JCTC sustainability drive

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Contractors will have to improve their sustainability performance under new clauses in contracts introduced in the spring.

The Joint Contracts Tribunal Council decided to extend sustainability provisions within its contracts following an industry-wide consultation. More than 70 per cent of all projects in Britain are built under a JCT contract.

Secretary-general Peter Hibberd said a working group was now preparing the provisions and detailed guidance notes. It is understood clauses could include specifications on waste reduction and the use of recycled material.

He said the provisions would be published toward the end of the year and were expected to be incorporated from spring 2009.

Some legal experts have aired concerns, saying it is vital the provisions are made legally enforceable.

Halliwells construction partner Karen Kirkham said: "Best practice developers have included sustainability provisions in their contracts for years and they seldom make the final cut.

"Unless there is some sanction in the form of amended building regulations or a real cost incentive in terms of whole life cycle costings for buildings these provisions, if introduced, are likely to remain an aspiration and of dubious enforceability in any case."

But Mr Hibberd said the move would have a big impact on sustainable building. He said: "We have a huge opportunity to improve the sustainability performance of the construction industry.

"We owe it to future generations to ensure that the buildings we put up today protect the environment as far as possible - and at the same time are great places in which to live, work and have fun. The construction industry is in a unique position as the largest sector in the economy to make a real difference to Britain's landscape."

The JCT working group comprises various representatives from its council, which includes the British Property Federation, Construction Confederation, Local Government Association, National Specialist Contractors Council, Royal Institute of British Architects, The Royal Institution of Chartered Surveyors and the Scottish Building Contract Committee.

Its industry consultation found four in five respondees thought guidance was required for dealing with sustainability in contract documents.

Karen Kirkham, construction partner, Halliwells

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Analysis: Laudable in theory, but will it work in practice? 

By Karen Kirkham

Plenty of construction agreements pay lip service to sustainability: urging designers to consider whole-life costing or provisions prohibiting tropical hardwood.

The former tend to survive to the first set of fee negotiations; the latter until the developer decides that nice bit of mahogany is just the thing for the reception.

Construction contracts will go green when occupiers specifically contract for low lifecycle costs and when sustainability joins the list of statutory requirements.

Otherwise these provisions will fare as well as the JCT third party rights option and data interchange supplement. Any developer or occupier can already include sustainability in the specification.

The JCT's aim is laudable but is it its role to reflect contract practice or to convert and educate?

Karen Kirkham is a construction partner at commercial law firm Halliwells