Tin tức chi tiết

Tháng Ba 2, 2022

Jct Consultancy Agreement (Public Sector) 2016 Edition

Another important change concerns insurance provisions for all risks, in particular option c, which refers to work on existing structures. Under Option C, the employer maintains insurance of existing structures and content. If the employer is a tenant, landlord or other domestic employer, it is often difficult for the employer to obtain the necessary insurance. YCW 2016 solves this problem by allowing the parties to agree on alternative insurance arrangements. However, precedents for such alternative insurance agreements are not provided, so ultimately the parties will design and negotiate on a project-specific basis. The YCW has now released most of the 2016 series of model contracts that are already in use in the industry. The most recent editions for 2016 that will be published are as follows: For the 2016 editions of the JCT Minor Works family of contracts, they have included a new option under clause 5.4C, which contains a simple reference to the application of such alternative agreements to be specified in the contract details agreed by the parties in such circumstances. To this is now added an express right under clause 5.7 for each party to terminate the contractor`s employment relationship if this is fair and equitable, if an existing structure has been materially damaged, replicating the position among the larger contracts of the 2011 sequel. The industry can be reassured by the fact that parties using the 2016 expenses should hopefully avoid neglecting such an important issue, as changing the insurance option sparks discussion between the parties, although this does not address the underlying issue. It is also proposed to consolidate in the main text the general provisions that apply to insurance options A, B and C (proof of insurance, insurance claims and reinstatement work), which we hope to see in the 2016 editions of the interim, standard and design and construction of the contract families. For the 2016 editions of the Minor Works Contract Family, minor amendments are widely used, with the exception of Section 7 (Dispute Settlement) and Annexes. This creates a major problem for companies that maintain a precedent of schedules for changes to current editions of the YCW contract series, especially when it comes to longer YCW contracts.

Earlier this year, YCW announced that it was releasing new editions of its 2016 contract series. One of the aspects highlighted in the announcement was the philosophy behind the YCW and its consensual approach to development. This needs to be strongly taken into account when considering the changes in 2016 spending. They take a position of compromise between the interests of the employer and the interests of the contractor and may not realize the aspirations that either party may have had for these new expenses. The Construction Regulations (Design and Management) 2015, SI2015/51 are now included in the standard contract form. The 2016 edition of the standard construction contracts also includes the new measurement rules (NRM2) of the RICS. Previous edition: CA 2011 plus modification (published in March 2015). According to the 2011 edition, interim payments would be made monthly before the practical closure and every two months after the practical closure. In the 2016 edition, however, interim payments will continue on a monthly basis after practical completion. One of the most important changes in the new 2016 YCW contract forms is the revised interim payment scheme and the introduction of the common assessment date.

This change supports the Construction Supply Chain Charter and aims to improve transparency and accelerate payments throughout the supply chain. It works in such a way that the main contract sets a preliminary assessment date, which is the date on which the contractor/subcontractor (if any) must submit its payment claims. This date is the same (or next business day) each month and the same interim valuation date is then included in all subcontracts and subcontracts, with the flexibility built into payment due dates to support cash flow. .

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