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Our expert lawyers have prepared this guide to help contractors, developers, and employers understand the JCT Design & Build Contract and how to use it effectively. This guide covers key elements, legal insights, common examples, and related documents to ensure compliance and efficiency in construction projects.
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The JCT Design & Build Contract is a widely used construction agreement where the contractor is responsible for both design and construction. This contract streamlines the process by giving a single entity responsibility for the entire project.
It is commonly used for:
💡 Did You Know?
The JCT Design & Build Contract is preferred for cost and time certainty, as it eliminates the employer’s need to manage separate designers and contractors.
A JCT Design & Build Contract provides:
📌 Example:
A property developer wants to construct a new apartment complex. Instead of hiring separate designers and contractors, they appoint a single contractor under a JCT Design & Build Contract, ensuring seamless execution from design to final construction.
📌 Lawyer’s Tip:
Clearly define Employer’s Requirements in detail to avoid disputes over design responsibility.
💡 Did You Know?
If the contractor subcontracts design work, they remain liable for any defects unless otherwise agreed.
📌 Example:
A university commissions a new student accommodation block under a JCT Design & Build Contract. The contractor receives interim payments after completing each phase, such as foundation, roofing, and internal finishes.
Changes to the project scope must be managed through a formal variation order, documenting the cost and timeline impact.
📌 Example:
A hotel developer decides to add a rooftop terrace after construction begins. A variation order is issued to cover the extra design work, materials, and construction time.
💡 Did You Know?
Under the Construction Act 1996, contractors cannot be forced to undertake additional work unless agreed in writing.
📌 Example:
A contractor delays the completion of an office block by 4 weeks. The JCT contract specifies £10,000 per week in liquidated damages, so the contractor owes the employer £40,000.
📌 Lawyer’s Tip:
Ensure liquidated damages are realistic—unreasonably high penalties may be unenforceable in court.
After completion, the contractor is obligated to fix any defects for a set period (usually 6-12 months).
📌 Example:
A school’s air conditioning system fails within 3 months of project completion. Under the defects liability clause, the contractor must repair or replace faulty work at no cost.
JCT Design & Build Contracts include several dispute resolution options:
📌 Lawyer’s Tip:
Adjudication is often the most cost-effective option for resolving construction disputes quickly.
✅ Clearly define Employer’s Requirements
✅ Ensure Contractor’s Proposals align with expectations
✅ Set clear payment terms (lump sum or stage payments)
✅ Include design responsibility provisions
✅ Specify variation procedures for changes
✅ Define liquidated damages for delays
✅ Outline defects liability and rectification terms
📌 Lawyer’s Tip:
A well-drafted contract helps reduce risks and ensures smooth project execution.
🔗 JCT Standard Building Contract – Used when the employer provides the full design rather than the contractor.
🔗 Construction Subcontract Agreement – Outlines the responsibilities and payment terms for subcontractors working on a construction project.
🔗 Collateral Warranty Agreement – Protects third parties (such as lenders or tenants) who rely on the contractor’s work.
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Our expert lawyers answer your frequently asked questions about the JCT Design & Build Contract, covering its key features, legal implications, and practical applications. This guide ensures that contractors, developers, and employers fully understand how this contract works and when it should be used.
🔗 Get Your JCT Design & Build Contract Template Now
A JCT Design & Build Contract is a construction contract in which the contractor is responsible for both design and construction. The employer provides the Employer’s Requirements, while the contractor submits Contractor’s Proposals outlining how they will deliver the project.
📌 Example:
A property developer appoints a single contractor to design and build a new office block, rather than managing separate designers and builders.
💡 Did You Know?
This contract is popular because it reduces employer risk, simplifies management, and provides a single point of responsibility.
A JCT Design & Build Contract is ideal for:
📌 Example:
A supermarket chain uses a JCT Design & Build Contract for multiple store expansions, allowing contractors to begin construction while finalising designs.
✅ Single-point responsibility – The contractor manages the entire project.
