To reinforce that we cannot address sustainability, carbon reduction and waste management from a hearts and minds, save the planet for future generations, common sense point of view and approach, JCT have started a consultation process as to which sustainability items should be made contractual within JCT forms of contract, as in legally binding commitments.
Details are on the JCT site
One of the consultation questions allows you to choose from a list of themes you would like seen as a contractual issue (see below), which gives a pretty good indication of what JCT is thinking.
Would the sustainability contract be with client and contractor, or all, as per the JCT Constructing Excellence Collaborative Contract (one would hope!). Or following a growing school of thought that that the earth should have ‘legal status’, hence with the earth itself?
Which would you like to see as a contractual clause:
|Carbon emissions associated with construction process|
|Carbon emissions associated with the end use of the ‘project’|
|Commercial vehicle movements|
|Consumption of energy during construction process|
|Consumption of energy associated with the end use of the ‘project’|
|Consumption of water during construction process|
|Consumption of water associated with the end use of the ‘project’|
|Economic sustainability in construction supply chain|
|Maintenance or optimisation of biodiversity|
|Origin of construction materials|
|Waste management in construction process|
|Waste management associated with the end use of the ‘project’|
JCT working group update at http://www.jctltd.co.uk/stylesheet.asp?file=24042008144528
Peter Hibberd, JCT secretary-general, summarised: On simple analysis, it is clear that sustainability is a matter of importance, and a substantial majority of respondents thought that performance could be improved through industry specific documentation.
“Many thought that contract conditions should be specific about sustainability performance, but not too detailed, relying upon other supporting documentation for implementation.
The general view was that these contract clauses must be legally enforceable, and 80 per cent thought that guidance was required for dealing with sustainability in contract documents.”