JCT Design and Build 2024

The new JCT Design and Build Contract 2024 is to be released on 17^th April.  

Here are some of the key changes:

• Modernisation: the contract will adopt gender-neutral language and the flexibility to send notices electronically and to execute by electronic signature.
• Legislative changes: the contract is to take into account the Building Safety Act 2022 (and its secondary legislation) as well as the Corporate Insolvency and Governance Act 2020.
• Fluctuation: fluctuation provisions are to be moved online for accessibility, the new fluctuations hub will give guidance on how to correctly apply the provisions.
• Loss and expense grounds: new relevant events and relevant matters are likely to be introduced, or existing relevant events and/or matters extended, to cover epidemics, contamination, asbestos, unexploded bombs and the exercise of “statutory powers”. The assessment period for extension of time claims will be reduced from 12 to 8 weeks.
• Future-proofing: the contract will incorporate provisions that will reflect the objectives of the Construction Playbook (which sets out policies and guidance for public sector procurement). Further to this, existing provisions that were optional in the 2016 version are to be incorporated in relation to collaborative working, sustainable development and environmental considerations.  
• Liquidated damages: the new provisions are expected to reflect recent case law (Triple Point Technology Inc v PTT Public Company Ltd [2021]- see Patrick Wisheu's 2021 blog), with liquidated damages apply up to termination, and the employer being able to claim general damages after termination.

We will be holding a webinar on the  JCT Design and Build 2024 on the afternoon of 21 May 2024.  Look out for details and how to register in the coming weeks.