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ARTICLE · 12 DECEMBER 2019

JCT Design And Build Contracts And Statutory Requirements - A Trap For Contractors?

Fenwick Elliott LLP
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The above general principle is, however, subject to a major exception in relation to Statutory Requirements.

United KingdomCompliance

As Jatinder Garcha 1 ;explains a common amendment to the published form of JCT Design and Build Contract is the passing to the contractor the responsibility for errors, ambiguities and inadequacies in the Employer's Requirements. This amendment is made as part of a wider suite of changes which make the contractor the single point of design responsibility for the Works and, accordingly, most design and build contractors within the industry generally expect and accept the amendment. In circumstances where this amendment is not made (for example, where the parties contract on the unamended published form of JCT Design and Build Contract), contractors should be aware that they are still responsible for the Employer's Requirements meeting Statutory Requirements in certain circumstances.

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