
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This is good news for many of our clients who are looking to re-procure term contracts, such as repairs and maintenance or gas installations and servicing contracts, using the traditional JCT approach.
The new form is much the same as its predecessor but with the following helpful changes:
CDM Regulations 2015
The contract has been updated in line with the Construction (Design and Management) Regulations 2015. This means “bye-bye” to the CDM Co-ordinator and having to remember to incorporate the JCT CDM addendum, and “hello” to the Principal Designer. The new 2016 version adds flexibility by allowing the party appointed as Principal Designer and/or Principal Contractor to be different on an order-by-order basis. However, it is worth adding, that there is no warranty that the contractor is competent to fulfil these roles.
New terms fit for employers who are a local or public authority
The public sector and registered provider users of the JCT 2011 suite are used to incorporating lengthy Schedules of Amendments and JCT supplements to bring the standard form contracts in line with their additional legal and regulatory obligations. The 2016 suite now includes a number of additional clauses, specifically for employers who are a local or public authority that will reduce (but sadly not eliminate) the need for bespoke amendments. Changes include:
Payment
There have been small changes to the payment provisions; the most significant being that payment following order completion will become due earlier than under the 2011 form, so you will need to take note of these changes in order to meet the new deadlines.
Insurance
The insurance clauses look quite different. The primary change is that either the employer or the contractor can now be required to have All Risks Insurance to cover loss or damage relating to the works themselves. Under the 2011 form, there was no option (unless added by your Schedule of Amendments) – this insurance was the contractor’s responsibility.
So does this mean you can do away with your Schedule of Amendments altogether? Not on your nelly! There are a number of reasons that the 2016 version, like its 2011 predecessor, is not 100% fit for purpose. For example:
Changes to phrasing and clause numbers in the new 2016 contract means that, unfortunately, it will not be sufficient for you to just change the number “2011” on your existing Schedule of Amendments to “2016” in the hope of updating your precedent bank quickly. Instead, to ensure that you make the right changes to the contract and that they are correctly incorporated, we strongly recommend that you take legal advice when pulling together your new Schedule of Amendments.
For further information
Should you have any questions about the JCT Measured Term Contract 2016, please contact Beulah Allaway.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
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