✅ Time efficiency – Design and construction happen simultaneously.
✅ Cost certainty – A fixed price is typically agreed upfront.
✅ Reduced employer involvement – Fewer management duties for the employer.
📌 Lawyer’s Tip:
If an employer wants more control over design, a JCT Standard Building Contract may be more suitable.
🔗 Get Your JCT Design & Build Contract Template Now
📌 Example:
A hospital project under a JCT Design & Build Contract experienced delays because the contractor miscalculated structural requirements, requiring costly redesigns.
💡 Did You Know?
Under the Construction Act 1996, employers must set out clear payment schedules to ensure contractors are paid fairly and on time.
The contractor is responsible for both design and construction defects, even if they subcontract the design work.
📌 Example:
A contractor subcontracts an architect to design a hotel extension, but structural flaws emerge. The contractor—not the architect—remains liable for the defects.
📌 Lawyer’s Tip:
Employers can protect themselves by requesting a collateral warranty from subcontracted designers.
🔗 Get a Collateral Warranty Agreement
Payments are usually structured as:
📌 Example:
A university campus extension project uses a JCT Design & Build Contract with stage payments after completing foundations, structural works, and final finishes.
Yes, but only through a variation order, which may increase costs and extend deadlines.
📌 Example:
A property developer requests additional balconies after signing the contract. A variation order is issued, increasing project costs and delaying completion by 4 weeks.
The employer may apply liquidated damages if the project is delayed beyond the agreed completion date.
📌 Example:
A shopping mall project is delayed by 6 weeks, and the JCT contract specifies £5,000 per week in liquidated damages. The contractor owes £30,000 for the delay.
💡 Did You Know?
If liquidated damages are too high, they may be unenforceable in court.
The defects liability period (typically 6-12 months) allows the contractor to fix defects at no extra cost after project completion.
📌 Example:
A new office building experiences roof leaks within 3 months of completion. The contractor is responsible for fixing the issue during the defects liability period.
If the contractor becomes insolvent, the employer may terminate the contract and hire a replacement.
📌 Lawyer’s Tip:
Employers can reduce financial risk by requiring performance bonds or parent company guarantees.
🔗 Get a Performance Bond Template
JCT contracts provide three main dispute resolution options:
📌 Example:
A contractor disputes a payment deduction for delays. They choose adjudication, and a ruling is made within 28 days.
Under the Construction Act 1996, contractors can suspend work and claim interest on late payments.
📌 Example:
A contractor halts construction of a retail park because the employer missed a milestone payment.
📌 Lawyer’s Tip:
A well-drafted contract reduces risks and protects project investments.
A JCT Design & Build Contract is a powerful tool for ensuring efficient, cost-effective project delivery. By understanding its terms and legal implications, you can manage risk and ensure smooth project execution.
Our expert lawyers provide this DIY guide to help contractors, developers, and employers navigate the JCT Design & Build Contract.
🔗 Get Your JCT Design & Build Contract Template Now
A JCT Design & Build Contract is a construction agreement where the contractor is responsible for both design and construction. This provides a single point of responsibility, reducing employer risk and streamlining project execution.
It is commonly used for:
💡 Did You Know?
JCT Design & Build Contracts shift most of the design and construction risks to the contractor, making them more attractive to employers who want to reduce management workload.
The employer must clearly outline their expectations, project scope, performance criteria, and materials to be used. These requirements form the basis of the contract.
📌 Example:
A property developer specifies that a new office block must achieve a BREEAM ‘Excellent’ sustainability rating.
📌 Lawyer’s Tip:
Unclear or vague Employer’s Requirements lead to disputes—ensure precise wording.
The contractor submits a proposal detailing how they will meet the Employer’s Requirements, including:
📌 Example:
A contractor proposes a steel-frame structure instead of concrete, citing faster build times and lower costs.
💡 Did You Know?
The contractor remains liable for any design errors, even if they subcontract the design work.
JCT Design & Build Contracts typically use a lump sum payment structure, meaning the contractor bears the risk of cost overruns. Payments are made through interim stage payments based on project progress.
