Broadly speaking, the JCT contract centres on liabilities and risk in the way a traditional contract would, whereas NEC commands and enables a proactive and collaborative approach to managing the contract. It is critical to understand the details of both contract types to assess their benefits and disadvantages.
JCT contracts facilitate the process of constructing buildings. In simple terms, contracts set out the responsibilities of all parties within the construction process and their obligations, so it is clear as to what work needs to be done, who is doing it, when are they doing it by, and for how much.
JCT contracts are the most commonly used in the UK, especially for building projects. They come in several forms, each designed for different project needs: Standard building contract. The standard building contract is intended for larger, more complex projects where detailed contract provisions are necessary.
JCT contracts are written in complex legal language. This makes them difficult to understand without specialised knowledge. The problem with using complex language is that the meaning can be unclear to anyone without a legal background. This can lead to misunderstandings, especially during disputes.
JCT: Offers less flexibility once the contract is signed. NEC: Designed to be flexible, allowing changes and variations with mutual agreement. FIDIC: Slightly less flexible but well-structured for international projects with clear guidelines for changes.
To register as a contractor, you need to follow the process for setting up as a new employer. When done, you'll get a letter from HM Revenue and Customs ( HMRC ) with the information you need to start working as a Construction Industry Scheme ( CIS ) contractor, including your employer PAYE reference number.
JCT contracts facilitate the process of constructing buildings. In simple terms, contracts set out the responsibilities of all parties within the construction process and their obligations, so it is clear as to what work needs to be done, who is doing it, when are they doing it by, and for how much.
A basic binding contract must comprise four key elements: offer, acceptance, consideration and intent to create legal relations.
The JCT Standard Building Contract is designed for large or complex construction projects where detailed contract provisions are needed. Standard Building Contracts are suitable for projects procured via the traditional or conventional method.