Main contractors often push the limits when drafting construction contracts for subcontract work, even though we have perfectly good standard form contracts in the form of NEC and JCT. I have seen pages and pages of ‘z clauses’ inserted into NEC contracts, and so many changes to JCT contracts that they should really be renamed. Standard clauses designed to protect subcontractors, though, simply vanish into thin air.
On the other side of the table, for some subcontractors, navigating the contractual landscape can be time-consuming and difficult, especially when ‘standard’ no longer really means ‘standard’ and those all-important standard clauses designed to provide protection and a level playing field are just deleted time and time again. Continue Reading →