📌 Example:
A hospital expansion project releases payments at foundation, structural completion, and final handover stages.
📌 Lawyer’s Tip:
Define a clear payment schedule to maintain project cash flow.
🔗 Get Your JCT Design & Build Contract Template Now
📌 Example:
A contractor hires an engineering firm to design an office building’s HVAC system. If the system fails, the contractor—not the engineering firm—is liable for the defect.
💡 Did You Know?
Employers can request collateral warranties from subcontractors to extend liability protection.
🔗 Get a Collateral Warranty Agreement
Any changes to project scope must be agreed in writing through a variation order, covering:
📌 Example:
A hotel developer decides to add rooftop solar panels after signing the contract. A variation order is issued to cover additional costs and new deadlines.
📌 Lawyer’s Tip:
Clearly define a variation process to avoid disputes over project changes.
If the contractor fails to complete on time, the employer can apply liquidated damages—a pre-agreed financial penalty per delay day/week.
📌 Example:
A retail park is completed 6 weeks late. The contract specifies £10,000 per week in liquidated damages, so the contractor owes £60,000.
💡 Did You Know?
Liquidated damages must reflect actual financial losses—excessive penalties may be unenforceable in court.
After completion, the contractor must fix defects for a set period (usually 6-12 months) at no extra cost.
📌 Example:
A university’s heating system fails 3 months after completion. The contractor must repair it at their own expense under the defects liability clause.
JCT contracts provide three main dispute resolution options:
📌 Example:
A contractor disputes a payment deduction for delays and opts for adjudication, receiving a ruling within 28 days.
📌 Lawyer’s Tip:
Adjudication is the cheapest and fastest way to resolve JCT contract disputes.
✅ Clearly define Employer’s Requirements
✅ Ensure Contractor’s Proposals align with expectations
✅ Set clear payment terms (lump sum or stage payments)
✅ Include design responsibility provisions
✅ Specify variation procedures for changes
✅ Define liquidated damages for delays
✅ Outline defects liability and rectification terms
📌 Lawyer’s Tip:
A well-drafted contract helps reduce risks and ensures smooth project execution.
🔗 JCT Standard Building Contract – Used when the employer provides the full design rather than the contractor.
🔗 Construction Subcontract Agreement – Outlines responsibilities and payment terms for subcontractors.
🔗 Performance Bond Template – Provides financial protection in case of contractor insolvency.
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Karim Oualnan at handled a contractual case to a successful resolution. Karim was diligent, always providing great, honest advice in which Karim always put my best interests at the forefront of his suggestions during the case. He is very reliable, trustworthy and always on hand to help. I would highly recommend Karim and look forward to working with him again in future.
Karim is a standout lawyer! His approach is very strategic and always has the best intentions of the client in mind throughout. I would highly recommend him if you’re looking for a lawyer. You’re in safe hands!
Karim is an incredibly meticulous and astute lawyer who applies a high level of skill and intelligence to his work. There is no one else that I can think of who I would go to solve a commercial dispute due to his ability of solve problems and see the commercial angle and importance of legal issues. As is evidenced by his career so far he is very comfortable with leading on complex matters and you can trust that he will produce an excellent quality of work. He is also incredibly personable, diligent and hard-working.
Karim was amazing, quick and effective just what you need. Very professional and makes it easy for you to understand everything. Always there when we need help and times of need. Worth every single penny!
I received follow up legal advice from Karim that was extremely helpful and really helped me to clarify my situation and decide on my case progression
Absolutely super service.
Very reactive and called within minutes. Offered us lots of great advice which he didn’t need to offer up for free. Would recommend
I have known Karim for several years and have nothing but praise for the way he conducts himself professionally. He is an outstanding Litigation Solicitor dedicated to achieving the best solutions for his clients. He is highly recommended
I recently worked with Karim at GoLegal and couldn’t be more pleased with the service I received. He provided exceptional advice regarding trademarks and offered valuable business insights. His expertise and thoroughness were evident in every interaction. I highly recommend Karim and GoLegal for anyone seeking professional and insightful legal guidance.
