Webinar - Design and Build Contracts: An overview of the JCT and NEC

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The aim of this webinar is to learn about how design and build contracts operate, the legal aspects of them and the key differences between JCT and NEC forms of contract. If you haven’t already attended it, you can sign up here https://www.builtintelligence.com/products/design-and-build-contracts-an-overview-of-the-jct-and-nec?variant=40084462895165

You’ll learn

  • The background and history of design and build
  • Law applicable to design and build
  • JCT and NEC4
  • Typical amendments to standard forms
  • Fitness for purpose
  • Insurance
  • Novation
  • Collateral warranties
    @Mike_Tiplady
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Is it possible to use an earlier form of JCT contract? E.G D&B contract 2011 instead of 2016.
Why would a client choose this path? @Mike_Tiplady

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When it comes to novation - can a client make it a requirement to novate the same consultants? or is this a standard that is a given?
Could a contractor argue to bring in their own consultants? @Mike_Tiplady

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Surely, a JCT contract would protect the client more than the NEC? @Mike_Tiplady

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Liz

No is the short answer and the reason why is that the 2016 version made substantial changes to allow for updates in the Construction Act, rules on sub-contracting, CDM, insurance and other areas. The JCT 2016 DB Contract is a far more reliable contract than the 2011 version.

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Liz. This is a fraught area. A Client can include the obligation to novate to the DB contractor in a design appointment and that is quite common. First thing to consider here is does the design appointment meet what the DB contractor requires of the designer (meeting the programme with the right design drawings). If not then the DB contractor will want to amend the design appointments. If they cant be amended or the design team refuse to amend then the DB Contractor might want to consider bringing in a new team. Second what if some designers refuse to novate and they remain employed by the Client. Who takes responsibility there? Its really a matter of making sure contract risks are properly understood.

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If the design is not novated over to the Contractor because the employer designer refused to novate across to the contractor and the contractor has to contract a designer to verify and underwrite the drawings, if defects are found in the original drawings is the employer responsible for changes that are required? @Mike_Tiplady