Using the JCT Minor Works Contract

Definitions and interpretation

Section 1 provides definitions on terms used within the contract. It is important to check that the definitions given match what the parties understand the terms to mean. The 2016 agreement now defines contractor's persons' and interim valuation date and The Public Contracts Regulations 2015. The Public Contracts Regulations 2015 are a specialist area and apply in situations where the employer is a local or public body.

The Contract now requires that all notices, instructions, or other communications referred to in the agreement shall be in writing (clause 1.6). This clarifies the position and those practitioners who rely heavily on verbal instructions need to be aware of the consequences of failing to record particularly instructions in writing.

Clause 1.2 sets out the obligation to read the agreement as a whole document and further states that nothing in the contract specification/drawings/framework agreement shall override or modify the agreement or conditions therein.

Clause 1.4 sets out the calculation of the duration. This excludes bank holidays and is used in the calculation of the completion date. Many tender documents require contractors to state the number of weeks and not a completion date.

Clause 1.5 excludes the rights of third parties. The Contracts (Rights of Third Parties) Act 1999 allows third parties to bring about claims, for example, about materials if those used do not meet the requirement of the Contract.

Clause 1.7 consents and approvals, this has now been defined. The consent required under clause 2.10 (defects) and 3.1 is discretionary.

Clause 1.8 applicable law confirms that the Contract is governed by the Law of England.