Conflict and disputes in construction are never far away. Although neither should arise in a perfect world, JCT provides for what appears inevitable, while seeking to avoid them.

Since its inception, JCT has sought to minimise conflict and disputes by providing clear, fair contract provisions that assist administration and help reduce misunderstandings – matters integral to conflict and dispute avoidance.

JCT 2024 continues this objective, where the provisions “collaborative working” and “notification and negotiation of disputes” – originally introduced as optional supplemental provisions in JCT contracts in 2009 – have been moved respectively to article 3, and section 9 “settlement of disputes” (references throughout are to the JCT Design and Build Contract).

The optionality provided at that time was appropriate for maintaining a degree of choice. Optionality has now been removed, with the provisions embedded in the main body of the contract to add greater weight and to hasten behavioural change – a change that delivers the behavioural shift encouraged by the government’s 2022 Construction Playbook. 

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