Do consultants amend JCT contracts just to boost their fees?

摘要

There is a commonly held view that, while the Joint Contracts Tribunal (JCT) suite of contracts are not closed books, clients are often encouraged by advisors to make unnecessary amendments to the contract under the guise of balancing of risk - which results in uncertainty and complicated, lengthy disputes. Lawyers are more than familiar with this argument. Drafting a 'one size fits all' contract for every project is of course no easy feat and the JCT suite remains the most widely used form of contract in the private sector. However, it is natural for clients to seek to tailor any contract to their unique circumstances and, more often than not, amendments will be made to a contract during negotiations. While contract amendments are viewed by some as a cynical exercise in generating fees for professional advisors, those amendments mostly look to reduce disputes rather than increase uncertainty between the parties. The amendments often encourage conversations between parties that would otherwise not take place prior to entering into the contract, and this ultimately benefits both parties.