here’s a quick account of some of these “families” to see what sort of jobs they can be used for.

Minor Works

The role and purpose of the Minor Works Building Contract remains unchanged. It is a contract aimed at the fully designed and detailed project where the works are simple in content. The employer would provide drawings and specifications or a schedule of works. If the works are for a home owner then it is likely that the JCT Home Owner Contract is more appropriate.

There is a new addition, the “With Contractor’s Design” version of the Minor Works Form, for use when the contractor is to design a discrete portion of the works. Where the term “discrete portion” is used it means just that. It does not mean all the works or even a substantial part, it means a small, self-contained part of the works.

Intermediate Contract

The role and purpose of the Intermediate Form of Building Contract remains unchanged. It is a contract aimed at the fully designed and detailed project where the works involve the normal basic trades and the nature of the works are reasonably simple in content. The employer would employ a contract administrator to administer the project. The form could be said to have a reasonably fair or “neutral” risk profile.

There is also now a new addition which is the “With Contractor’s Design” version of the Intermediate Form, for use when the contractor is to design a discrete portion of the works.

This form has a specific form of sub contract to accompany it.

Standard Building Contract

The role and purpose of this form is for the larger projects where the works are completely designed.

It is aimed at the more complex projects where the employer seeks to exercise a good degree of control over the contractor. The employer needs a contract administrator and a quantity surveyor to administer the provisions. There are six variations of this standard form to cater for approximate quantities; Full Bills of Quantities and Without Quantities (each then is sub divided between with and without a contractor’s design of a discrete portion of the works).

This form has a specific form of sub contract to accompany it in two forms, with and without a sub contractor’s design of a discrete portion of the works.

Design and Build Contract

The role and purpose of this form is for when the contractor is required to complete the design and construct the works. Obviously where the contractor is responsible for the design the employer will have less of a say in the design. Accordingly the employer needs to think carefully about his requirements and express them clearly in the Employer’s Requirements.

This form has a specific form of sub contract to accompany it.

Major Project Construction Contract

This form is not for the occasional employer or for smaller contractors. It is a form for use on large projects where both the employer and the contractor have detailed procedures for administering the project. The contractor takes on a greater risk than other JCT contracts.

It can be used where the employer has set out detailed requirements and the contractor is to complete the design and construct the works.

This form has a specific form of sub contract to accompany it.