JCT 2024 Standard Building Contract requires consideration of updates to construction contract templates

These contracts are commonly used for larger construction projects in the UK where the employer is responsible for all or most of the design of the works. They are the complement of the JCT’s 2024 Design and Build Contract (D&B), which was released in April.

Mike Allan, construction law expert at Pinsent Masons, said: “The changes made to the Standard Building Contracts are what we expected to see, mirroring what we have seen and commented on following JCT’s release of the Design and Build Contract.”

Included in this release are the ‘With Quantities’, ‘Without Quantities’ and Approximate Quantities’ versions of the Standard Contract, along with accompanying sub-contracts and contract guides.

Some of the main changes to the new contracts include incorporating the collaborative working drafting, which was previously optional, as a mandatory article. The 2024 editions also include provisions aimed at improving sustainability with previously optional supplement provisions such as sustainable development now integrated into the main documents.

The design liability clauses have been updated in the 2024 editions, setting out the level of skill and care to be provided in relation to the contractor’s designed portion and confirming that the contractor will not be subject to a fitness for purpose duty.

New grounds for claiming time and, if selected as an option by the parties, money for epidemic and changes in law are also included; as well as the expansion of the site conditions clauses to cover asbestos, contaminated land, unexploded ordnance and antiquities.

The 2024 editions incorporate major updates to align with legislative changes. These include provisions related to the new Part 2A of the Building Regulations, updated termination account and payment provisions reflecting the Construction Act, and new insolvency grounds in line with the Corporate Insolvency and Governance Act 2020.

“What is important here is that JCT have now released 2024 forms of the D&B, Standard, Immediate and Minor Works contracts. These are the backbone, the most widely used contracts of the JCT contract suite. Now we have these, we would expect employers and contractors with template precedent contracts to be more ready to amend their templates from the 2016 versions. These older versions will stop being supported by the JCT in due course,” said Allan.

Alongside the Standard Building Contracts, JCT released 2024 versions of its collateral warranty forms and has promised the release of consultancy and pre-construction services agreements on 4 September.