The Joint Contracts Tribunal (JCT) have announced the publication of a second revision to the 2005 suite of JCT Building Contracts, to be known as Revision 2 2009. The JCT Building Contracts have been used in the construction industry for years, and are still used frequently by health clients, despite the rise in use of the NEC suite of contracts.

The revised JCT contracts are being released in batches between May and August 2009. The amendments are relatively minor in nature, but cover a variety of issues including:  

  • An NEC-style statement encouraging collaborative working. The project team are asked to act in a “co-operative and collaborative manner, in good faith and in a spirit of trust and respect”.
  • Additional requirements regarding health and safety, including compliance with codes of practice and various health and safety regulations.
  • A statement encouraging contractors to propose cost savings, and improvements in the life cycle costs and environmental performance of the development.  
  • An option for the contractor’s performance to be monitored using performance indicators to be set out in the contract documents.  
  • A requirement for the parties to notify each other promptly of any matter that may lead to a dispute.  
  • Modifications to the payment provisions. JCT states that these changes streamline its payment obligations. They are not intended to pre-empt the changes to the statutory construction industry payment procedures currently being considered by Parliament.  
  • Minor revisions to the wording of the contracts to make them easier to understand