Following an industry-wide consultation, the Joint Contracts Tribunal (JCT) has announced that sustainability provisions will be introduced into its suite of contracts from Spring 2009.

These sustainability provisions are currently being drafted by a JCT working group but they are understood to address issues such as the reduction of waste and energy consumption.

Peter Hibberd, the JCT secretary general, described the JCT as

"giving a lead to the construction industry, which is in a unique position as the largest sector in the economy to make a real difference to Britain’s landscape".

The JCT has already introduced certain sustainability provisions in the JCT’s Framework Agreement 2007 which include

"exploring ways in which the environmental performance and sustainability of the tasks might be improved and environmental impact reduced".

The key issues for the working group will be how far the drafting is taken in defining what is meant by ‘sustainability’ and the extent to which such obligations will be legally enforceable. It seems likely that the drafting will take the form of generic sustainability clauses coupled with specific guidance on implementation.   

Whilst the aim of this latest JCT initiative cannot be questioned, the extent to which the sustainability provisions will survive the contract negotiations is questionable. As they may not necessarily be the least expensive option, if contractors and design consultants are asked to adopt greener practices this will have an inevitable effect on price which the employer will need to be prepared to bear.

Watch this space…