The JCT 2005 Standard Forms Of Construction Contract Delay & The Problem Of Float

By Phillip Boulding Q.C. and Calum Lamont

INTRODUCTION

1. The long-awaited JCT 2005 suite of contracts has generated substantial interest from construction professionals and practitioners alike. Much of the writing on the forms has focussed on the principle changes from the equivalent 1998 versions and is largely speculative, discussing the possible implications (for employers, contractors and third parties) of such alterations.

2. The purpose of this seminar is not to provide a general overview of the new forms. Rather, we intend to focus in on specific a problem area, namely delay, and to suggest how this may be affected by the mechanisms of the new 2005 contracts.

3. To date, no dispute concerning a 2005 form has reached the Courts, so our analysis is necessarily hypothetical. This is not to say that common law principles involving the 1998 versions will fall into abeyance; given that the bulk of the 1998 wording remains almost intact, it is unlikely that the introduction of