Construction brought to you in Technicolour®
The JCT standard form building contracts have been with us for over 75 years. One reason that they remain popular is that time and effort has been spent over the years, keeping them up to date as law and practice have evolved. Since 1998, that has generally been done by ad hoc amendments. 2005, however, sees a complete new set of documentation – this time in a nice new range of colours!
All change
Colour co-ordination is not the only change. Other modifications include:
- Merging of Private and Local Authorities’ forms.
- The form of sub-contract is now specific to the main contract (e.g. the design and build contract or intermediate form).
- New Intermediate and Minor Works forms with contractor’s design (although not intended for full blown “design and build”) have been introduced.
- New framework agreements (one binding, one non-binding) are now available.
Style not substance?
Whilst the JCT says the effect of the contracts has not altered, the revised internal structure will mean that existing amendments to the 1998 forms will need to be updated.
Style costs
As with previous overhauls, the 1998 suite will continue to be available for some time. Continuing to use them, however, may be a false economy. People soon forget the precise terms of an outdated form of contract – and that can lead to mistakes and misunderstandings. In any event, the old forms will not now be updated with new case law and legislation – so the risk of them not doing the job will increase over time.
You may have little option but to enter the new technicolour dawn…