The Joint Contracts Tribunal (JCT) has issued amendment sheets for its JCT contracts 2011 in response to the new Construction (Design & Management) Regulations 2015 (CDM 2015), which took effect on 6 April.
The amendment sheets are available to download in PDF format and can be accessed here. The new CDM regulations will apply to JCT contracts and subcontracts in the following families:
- StandardBuilding Contract 2011
- IntermediateBuilding Contract 2011
- MinorWorksBuilding Contract 2011
- Major Project Construction Contract 2011
- Design and Build Contract 2011
- ManagementBuilding Contract 2011
- Construction Management Contract 2011
- JCT-Constructing Excellence Contract 2011
- Measured Term Contract 2011
- PrimeCostBuilding Contract 2011
- Consultancy Agreement 2011
- Short Form of Sub-Contract 2011
- Sub-subcontract 2011
The CDM 2015 regulations apply to the majority of construction projects and criminal sanctions will apply to any breaches. The new regime means that:
- the regulations apply to all projects, including domestic client projects
- a principal designer and principal contractor (replacing the role of CDM co-ordinator) must be appointed on projects involving more than one contractor. On domestic projects, the principal contractor will normally assume client duties
- all projects must have a written construction phase plan
- the Health and Safety Executive must be notified before work starts if a project will exceed 30 construction days with 20 or more people working at the same time or if it will exceed 500 person days
- everyone involved in the construction project must have the information, instruction, training and supervision needed to do their jobs in way that protects health and safety.
Projects affected by CDM 2015 are covered by transitional provisions if they began before the regulations come into force and continue afterwards.
Palmers comprehensive legal expertise means that we are ideally placed to advise on any contractual issues arising from the CDM 2015 regulations and on the implementation of the new rules at a project level. For contractual issues, please contact Adam Davis or for health and safety compliance matters, please contact Lara Murray.