The new JCT05 Minor Works Building Contract

The clauses have been rearranged and all paragraphs are now numbered.

In true JCT style, cross-referencing to clause numbers remains.

There are two ‘schedules’ bound in (formerly called Supplemental Conditions):

• Schedule 1 – Arbitration
• Schedule 2 – Fluctuations option

Information, such as Date for Completion, is now set out in a ‘Contract Particulars’ which is within the Agreement, following the Articles.

This change is because the particulars were previously written directly into the different clauses.

The name of the quantity surveyor is no longer mentioned in the agreement.

Other changes include-

• There is now a Definitions clause (1.1);
• There is a new provisions for termination by either party (due to neutral events);
• VAT is covered in one sentence (4.1).
• The CIS tax scheme is covered in one sentence (4.2)
• There is a simple statement (7.1) recognising mediation as a means of resolving disputes;
• Adjudication is covered in one sentence (7.2).
• The ‘defects liability period’ is now called the ‘rectification period’;
• ‘The term ‘determination’ (of the Contractor’s employment) is now referred to as ‘termination’;

The new form has slightly more JCT logic which should comfort the JCT old hands. Helpfully there are guidance notes at the back.