Under the Joint Contracts Tribunal (JCT) suite of contracts, relevant events refer to specific events or circumstances that may impact the progress, completion, or cost of a construction project. These events are considered as grounds for entitling the contractor to an extension of time or additional payment.
What are the common jct relevant events?
The definition of relevant events may differ based on the particular JCT contract in use, as there are various versions and editions. Nevertheless, there are several typical instances of relevant events found in JCT contracts, such as:
Variations:
Variations refer to changes or modifications in the scope of work, design, or specifications issued by the employer or architect. These changes can impact the time or cost of the project.
Instructions
Instructions under JCT contracts are directions or orders given by the employer or architect to the contractor during the course of the project.
Deferment of Possession of the Site
If the employer fails to provide the contractor with possession of the site within the agreed timeframe, it is considered a relevant event.
Suspension
Suspension refers to the temporary halting or suspension of construction works due to reasons specified in the contract, such as disputes, financial difficulties, or other unforeseen circumstances.
Works by Statutory Undertakers
If works carried out by statutory undertakers (e.g., utility companies or public authorities) impact the progress or completion of the project, it is considered a relevant event.
Exceptionally Adverse Weather
When there are extreme and unforeseen weather conditions that significantly affect construction progress, such as heavy storms, floods, or extreme heat, it is recognized as a relevant event.
Civil Commotion
Civil commotion refers to acts of unrest, disturbances, or public disorder that affect the project and disrupt its progress.
Terrorism and Strikes
Acts of terrorism or strikes by workers that impact the progress or completion of the project are considered relevant events.
‘Any Impediment, Prevention, or Default … by the Employer’
This catch-all provision covers any unforeseen circumstances, impediments, prevention, or defaults by the employer that significantly affect the progress or completion of the works. Contractors may be entitled to claim an extension of time and additional costs resulting from such events caused by the employer’s actions or inactions.
Delay Notices and Contractor’s Responsibilities
According to the JCT contract, the contractor is obligated to provide a notice whenever it becomes reasonably evident that the project’s progress is being delayed or is likely to be delayed. This notice must include the relevant details of the circumstances, including the cause(s) of the delay, and specifically highlight any event that qualifies as a Relevant Event. Additionally, the contractor must specify the anticipated impact of the delay on the completion date, either within the initial notice or in a subsequent written communication promptly thereafter.
Conclusion
In conclusion, understanding and assessing relevant events under JCT contracts is vital for contractors and project stakeholders in the construction industry. These events, which can vary based on the specific JCT contract edition, encompass a range of circumstances that may impact the progress, completion, or cost of a construction project.
By recognizing and appropriately addressing relevant events, contractors can be entitled for extensions of time and additional payment.
It is crucial to thoroughly review the contract provisions, comply with notice requirements, gather supporting evidence, and seek professional guidance when needed. By following these steps, contractors can effectively assess and respond to these events, mitigating potential risks and fostering successful project outcomes within the framework of JCT contracts.
Do you need professional advise?
As Liongate, our experts can support you for your claims under JCT contracts. We help our clients for delay assessments and documentations. Contact us for further information and free consultation.