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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 2010 Standard Building Contract with Approximate Quantities SBC/AQ Revision 2 published 2011

Appropriate:

• For larger works designed and/or detailed by or on behalf of the Employer, where detailed contract provisions are necessary and the Employer is to provide the Contractor with drawings
• With approximate bills of quantities to define the quantity and quality of the work, which are to be subject to re-measurement, as there is insufficient time to prepare the detailed drawings necessary for accurate bills of quantities to be produced
• Where an Architect/Contract Administrator and Quantity Surveyor are to administer the conditions

Can be used:

• Where the Contractor is to design discrete part(s) of the works (contractor's designed portion)
• Where the works are to be carried out in sections
• By both private and local authority employers

SBC 2011: Named Specialist Update

JCT's Named Specialist Update applies to all versions of the Standard Building Contract 2011 (With Quantities, Without Quantities, and With Approximate Quantities) to include provision for Named Specialists.

The optional provisions enable the employer, by appropriate entry in the Contract Particulars, to name individual specialists as domestic sub-contractors for identified parts of the works.

The modifications included in the Named Specialist Update can be incorporated in two ways, either by amending the contract document itself, or by attaching the update to the contract and inserting a provision within the Articles referring to it.

• Key features:Depending on the entry selected, the right may be limited to specialists pre-named in the Contract Documents (or their replacements), or, for provisional sum work, may also extend to post-naming
• The Contractor has a right of reasonable objection in the case of the naming of any replacement specialist, or if post-naming applies
• There are rights to both an extension of time for delays and to any loss or expense arising if the Contractor notifies their objection, or if a named specialist becomes insolvent.

Download the Named Specialist Update free - see Extracts and Additional Materials at the bottom of this page.

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