Thank you so much Karim for your Legal advice
Professional, friendly and helpful
I cannot be more grateful
Highly recommended
It was astounding how much legal knowledge and experience Karim and the team possessed. They gave good legal advice and handled complicated legal matters with ease. Their handling of delicate situations with professionalism was admirable.
Go-legal Ai has very professional and well mannered people who work hard to make sure your enquiries are dealt with as soon as possible.
Having spoken to multiple solicitors in the past few weeks I was at wit’s end, I was just as low as could be until I found Karim who gave me the confidence to keep going, his knowledge of my predicament was second to none.
Karim gave me valuable advice and was very helpful
when i was unsure weather to pursue a claim for a Construction contractual dispute.
Amazing service and experienced staff. Help and advice was top quality and especially recommend Karim as giving a level of quality service above expectations. Thank you
Amazing service! He’s thorough and ensures no detail is overlooked. With his extensive expertise, he provided me with confidence and reassurance during our legal proceedings. Karim was efficient from beginning to end, and his friendly demeanor made it an unparalleled experience!
Karim was able to offer us some great advice in consultation. Very knowledgeable and considerate. Thank you Karim.
I highly recommend Karim as a commercial solicitor. While he worked on my matter, I was extremely impressed with his expertise, professionalism, and client-focused approach. He is a trusted advisor who will provide you with the expert legal advice you need to make informed decisions.
I recently sought legal representation for a challenging litigation case and go-legal exceeded my expectations in every way. From the initial consultation, it was clear they were experienced and truly invested in getting the best outcome for me.
Karim, was particularly exceptional. His profound knowledge of the law and insightful strategies were invaluable throughout the process. He kept me informed, addressed all my concerns with patience and clarity, and consistently demonstrated genuineness.
Another massive thank you
Karim and his team have been excellent in helping our company navigate the regulatory environment in the online competitions and gaming sector. His legal expertise has been invaluable in recent months, and we’re extremely grateful for his knowledge and support.
I am writing to express my deepest gratitude for the service Ms.Zareen provided in securing the approval of my child’s Dependent visa following the initial refusal.
From the very beginning, her dedication and professionalism were evident. She took the time to thoroughly understand our situation, meticulously reviewed all the documents, and provided clear, concise guidance on the necessary steps to strengthen our case. Her expertise and strategic approach played a vital role in overturning the refusal.
I particularly appreciate how she maintained clear and constant communication, ensuring we were informed and reassured throughout the process ,showed remarkable attention in preparing our documents & displayed genuine compassion and understanding, which made a stressful situation much more manageable.
Thanks for her hard work and expertise.
We are incredibly grateful for the positive outcome.
Her efforts have had a profound impact on our lives, and we cannot thank you enough.
I will wholeheartedly recommend the services to anyone in need of immigration assistance, knowing they will be in the best hands.
I am writing to express my deepest gratitude for the service Ms.Zareen provided in securing the approval of my child’s Dependent visa following the initial refusal.
From the very beginning, her dedication and professionalism were evident. She took the time to thoroughly understand our situation, meticulously reviewed all the documents, and provided clear, concise guidance on the necessary steps to strengthen our case. Her expertise and strategic approach played a vital role in overturning the refusal.
I particularly appreciate how she maintained clear and constant communication, ensuring we were informed and reassured throughout the process ,showed remarkable attention in preparing our documents & displayed genuine compassion and understanding, which made a stressful situation much more manageable.
Thanks for her hard work and expertise.
We are incredibly grateful for the positive outcome.
Her efforts have had a profound impact on our lives, and we cannot thank you enough.
I will wholeheartedly recommend the services to anyone in need of immigration assistance, knowing they will be in the best hands.
Karim was easy to work with. Slight communication hiccup at the start, but more than made up for it with the work he did on my case. Happy with the outcome.
