15 June 2026. RICS Contract Practice and Contract Administration: Choosing the Right JCT Contract and Understanding the Construction Act
- Sarah Chaudhry MBA FRICS
- 5 days ago
- 3 min read
One of the most common areas of questioning during an APC assessment is Contract Practice and Contract Administration. Assessors are not simply testing whether a candidate can name a contract; they are assessing whether the candidate understands how contracts allocate risk, administer projects, and protect client interests.
A question frequently asked is:
"Why did you choose that particular JCT contract?"
Many candidates answer by stating that it was the client's preferred contract or that it was the contract used by their organisation. Unfortunately, this does not demonstrate competence. The assessors are looking for a deeper understanding of procurement strategy, risk allocation, project objectives, and contractual administration.
Understanding the JCT Suite
The Joint Contracts Tribunal (JCT) publishes a range of standard forms designed to suit different project types and procurement strategies.
JCT Minor Works Contract
Typically used for smaller, straightforward projects where the works are well defined and the risks are relatively low.
Suitable for:
Small refurbishments
Maintenance projects
Minor alterations
JCT Intermediate Building Contract
Used for projects of moderate complexity where additional contractual provisions are required beyond those contained within the Minor Works Contract.
Suitable for:
Medium-sized refurbishments
School improvement works
Commercial fit-outs
JCT Standard Building Contract
Often adopted where the client wishes to retain design responsibility and the design is substantially complete before tender.
Suitable for:
Complex projects
Heritage buildings
High-quality developments
JCT Design and Build Contract
One of the most commonly used contracts in the UK construction industry.
Suitable where:
Cost certainty is important
Programme certainty is required
Single-point responsibility is preferred
Design risk is to be transferred to the contractor
JCT Management Contracting and Construction Management
Typically used on large and complex developments where programme flexibility and early contractor involvement are critical.
These procurement routes generally involve greater client involvement and reduced cost certainty compared to traditional procurement routes.
How Assessors Expect You to Answer
The contract itself is only part of the answer.
Assessors expect candidates to explain:
The client's objectives
Alternative procurement routes considered
Advantages and disadvantages of each option
Risk allocation
Impact on programme
Impact on cost certainty
Impact on quality
For example:
"The client required cost certainty, a single point of responsibility, and an accelerated programme. I considered both Traditional and Design and Build procurement routes. Design and Build was recommended as it transferred design coordination risk to the contractor, provided earlier cost certainty, and aligned with the client's programme requirements."
This demonstrates Level 3 advice.
Understanding the Construction Act
Contract knowledge should not be limited to the JCT provisions alone.
Candidates should also understand the impact of the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009.
This legislation is commonly referred to as the Construction Act.
The Act introduced several important protections designed to improve payment practices and dispute resolution within the construction industry.
Key provisions include:
Payment Notices
The payer must issue a payment notice identifying:
The amount due
The basis upon which it has been calculated
Pay Less Notices
Where the payer intends to pay less than the notified sum, a valid Pay Less Notice must be issued within the contractual timescales.
Adjudication
Parties have a statutory right to refer disputes to adjudication at any time.
Adjudication provides a quick and cost-effective method of dispute resolution and is often described as a "pay now, argue later" process.
Suspension for Non-Payment
Contractors may suspend performance where payment is not received in accordance with the contract and statutory requirements.
Common APC Questions
Candidates preparing for Contract Practice and Contract Administration should be able to answer questions such as:
Why was that procurement route selected?
What are the advantages and disadvantages of Design and Build?
What is the difference between sectional completion and partial possession?
What is a relevant matter?
What is a relevant event?
What is a vesting certificate?
What are the requirements of the Construction Act?
What is adjudication?
What is the difference between adjudication and arbitration?
How would you assess a loss and expense claim?
How would you make a contractor rectify a defect?