Last November, the JCT issued a advisory agreement for public sector employers. It is aimed at projects whose size and complexity are sufficient to justify a team of consultants who place it in the same part of the market as the consulting contract published in 2007 by the Council of the Construction Industry (CIC). The main difference is that the JCT has left it to the parties to decide which services they wish to include, while the CIC contract has an integrated and detailed level of service for all the team`s consultants. The JCT is closing in on this – the guidelines simply state that there are several forms available and that «innovation, while mundane, is not easy.» It is regrettable that the JCT did not wholeheedly support the CIC form of the innovation agreement, which I believe correctly defines the consultant`s responsibilities and therefore liabilities in such circumstances. It is regrettable that the JCT has not fully supported the CIC form of the innovation agreement, which is suitable for use by public sector employers who wish to carry out construction work and entrust an advisor (regardless of discipline) to carry out services for such work. This new agreement is clear, provides for fair provisions for additional payments and involves demobilization and mobilization costs in the event of suspension. The license to use the documents is subject to the payment of a fee and there are certain safeguards for the design of the advisor in the event of termination at will. The client`s obligations are defined and there is a correct identification of the client`s short and third agreements before the date is concluded. The recent streamlining of the two design agreements for consultants in one brings simplicity and flexibility, as well as a new take-up of responsibility that I recently had the pleasure of reviewing the form of the JCT (public sector) 2011 consulting agreement. I do not know that there is a version of the private sector. The JCT has just published a consultancy agreement for major projects. Here`s what you need to keep in mind before proceeding and signing it JCT consulting contract is designed for use by the public sector employer to appoint an advisor, regardless of the discipline to perform services with respect to construction work.
Replaced by CA 2016. JCT 2011 contracts are not expected to be used for work contracts concluded after October 1, 2016. Replaced – CA 05. See also Amendment 1 of March 2015 (effective April 6, 2015): JCT 2011 consulting contract (SMA, 2015), which was incorporated as a separate document. JCT 2011 was withdrawn following the successful publication of the May 10, 2018 edition of JCT 2016. A similar difficulty arises in the obligation to provide services in a manner «consistent with the budget, program and potential third-party agreements.» This too could be interpreted as a strict obligation, but perhaps we do not have to worry too much, because the agreement later provides that the advisor is not held responsible for a failure or delay to the extent that he is prevented by an event or cause beyond his control, unless it means that he must be held responsible in all other circumstances. They could argue about the restrictions it contains; Whether the role of the lead designer is sufficiently taken into account Preference for arbitration as a dispute resolution procedure; Lack of a list of service models for the use of a starting point and the lack of design of an innovation agreement.