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JCT 2016 and Case Law Update - Constructing Excellence

Page 1 Constructing Excellence SC16 May 2019 Mark ClintonPartner, Irwin Mitchell LLPJCT 2016and Case Law UpdatePage 2 JCT ContractsStill leading after all these yearsPage 31932 Page 4 Page 5 Page 6 Page 7 Page 8 Contracts most often used JCT 62% NEC 14% Constructing Excellence 1% Contracts used JCT 70% NEC 39%NBS Contracts in Use Survey 2018 Page 9 Why not collaborate?Page 10 Why not collaborate? Client did not want it 43% Project too small 30% Parties have different objectives29% Concerns about risk28% Concerns about liability27% Previous negative experience9%NBS Contracts in Use Survey 2018 Page 11 Why do we use them?

Confirmed Acceptance’ (JCT DB2011) becomes ‘any amount agreed by Confirmed Acceptance of an Acceleration Quotation’ (JCT DB 2016) • The pace of change is increasing. What was the Extent of the Changes? Page 17 ‘It is not believed that any of the 2016 edition

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