Do I need amendments to the standard form JCT contracts and why. Are these just standard amendments which you have a precedent for or are they bespoke?

If you are a developer or funder, yes you must have amendments to the standard JCT forms. For example, some amendments are designed to push more risk on the contractor in circumstances where it is easier for the contractor to manage that risk and where the JCT does not deal with a fair allocation. These amendments are drafted according to the particular nature of the project and the risks involved.

For example you simply cannot have one clause on ground conditions that fits all projects because some projects are new build, some are refurbishments or extensions to existing buildings, some projects have the benefit of ground condition reports and others do not, some contracts require the contractor to carry out ground testing, others do not etc., so where the risk sits depends on the circumstances of the project.

Whilst every lawyer has a template starting point, in our experience no two contracts should ever be drafted the same and each contract must be made bespoke with careful thought so the project is covered properly.

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