Jct Minor Works Contract Template

[Loren Swaggr]

Alongsidethese, the JCT has also published the Minor Works Admin Contract Administration Model Forms, which are template documents and notices intended to provide assistance with administering the MW and MWD 2024. This follows the publication in 2023 of JCT's Contract Administration Model Forms for use with its 2016 suite. The forms include a number of templates intended to streamline the administration of the contracts, including, for example, a pay less notice, sectional completion certificate, practical completion certificate and final certificate.

The JCT says that the MW 2024 is suitable for use where the work involved is simple in character and is designed by or on behalf of the Employer (although where the Contractor is to design discrete part(s) of the work, the MWD 2024 may be more suitable). It can be used by both private and local authority employers.

However, it is not suitable for use where bills of quantities are required, or where detailed control procedures are needed. In the 2024 update, the JCT has clarified this comment further, adding that such detailed control procedures would include, for example, detailed provisions governing extensions of time and loss and expense. As in previous editions, such provisions are not included in the new MW 2024 suite and users should look to a different, more detailed, JCT form where they are required.

In alignment with the DB 2024 suite, the MW 2024 has undergone modernisation to allow for the delivery of most notices via email. However, it is important to note that key notices related to default or termination, as governed by clause 6.2.3.2, can be sent via email only if the parties explicitly 'opt in' by including this provision in the Contract Particulars (CPs).

Consistent with the DB 2024 suite, updates have been added to the MW 2024 to address the new dutyholder requirements under Part 2A of the Building Regulations 2010. These requirements were introduced as part of the suite of measures under the Building Safety Act 2022.

Previously, Articles 4 and 5 dealt with the CDM principal designer and principal contractor roles separately. However, the updated forms now combine these roles into a single Article 5, which addresses specifically the new CDM regulations for each of them. New Article 6 details who is to be appointed as principal designer and principal contractor for the purpose of the Building Regulations.

The MW 2024 again aligns with the updates in DB 2024 here. New Article 3, previously an optional supplemental provision, has now been elevated to a core term, requiring parties to "work with each other and with other project team members in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect".

Similarly, the two other previously optional supplemental provisions relating to sustainable development and environmental considerations, and negotiation and dispute resolution, have been integrated into the main provisions.

The approach taken to extensions of time and loss and expense remains unchanged in the MW 2024 suite. Clause 2.7 provides for reasonable extensions of time where delay occurs for reasons beyond the control of the Contractor.

Thus, the new and expanded Relevant Events / Relevant Matters covering epidemics, changes in law and asbestos / contaminated material etc. in the DB 2024 suite have not been carried across to the MW 2024. This is not surprising since, as noted above, the JCT has stated that the MW suite is not suitable for use where detailed extension of time / loss and expense provisions are needed. However, as in the DB 2024, "Statutory Undertakers" have been renamed as "Statutory Providers".

It is expected that the JCT will continue to issue each contract family in the 2024 suite on a rolling basis throughout 2024. A new development will be the new Target Cost Contract, sub-contract and guide which have also been announced by the JCT for 2024.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

These construction works and consultancy services contracts must be used by all schools in all school-led property projects. For property maintenance services, it is recommended that schools use the contract templates provided.

The contracts on this page have been written to ensure that the commercial terms are appropriate for use in school-led property projects. They must be used in school-led property projects without any amendments to the special provisions.

MOE Conditions of Contract for Consultancy Services [PDF, 626 KB] (Last updated May 2019)

MOE Conditions of Contract for Consultancy Services - Guidance Note [PDF, 487 KB] (Last updated May 2019)

MOE Conditions of Contract for Consultancy Services IIA and IIB [PDF, 389 KB] (Last updated May 2019)

For school-led projects, there may still be cost escalations. Project managers will be required to validate any claims and these will need to be covered within the existing project contingency. Please contact your school property advisor if you have any questions.

Departments must follow the published guidance on procurement strategies and contract selection and use standard contracts (including conditions of offer) in accordance with the BPF, policy requirement 3. You cannot amend the BCM templates without consulting with Contract Services.

The Conditions of offer and Notices to offerors are published in the documents entitled 'Offer Requirements'. In project or program specific circumstances, it may be appropriate to use one of the following procurement templates as part of the overall procurement strategy.

For use when approaching the open market to determine the availability and interest of suitable contractors or consultants to tender for a project and where, in accordance with the Building Policy Framework, the incorporation of a Register of interest into the procurement process supports achieving policy outcomes for the project.

For use when approaching the market to determine a shortlist of suitable, available, and interested contractors or consultants to tender for a project and where, in accordance with the Building Policy Framework, the incorporation of an Expression of interest (EOI) into the procurement process supports achieving policy outcomes for the project.

For use where there is a high volume of repetitive purchases of works or services that can be scoped and priced with sufficient certainty for the duration of the Standing Offer Arrangement (SOA) term.

Please refer to the guidance material below to help you find the right standard contract for your specific government BCM project. The BCM contract finder is currently offline. For further assistance, refer to the Building Policy Framework and the Building Policy Guideline.

Further, where the standard contract incorporates Special Conditions of Contract, they are to be read in conjunction with the respective Australian Standard General Conditions of Contract. If your agency does not have a copy of the Australian Standard general conditions of contract, they can be purchased from Standards Australia (Opens in new window).

A lump sum contract that provides flexibility with regard to design provisions allowing it to be used either as a fully documented contract where design and construction documentation have been completed by the principal, or as a design and construct where the contractor is required to carry out design and/or documentation work in addition to construction work.

For use on building construction projects where the value is $1 million (including GST) or more. A fully documented lump sum contract suitable for projects where the design and construction documentation have been completed by the principal.

For use on building construction projects where the value is $1 million (including GST) or more. A design and construct lump sum contract suitable for projects where the contractor is required to carry out design and/or documentation work in addition to construction work.

Major or complex projects, including high risk / significant projects (as defined by the Building Policy Framework), where design work is required to be carried out by the contractor, where early contractor involvement is required and/or where Best Practice Principles apply.

For use on building construction projects where early contractor involvement is required, using a two-stage design management and construction process. A two-stage contract facilitating contractor led design progressing as early as possible while allowing sufficient time to develop the final project brief and prepare a lump sum offer to proceed to the second stage and undertake construction.

A two-stage contract facilitating contractor led design progressing as early as possible while allowing sufficient time to develop the final project brief and negotiate a guaranteed construction sum offer to proceed to the second stage and undertake construction.

3a8082e126