A change was introduced to the JCT Standard Building Contract 2011 (all versions) on 2 February 2013 to enable an employer to name individual specialists as domestic sub-contractors for identified parts of the works by appropriate entry in the Contract Particulars.

Typically, this provision will be used where the work is of a specialist nature and allows the employer the opportunity to select a sub-contractor with the relevant expertise. 

The key features of the Named Specialist Update are:

  • The Employer has the freedom to choose his sub-contractor for the specialist work
  • The Employer can take control of the timing and involvement of the sub-contractor to meet his requirements
  • The Employer's right may be limited to the specialist pre-named in the contract documents (or their replacements), or, for provisional sum work, may also extend to post-naming. 
  • The Contractor has a right of reasonable objection (within 7 days) in the case of the naming of any replacement specialist, or if post-naming applies. 
  • The Contractor has to employ the Named Specialist using the relevant JCT Standard Building Sub-Contract and cannot impose his own terms and conditions.
  • The Contractor carries all the risk for the Named Specialist, except when:
    • the named specialist becomes insolvent.
    • the Contractor exercises his right of objection
  • In both circumstances the Contractor may be entitled to an extension of time and loss and expense.
  • If the Contractor becomes entitled to terminate a Named Specialist's employment or to give notice of a specified default which could become grounds for termination, he requires to notify the Architect/Contract Administrator beforehand and, if requested, consult with the Employer. 

This is not a step back to nomination of sub-contractors which featured in JCT 1998 (and earlier) suites of contracts where there was a direct contractual link between the employer and nominated sub-contractor.  These nomination provisions were swept away by JCT 2005 in the belief that they were seldom used. Nomination provisions were missed in some quarters and this new Named Specialist Update perhaps goes some way to addressing that.

© MacRoberts 2013

Disclaimer

The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.