JCT Minor Works Building Contract 2011 - What's new?

The JCT 2011 series of contracts provides the first major update since 2009 for those seeking to enter into a construction contract.

The most significant changes relate to payment and the provision of particular notices. The update coincides with the changes brought in by the Local Democracy, Economic Development and Construction Act 2009, which came into force in England and Wales on 1 October 2011 (and in Scotland on 1 November 2011). The changes affect contracts entered into on or after those dates.

The changes amended Part II of the Housing Grants, Regeneration and Construction Act 1996 and are commonly referred to as the Construction Act 2011. For contracts entered into before 1 October 2011 (or 1 November 2011 in Scotland) the provisions of the Housing Grants, Construction and Regeneration Act 1996 continue to apply without amendment.

The Scheme for Construction Contracts (England and Wales) regulations 1998 have also been amended in consequence of the Construction Act 2011 changes.

A variant of the Minor Works Building contract (‘MW’) - the Minor Works Building contract with contractor’s design (‘MW/D’) - exists for similar construction projects, but where the contractor is to bear responsibility for discrete design elements.

The changes to the MW are replicated in the MW/D. References to the MW 2011 and its clauses in this article should be taken to include the MW/D unless otherwise stated. The MW/D does however introduce further changes, which are dealt with specifically.