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The JCT Contracts 2011 edition reflects new payment legislation and makes other changes which include:

• A revised Insolvency definition in the Termination section
• The revised Terrorism Cover provisions that were included in JCT's December 2009 Update
• The provision for appointment of the principal contractor under CDM Regulations has been extended to cover that function under the Site Waste Management Plans Regulations 2008
• Statutory reference to the Bribery Act 2010
• Entries in respect of PI insurance relating to asbestos and fungal mould have been removed
• Revised retention provisions in the sub-contracts

The JCT 2011 Contracts should be used for construction contracts entered into after Part 8 of the new Construction Act comes into force on 1 October 2011. Consequently the JCT Contracts 2011 published before the Part 8 of the Construction Act comes into force will make it clear that they should not be used prior to that date.

Subcontract conditions to be used with Subcontract Agreement (ICSub/D/C) 2011

Appropriate:

• For use where the main contract is the Intermediate Building Contract with contractor's design
• Where the Sub-Contractor is to design all or part of the sub-contract works (Sub-Contractor's Designed Portion)

Can be used:

• Where the sub-contract works and/or main contract works are to be carried out in sections
• For sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement of the sub-contract works

Not suitable:

• Where no sub-contractor's design is involved - consider the Intermediate Sub-Contract (ICSub)
• Where the Sub-Contractor is 'Named' in the main contract - consider the Intermediate Named Sub-Contract (comprising ICSub/NAM/IT, ICSub/NAM/T, ICSub/NAM/A and ICSub/NAM/C)

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This contract or contract guide is part of a range of JCT, NEC, ICE, FIDIC and other building contracts and forms available from RIBA Bookshops. For details of other building and construction contracts visit our Construction Contracts and Forms section.

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