JCT Sub-Contract

JCT Contracts General
1

Hi

I wonder if anyone could answer the following tricky query for me relating to the JCT DB Sub-Contract (DBSub/2016).

The Sub-Contract Particulars make provision at para 5 for splitting the Sub-Contract Works into “Sections” (whereby a period is stated for each Section).

However, can I spit the Sub-Contract Works into formal “Sections” in the Sub-Contract Particulars if the Main Contract Works are not split into Sections (i.e. a single Date of Possession and Date for Completion apply for the Main Contract Works)?

It seems not because clause 1.1 of the Sub-Contract Conditions defines the word “Section” by reference to the Main Contract, or have I interpreted this incorrectly?

I’d be very grateful for any feedback on this.

Thanks

2

The JCT Sub-Contract relies upon the Main Contract to define Sections so if there are none in the Main Contract then there are none in the Sub-Contract. However that would not prevent you from seeking to amend the Sub-Contract to allow for sections. Some drafting would need to be included in the Sub-Contract Agreement to that effect.