Understanding JCT Contract Disputes

JCTs are actually the Joint Contracts Tribunal which provides standard forms of contract, guidance notes and other standard documentation for clients to use in the construction industry. The JCT comprises of 8 members; these are the Association of Consulting Engineers, the British Property Federation, the Construction Confederation, the Local Government Association, the National Specialist Contractors Council, the Royal Institute of British Architects, the Scottish Building Contract Committee and the Royal Institution of Chartered Surveyors.

The main contracts that are formed by the JCT are, major project form; Standard form of building contract; Intermediate form of building contract; Minor works agreement; Management contract; Building contract for home owner/occupier where the client has dealt directly with the builder; Building contract for home owner/occupier who has hired a consultant; Contract for home repairs and maintenance; and construction management documentation.

Standard United Kingdom construction contracts are all usually drafted by the JCT and are regarded as the industry standard for general or traditional contracting. There are six versions of the JCT contract, with quantities, with approximate quantities and without quantities with a private and Local Authority edition in each different contract. Further provisions are available where required, which could include a contractor designed portion supplement.

Adjudication will apply if there has been a dispute following from JCT contracts between the customer and contractor. Adjudication applies to disputes between a client and a consultant under a consultancy agreement for a home owner or occupier. Adjudication can be applied for by the client or even the contractor in relation to any dispute which comes about under a construction contract from the date the work starts up until 6 years after the work has been completed.

If the construction dispute will be decided by an adjudicator, the client or contractor must complete the application form and send in payment of £117.50 to an appointed member of the JCT. Once the member has received the application and the payment, within 48 hours it will confirm it has receive it in writing to both the client and the contractor. The member will then hire an adjudicator within 7 days of giving the confirmation of receipt of the initial application. Once the adjudicator has been appointed, the role of the member is ended and all further correspondence with parties will be made straight to the adjudicator.

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