Preconditions for loss and expense have changed

During our time in operation the Amison Dispute team have gained experience with all kinds of issues. Something we have learnt in this period is that a single solution just isn’t enough for every last one of them. That is why we adopted a tailored approach to our work. Able to offer assistance in all kinds of disputes, including those to do with JCT amendments, we are the people to call whenever help is needed.

In the most recent updates to the Joint Contracts Tribunal’s suite of standard form contracts, there have been many cardinal alterations. The restructuring shall influence the majority of construction endeavours within the country, as this is where JCT contracts stand as the forms that are most typically used. Should parties neglect to make themselves privy to these revisions or shun them, it could prove disastrous.

There are some amendments that are welcomed by employers including rearrangements to loss and expense preconditions. The quick payment of loss and expense is going to be a welcome addition to contractors, but there are some drawbacks. A new condition precedent clause exists that may catch certain individuals off guard. Contractors are entitled to reimbursement for their losses and expenses, but they are subject to acquiescence with the notification provisions present in clause 4.20.

The previously mentioned clause seeks to make sure that contractors supply the required details so that employers can inspect the loss and expense sustained. Additionally, the employer must establish these amounts rapidly whilst conducting the examination.

The issue here is that contractors might discover employers attempting to use the fact that the necessary actions haven’t being followed as a means of refusing a claim. As such, excellent contract management is needed more than ever.

At Amison Disputes Resolutions, we prefer to construct strong and long lasting relationships with our clients. This enables us to better understand their requirements and provide them with the top quality services that they need.

If you are currently disputing with another party because of JCT amendments and would like help, please get in touch with us.