JCT Design and Build Contract 2011 - what's new?

The changes that appear in the JCT Design and Build Contract 2011, compared to the 2005 version, fall into 2 categories:

1. changes to take account of legislation – these result in a revision to the payment process for the contract and will require commensurate update of contract procedures; and
2. changes reflecting improvements on the 2005 version – there are a limited number of these changes with many incorporated in revisions and the innovative options provided by the schedules that were published with them. The changes to the insolvency provisions fall into this category as do the adjustments to the insurance provisions which reflect the prevailing insurance market conditions.

Most changes are in the former category and seek to take into account the impact of the Local Democracy, Economic Development and Construction Act 2009. The provisions relating to construction contracts came into force in England on 1 October 2011. In addition the contract now incorporates references to the Site Waste Management Plans Regulations 2008 and the Bribery Act 2010.