JCT 2024 contracts—good faith in practice
Construction analysis: In this Insight, Shy Jackson considers the scope and implications of the parties’ obligation to work together in good faith under the Joint Contracts Tribunal (JCT) 2024 contracts.
This sub-topic provides an introduction to Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (often referred to as the Construction Act), and related legislation—in particular:
Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009)
the Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649
the Construction Contracts (England) Exclusion Order 2011, SI 2011/2332 and the Construction Contracts (Wales) Exclusion Order 2011, SI 2011/1713, the Construction Contracts (England) Exclusion Order 2022, SI 2022/839, the Construction Contracts (Exclusion) (Wales) Order 2023, SI 2023/475, and for contracts entered into before 1 October 2011, the Construction Contracts (England & Wales) Exclusion Order 1998, SI 1998/648 (referred to below as the ‘Exclusion Orders’)
The HGCRA 1996 was a legislative response to the perceived cash flow problems and dispute culture within the construction industry during the 1980s and 1990s that were highlighted by the Latham Report, 'Constructing the Team'. The HGCRA was enacted in 1996 and came into force in May 1998, providing a base set of requirements
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