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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.

JCT Pre-Construction Services Agreement (Specialist) 2011 PCSA/SP

Appropriate:

• For the supply of pre-construction services by a specialist to either an employer or the actual or prospective main contractor on substantial and/or complex projects, prior to entry into a sub-contract for construction or installation work
• Where the main contract is to be the JCT Standard Building Contract, Design and Build Contract, Major Project Construction Contract, Management Building Contract, Intermediate Building Contract or Intermediate Building Contract with contractor's design, 2005 Edition

Can be used:

• Whether or not the specialist is to be responsible for any design work
• Where the pre-construction services agreement is to be with the employer but the benefit of the specialist's tender may be assigned to the main contractor
• By both private and local authority employers

Not suitable for use:

• Between the employer and main contractor (for which the other version of the agreement, i.e. the JCT Pre-Construction Services Agreement (General Contractor) (PCSA) should be used)
• Between the employer and a professional consultant (for which the JCT Consultancy Agreement (Public Sector) may in appropriate cases be used)

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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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