Gandonu, SA; (2007) A study of new building contract take up and the risk management opportunities they offer: A case study of JCT98 and JCT2005. Doctoral thesis , UCL (University College London).

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Abstract

The modern day UK construction industry has had to increasingly adapt to the demands of the economy, technology, client expectation, ever changing building laws and new government legislation on the environment. In addition a 'compensation culture' not unlike our counterparts in America is fast becoming part of British society. To better manage the risk of litigation each new standard form of building contract is developed to address possible loopholes experienced in older versions of the building contract. For example the JCT 98 suite of building contracts published in 1998 and the newer JCT 05 suite of building contracts published in 2005 was an attempt to improve industry standards. Despite the introduction of new contract forms to address deficiencies in former versions it is often the case that many of the industry stakeholders are slow to accept these newly introduced building contracts and hence are likely to miss out on the benefits of the newer versions. However some claim that it is not without reason that they have exercised caution in their approach to accepting any new contract form introduced into the market. Others on the other hand have wholeheartedly accepted the new versions and claim to be benefiting from them. This report will attempt to find out why there is a gap in the theory of introducing new contract forms and the practice of accepting these forms by the industry stakeholders and make recommendations for closing this gap. In this respect, this report researches the rate of take up of newly introduced standard building contract forms using the JCT forms of contracts which are arguably the most prolific and popular amongst the existing plethora of UK standard building contracts. This study is based on existing literature, project case studies and structured interviews with specific construction sector stakeholders (client, consultant and contractor). Key words Client, Contracts, Contractor, Consultant, Procurement, Standard Building Contract (SBC), Joint Contracts Tribunal (JCT) Word count-10,033 (excluding tables, figures and appendices).

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