The Joint Contracts Tribunal (JCT) publishes the very popular and widely used JCT suite of construction contracts, and the 2016 Editions of those contracts is now in the process of being replaced by a new 2024 suite of contracts.

As of 17 April 2024, the first set of new contracts has been published and is available to purchase from the JCT website (https://www.jctltd.co.uk/category/design-and-build-contract). The new contract documents are the Design and Build Contract 2024 (DB 2024), the Design and Build Sub-Contract Agreement 2024 (DBSub/C 2024) and the Design and Build Sub-Contract Conditions 2024 (DBSub/C 2024). Associated guidance notes and a tracked changes version of the Design and Build Contract are also available.

The new contracts bring in a number of changes including to reflect the new Part 2A of he Building Regulations 2010, notices by email, gender neutral language, previously optional clauses in relation to collaborative working, sustainable development and environmental consideration become standard, amendment to extension of time provisions, amendment to termination accounting together with other more minor and consequential amendments.

The Design and Build Contract 2024 does not contain an overall cap on a Contractor's liability however the JCT guidance notes recognise that the parties may wish to consider this and provides some guidance on this topic.

The overall format of the contracts remains familiar and the JCT's stated view is that the changes do not materially affect risk allocation.

The Scottish versions of these contracts to be published by the Scottish Building Contracts Committee (SBCC) have not yet been published.

We will be issuing separate blogs with a more detailed look at the new contracts. Watch this space.

Contributors

Craig Bradshaw

Legal Director

Jane McMonagle

Partner & Head of Transactional Construction, Infrastructure and Projects