The Joint Contracts Tribunal published a completely new standard form of contract in 2003, the JCT Major Project From, to meet the needs of parties in major construction projects, including funders, purchasers and tenants. It seems set to revolutionise the world of major projects and may well take over from the JCT Contract with Contractor's Design for larger projects.
Although much shorter and more straightforward than the JCT design and build form, the new contract raises a number of important issues to which careful attention must be paid.
These include:
design liability provisions
express provisions dealing with ground conditions
detailed design documents procedures
minimal provisions for insurances
provision of athird party rights schedule to replace collateral warranties
the absence of detailed procedures for valuation and payment
This new book, written by a well known construction lawyer, examines the form clause by clause, with full text of the contract itself. It also looks at the background general law and at statutory requirements, highlights common practical issues, and considers potential problems which need to be addressed when using this contract.
No-one planning to use the new form should be without this invaluable commentary.
The Joint Contracts Tribunal are publishing a completely new standard form of contract for large clients on major construction projects. The main purpose of the form is to meet the particular needs of large commercial clients who do not themselves intend to occupy the premises, as well as property owners and developers (such as hoteliers and supermarkets) who regularly build.
The Major Project Form is the first JCT form specifically to provide for third party rights. It caters for various levels of design input on the part of client and contractor and incorporates a design submission procedure.
Other key provisions are those dealing with: no retention, acceleration of project, bonus for early completion, cost savings and value improvements, the client's pre-appointed consultants, and mediation.
This new book will look at the contract clause by clause, with full text of the contract itself, and
will examine the background law, highlighting practical issues.
