So, all those conspiracy theorists were (and are) correct after all; little green persons and UAPs (formerly called UFOs) do exist. And if they do exist, what does the new suite of JCT building contracts planned for 2024 say about this?

Well, sadly there is no report of there being a new Relevant Event and corresponding Relevant Matter for when (not if) a UAP drops in for a site visit thereby delaying the Contractor's regular and diligent progress of the Works. This must come as a great shock to the JCT contractor community who will be demanding a special amendment as follows:

"After clause [x] insert the following additional Relevant Event, "The X-Files - any impediment, prevention or delay by reason of unidentified aerial phenomena (UAP) and/or alien bodies, alien species or non-human bodies;"

There will be a similar additional Relevant Matter and some corresponding definitions for UAP, alien bodies etc but that is on a 'need to know' basis for MT's clients.

JCT 2024 suite - what is coming?

Ignoring the obvious lack of a little green person amendment, the press reports (official and unofficial) suggest we are in for a cornucopia of JCT excitement including but, one assumes, not limited to the following:

1. Modernisation - gender neutral language, use of electronic notices;
2. Legislative changes - updates in relation to the Building Safety Act 2022, new insolvency grounds to reflect the Corporate Insolvency and Governance Act 2020;
3. Future proofing - incorporation of optional supplemental provisions relating to Collaborative Working and Sustainable Development etc into the main document; and
4. New JCT forms - a new contract family, JCT Target Cost Contract comprising main contract, sub-contract and guide.

In addition, one reads there are to be the following changes:

• new Relevant Events for matters such as epidemics although most JCT forms I now read have already been amended to cater for this;
• there is also mention that the existing Relevant Event dealing with antiquities (e.g. clause 2.26.4 of the JCT DB 2016) is to be extended or widened to include UXO, contamination and asbestos;
• "Statutory Undertakers" are to be redefined as "Statutory Providers", which makes things much clearer;
• the 12 weeks for assessing an extension of time is to be reduced to 8 weeks, one assumes from receipt of the required particulars;
• optional Relevant Matters will be provided for, i.e. this is where one can insert the 'little green persons' provision;
• it will be expressly stated that LADs only apply up to the date of the termination of the contract and, thereafter, the Employer must sue for general damages for ongoing delay. This will probably mean pre-contract negotiations over whether the agreed LADs figure is a 'cap' or not to any general damages claim. That should be fun; 
• a 'due date' for the final payment after termination is to be added so as to remove any existing uncertainty;
• the list of nominating bodies for dispute resolution is to be less prescriptive which is a step forward, i.e. we might see some new, fresh adjudicators rather than more of the same; and
• akin to what appears in the NEC4, the existing optional Supplementary provision 10 requiring "good faith" negotiations between senior people will no longer be optional but this cannot prevent a party's right to refer a dispute arising under a construction contract to adjudication 'at any time'. That is a statutory right that not even the JCT can stop.

Conclusion

When I was an articled clerk back in the 80s we were still using the JCT 1963 form of contract. This was despite the fact that one my then principal's commented, "if an architect told a client to use the JCT 63 form, he should be sued for negligence". The JCT suite of contracts has moved a long way since 1963 and while they remain imperfect, they are no longer drafted by unseen people in the comers of dark, smoked-filled rooms. Well, that is what I am told.

Spring 2024 looks like being an exciting time for all of us who do nothing other than live, breath and sleep JCT contracts. I am certain lawyers up and down the British Isles will be hard at work updating their 50+ pages of special amendments so that 2024 set of contracts meets their clients' needs. I am equally certain that none of these amendments will provide for the inevitable delay and additional cost that will be caused when a non-human body drops by in its UAP for an unannounced site visit.