A familiar JCT title does not guarantee familiar risk allocation. Bespoke schedules and amendments can materially alter the published standard form and should be reviewed as part of the contract as a whole.
Scope and status: This is a commercial review checklist, not a statement of the terms of every JCT contract. Always identify the exact JCT family, edition, contract particulars, schedules and amendments. Last reviewed 28 August 2026.
1. Design responsibility
Identify who is responsible for which design, the stated standard of care, any fitness-for-purpose wording, responsibility for existing or employer-provided design and whether the proposed obligations align with available insurance and supply-chain commitments.
2. Time and notice provisions
Check the extension-of-time machinery, notice requirements, stated time limits and any wording that makes compliance a condition of entitlement. Confirm who controls the records and information needed to demonstrate cause and effect.
3. Loss and expense
Review the events that may give rise to recovery, any exclusions or bespoke restrictions, substantiation requirements and whether time relief and financial recovery are governed by different provisions.
4. Payment and set-off
Map the payment timetable from application through payment notice, pay less notice and final date for payment. Check application requirements and any proposed set-off rights against both the executed drafting and the applicable statutory payment regime.
5. Liability, indemnities and termination
Review liability caps, excluded and uncapped losses, indemnity wording, insurance obligations, termination triggers and the contractual consequences of termination. Legal advice may be needed on enforceability and interpretation.
Turn review into action
- Compare the proposed document with the correct published form.
- Rank issues by potential impact and likelihood.
- Separate must-change provisions from commercial preferences.
- Prepare fallback drafting before negotiations.
- Record accepted risks and brief the delivery team.
- Flow necessary obligations into the supply chain.
Sources and further reading
- JCT: updated practice note on the risks of amending standard forms
- JCT: official useful documents and 2024 selection guidance
- Housing Grants, Construction and Regeneration Act 1996, Part II
JCT materials explain the published forms but do not replace the executed contract or professional advice. JCT is a registered trade mark; no affiliation or endorsement is implied.
This guide is general information and does not constitute legal advice.
