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Joint Contracts Tribunal - call for leadership on sustainability

Discussions by leaders of the construction industry on its sustainability performance provisions have yielded a surprisingly positive outcome, according to JCT secretary general Professor Peter Hibberd.

Held at the Swiss Re tower in London on November 7, the first ever JCT policy lunch attracted 15 senior executives from organisations across the industry, as well as government departments and agencies. They heard James Wates, chairman of the Construction Confederation and deputy chairman of Wates, start discussions on whether contracts should include stronger sustainability performance provisions for the construction process.

Questions such as whether contractual provisions could be effective, what remedies could be sought for failure to meet sustainability requirements, and how contracts and guidance could assist and encourage professional advisers to give priority to sustainable design features were all debated at the meeting.

Professor Peter Hibberd was delighted by the extremely positive response from those attending: “I was anticipating a ‘lukewarm’ reaction, but what I actually received was the complete opposite.

“The construction industry generally appears to accept that something has to be done about sustainability, and as it is the largest industry in the economy, it has to take responsibility, and to some degree leadership, in introducing changes.

“Having been given a clear indication of the industry’s sentiments, we will now be opening this question up to a wider industry audience to find out how we move this forward.”

JCT will issue a briefing paper later this year and invite comments and contributions from the industry during January. This will lead to the drafting of guidance and possibly contract provisions for introduction into the industry later in the year. Any organisation that wishes to be involved in this process should send an email to Stanform@jctltd.co.uk.

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 agrees there is a need.

Email: meh@chelgate.com


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