Karim has been so so great, he helped me throughout the whole process and even after. 100% recommended
Karim has been absolutely amazing, really helpful and responses were always really fast. I would 100% go back!
I am extremely pleased with the legal services provided by Karim and his team. Their expertise, professionalism, and prompt communication made a significant difference in my case. I also appreciated your display of empathy and understanding during a potentially stressful period for me. Your compassionate approach was truly valuable – a massive bonus for me personally. Highly recommended!
Karim provided exceptional service, demonstrating a high level of professionalism and competence. He was thorough, responsive, and always ensured that my needs were met promptly and efficiently. His expertise and attention to detail were evident in every interaction, making the entire process smooth and stress-free. I highly recommend Karim for his outstanding service and dedication to excellence.
Karim is an immaculate professional, going above and beyond to excel in his service. Couldn’t recommend highly enough!
Karim was exceptional at providing me advice to my matters. He was attentive, knowledgeable and approachable. Moreover, GoLegal is a great platform for open-sourced legal information.
The owner of Go Legal helped me with the process of filing a pre-action protocol proforma and it went smoothly. I totally recommend their professionalism and also dedication.
Karim is an amazing asset to have in your corner. Can’t recommend him and his team enough
Karim was extremely helpful and knowledgeable.
Gave me sound advice on what I needed to do.
Very helpful and informative. Takes the time to address the details
Very helpful and friendly impartial advice. Extremely thankful for the patience and time.
Karim had exceptional dedication, a positive attitude and provided very helpful guidance. He constantly went above and beyond in every aspect.
Great advice from the start, completely understanding & happy to discuss anything that your unsure about concerning
Fantastic Service given and alot of help regarding ex business partner/supplier giving harassment and defamation. A cease and desist letter was recommended to resolve the issues. Definitely recommended.
Exceptional service throughout the whole process. The information and advice provided was first class and exceeded my expectations.
I am delighted to share my heartfelt gratitude and utmost appreciation for Zareen, the immigration consultant who expertly guided us through the British naturalisation process for my wife and two kids. From start to finish, Zareen’s exceptional service and unwavering confidence made an enormous difference in our journey.
Zareen’s expertise and professionalism were evident from our very first meeting. She thoroughly understood the complexities of our case and approached each challenge with a calm and positive demeanor. Her extensive knowledge of the naturalisation process and her ability to anticipate and address potential issues reassured us every step of the way.
What truly set Zareen apart was her constant communication and feedback. She kept us informed about the progress of our application, providing timely updates and constructive insights that helped us stay on track. Her positive attitude and encouraging words were a source of comfort, especially during moments of uncertainty.
Zareen’s dedication and meticulous attention to detail ensured that all our documentation was accurate and complete. Her proactive approach in preparing and submitting our application demonstrated her commitment to achieving the best possible outcome for our family.
Thanks to Zareen’s exceptional guidance, we successfully obtained British naturalisation for my wife and two kids. Her professionalism, confidence, and unwavering support made an otherwise daunting process smooth and stress-free. I wholeheartedly recommend Zareen to anyone seeking an immigration consultant who genuinely cares about her clients and delivers outstanding results.
Thank you, Zareen, for your outstanding service and for helping our family achieve this significant milestone. We are forever grateful for your expertise and support.
Karim is knowledgeable and very attentive in all details ensuring the process goes smoothly and transparent, Also very professional and reliable, throughout the process making it easier and more prompt, I definitely recommend it 🌟🌟🌟🌟🌟🌟
Excellent to have warm personable assistance
Would highly recommend for drafting any contractual documents. Stand out firm
Called in for information regarding my dissertation on civil law and was kindly provided with very useful information.
Since I was in need of a lawyer, Karim was my go to. He was really listening to me and I felt heard. Thanks for your help
karim gave me a call back and gave me advice on what I should do. Thank you
Very helpful! Thanks Karim
He listened and provided very good advise
Great platform. Thank you Go Legal Ai
Very caring and professional company…
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