The Joint Contracts Tribunal (JCT), the UK’s largest contract authoring body, will take a bold step on Wednesday, November 7, by hosting a policy meeting to discuss how contracts and guidance might help improve sustainability in the construction industry.

The Stern Report last year predicted environmental Armageddon unless mankind changed its ways. This has fuelled increasing public and political interest in the environment and energy, and a growing concern about the impact human activities are having on the globe.

Construction is one of the UK’s largest economic sectors and, by its very nature, is energy and materials intensive. Increasingly, contractors, architects and suppliers have to meet sustainability standards, and ensure that the materials used are environmentally friendly and energy efficient. It is generally accepted that there is considerable scope for further improvement.

The JCT policy meeting, which will be held at the Swiss Re tower (the Gherkin) in London and will involve a number of key construction organisations from across the industry, will discuss whether contracts should include stronger sustainability performance provisions for the construction process. Questions whether such provisions could be effective, what remedies could be sought for failure to meet sustainability requirements, and how contracts could encourage professional advisers to give priority to sustainable design features will all be debated at the meeting.

Peter Hibberd, JCT secretary-general, said: “It will be interesting to hear what the supply and demand sides of the industry think about this proposal, and to explore how, and if, contracts can be used effectively to improve sustainability in the industry.

“Contracts already provide the framework for performance of the parties working on a project, and could be adapted to include environmental provisions. Although many leading organisations are responding to the calls for greater corporate social responsibility across the range of their activities, the cost of improving the overall environmental performance of a project is something some employers may be unable or unwilling to bear.

“Our proposed approach is similar to that being adopted by the Olympic Delivery Agency, which will ensure particularly high standards of sustainability, of health and safety, and of occupational health , throughout the entire supply chain on any project.”

JCT is the UK’s only consensual contract authoring body. It was set up by the industry in 1931 and its members include many of the key industry bodies. The successful introduction of sustainability provisions within standard forms of contracts can only be undertaken if the industry and its users agree.

Email: rt@chelgate.com