Fenwick Elliott and Pickavance Consulting have jointly created detailed guides to help practitioners incorporate the new Society of Construction Law protocols on the management of delay and disruption into each of the major JCT standard forms of construction contracts.
The two firms have drafted change management supplements and guidance notes for employers, contractors, design teams and contract administrators initially on four JCT contract forms. These include JCT98, JCT with contractors’ design, the IFC and major projects form.
The protocols move away from the traditional approach where the contractor is obliged to manage risk, but the contractor has to deal with the consequences of any changes.
The supplements are designed to ensure that the protocols are introduced into construction projects in a way which is both legally binding and consistent with the rest of the contract terms. The guidance notes, which complement each supplement, contain details of how to complete the supplements and operate the necessary procedures to manage change as a project proceeds.
For the employer the main benefit is that he can be closely involved in the change process rather than leaving the whole business to the contractor and hoping he will get it right. The major benefit for the contractor is that the supplements reduce the chance of things going wrong in the first place. And if problems arise, they ensure contractor and employer work together to get things back on track.
Download the JCT98 change management supplement (pdf 472kb)
Download a specimen practice note (pdf 439k)
For further information or to order copies of the supplements and guidance note, contact: Nicholas Gould at ngould@fenwickelliott.com.
