Despite the revised JCT 2011 suite of contracts being in circulation for almost a year, legal disputes resulting from misunderstanding the contract appearing in the industry press is still commonplace.
A period of uncertainty often follows a change to standard form construction contracts, but this does not win any leniency in a Court of Law. It is essential for surveyors, employers, contractors and sub-contractors to fully understand the requirements and their obligations under the up-to-date contracts to avoid what are potentially extremely costly disputes.
The potential costs to the employer are demonstrated by the case of Rupert Morgan Building Services (LLC) Ltd v David Jervis and Harriet Jervis . A summary of the salient points from the case are provided below and will serve as a timely reminder to follow the statutory requirements within the revised standard form contracts diligently:
More information with regards to the JCT 2011 suite of contacts can be found in the JCT website at: www.jctltd.co.uk
Finnegan Associates are independent property consultants who provide advice to public and private sector clients. We work regularly with the JCT 2011 standard form contracts and understand the implications on your individual projects. To discuss this further please contact firstname.lastname@example.org or call 020 3137 8078.
Posted on 2 October, 2015