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JCT 2016: Withdrawal and transitionary period explained

JCT 2016: Withdrawal and transitionary period explained

CT 2016: Withdrawal and Transitionary Period Explained…

The JCT 2016 Edition of contracts has been withdrawn but JCT 2016 contracts are still available to buy under a ‘transitionary period’ until the end of 2026.

What does this mean?


As of 31 March 2026, the JCT 2016 Edition was officially withdrawn, superseded by the current JCT 2024 Edition. This means that the JCT 2016 Edition is now out of date.

For new projects, or schemes yet to go out for tender, JCT recommends using contracts from the JCT 2024 Edition at the earliest possible opportunity to ensure that your contract is up to date with current legislation, compliance, and best practice.

What about the transitionary period?

JCT recognises that, whilst the 2016 Edition was withdrawn on 31 March, projects will have just started, or be in progress, on 2016 contracts. As well as the choice of main contract at Tier-1, it has a knock-on effect throughout the supply chain at Tier-2 and 3, where if a JCT 2016 main contract is used, the corresponding JCT 2016 sub-contracts will also need to be adopted.

Therefore, the transitionary period – set until 31 December 2026 – is designed to assist the industry to complete projects that have already started, or have been tendered on, JCT 2016 contracts.

What are your options?

JCT 2016 contracts will continue to be made available in hardcopy only whilst stocks last, and then digitally only thereafter – via JCT On Demand or JCT Construct – until the end of the transitionary period.

JCT recommends that:

If your choice of procurement route/main contract has yet to be decided, you use contracts from the 2024 Edition.

If you do require 2016 Edition contracts (main contracts or sub-contracts) for your project, you purchase them and any ancillary documents as soon as possible, to make sure you have the required documents before the end of the transitionary period.

Once the transitionary period is over, JCT 2016 contracts will no longer be available to buy in any format. Subscribers to the JCT Construct service will be able to replicate and reuse contracts based on their existing 2016 boilerplates to start new projects but will not be able to start any new projects based on blank 2016 templates.

Source: JCT

Project reuse launches practical flowcharts to help transform product reuse in the finishes and interiors sector

Project reuse launches practical flowcharts to help transform product reuse in the finishes and interiors sector

New guidance provides a clear roadmap for industry stakeholders to maximise the reuse of construction products and accelerate the transition to a circular economy.

Project Reuse has launched three practical flowcharts designed to help the finishes and interiors sector unlock greater opportunities for reusing products. The new resources provide a clear, step-by-step framework for stakeholders involved in deconstruction, refurbishment and new-build projects, supporting more consistent decision-making and increasing confidence in product reuse.

Developed throughout the project, the flowcharts capture the processes identified by the Project Reuse team as current best practice. While they reflect today’s operating environment, they have been designed as living guidance that will continue to evolve as reuse becomes more established across the commercial construction sector.

The flowcharts will form part of Project Reuse’s final guidance documentation, offering practical support to clients, designers, manufacturers, contractors, consultants and deconstruction specialists seeking to maximise the value of existing building products.

Three flowcharts have been published:

Ceiling Tile Reuse
The Ceiling Tile Reuse flowchart records the steps for stakeholders to take to enable reuse onsite (by the client) or offsite (in alternative commercial projects) for metal suspended ceiling tiles. It starts with the identification of products in a Pre-Deconstruction Audit and maps the process through to demount, palletisation and transportation. This captures actions for multiple stakeholders from client to consultant, manufacturer, contractor and deconstruction contractor.

Luminaire Reuse
The Luminaire Reuse flowchart records the steps for stakeholders to take to enable reuse onsite (by the client) or offsite (in alternative commercial projects) for luminaires.   It starts with identification of products in a Pre-Deconstruction Audit and maps the process through to demount palletisation and transportation.  It documents the potential reuse routes back to manufacturers, via remanufacturing or to the third sector (charities etc), focussing on reuse from one commercial project to another. This captures actions for multiple stakeholders from client to manufacturer, contractor and deconstruction contractor.

Recipient Reuse
Recognising that successful reuse depends as much on the receiving project as the donor building, the Recipient Reuse flowchart details the steps for a recipient project to take to successfully incorporate both onsite or offsite products (from other projects) into a new project.  This captures actions for multiple stakeholders from client to architect, contractor and deconstruction contractor.

As the construction sector continues to reduce waste and lower embodied carbon, these new resources provide practical guidance to help organisations move from ambition to implementation. By clearly defining roles, responsibilities and decision points across the project lifecycle, the flowcharts aim to make product reuse more accessible, repeatable and scalable across the commercial built environment.

Hattie Emerson, FIS Project Reuse Manager said:

“These flowcharts have been developed to give the industry a practical framework for delivering reuse. By clearly mapping the responsibilities of stakeholders involved, they help remove uncertainty and demonstrate that reuse can become a standard part of commercial project delivery. As the market matures, we expect these resources to evolve alongside industry practice.”

The flowcharts are now available from the FIS website at and will be incorporated into the final Project Reuse guidance, providing a valuable resource for organisations committed to advancing circular construction and reducing the environmental impact of the built environment.

For further information or for any questions please contact Hattie Emerson or Flavie Lowres.

Discounted supervision and management NVQs available for FIS members

Discounted supervision and management NVQs available for FIS members

The Skills Centre, an approved training provider for the sector, delivers a range of NVQ qualifications.

As part of its commitment to supporting the sector, FIS members benefit from an exclusive 10% discount on each of the NVQs listed below, helping businesses and individuals achieve recognised qualifications while reducing training costs.

Level 3

  • NVQ Diploma in Occupational Work Supervision
  • NVQ Diploma in Construction Contracting Operations
  • NVQ Certificate in Occupational Health and Safety

Level 4

  • NVQ Diploma in Construction Site Supervision – Building and Civil Engineering
  • NVQ Diploma in Controlling Lifting Operations – Supervising Lifts

Level 5

  • NVQ Diploma in Controlling Lifting Operations – Planning Lifts

Level 6

  • NVQ Diploma in Construction Construction Contracting Operations Management
  • NVQ Diploma in Construction Site Management – Building and Civil Engineering
  • NVQ Diploma in Occupational Health and Safety Practice

Level 7

NVQ Diploma in Construction Senior Management

For more details and to access this funding email info@theskillscentre.co.uk or call 020 3621 1942.

Updated: Guidance for FIS members on the  administration of Zentia

Updated: Guidance for FIS members on the administration of Zentia

FIS Member Note: Zentia Administration

FIS legal advisers, Hill Dickinson, have provided guidance for FIS members regarding the current administration of Zentia.

The note includes guidance on products already in situ on schemes that are nearing completion (i.e. in relation to the status of the product), as well as concerns regarding fulfilment of orders for existing products.

June 2026

Zentia (acoustic ceiling manufacturers) went into administration on 8 June.

Initial reports indicate production has ceased, and it is uncertain whether operations will resume or be acquired.

What might developers, construction professionals and contractors consider now where products have been specified on a project?

Regulatory Context and Duty holder Responsibilities

There is currently no advertised formal regulatory position that prevents the use of construction products supplied by a manufacturer in administration. However, established guidance makes clear that product compliance must be actively demonstrated throughout the lifecycle of a project. Legislation such as the Construction Products Regulations (CPR) and the Building Safety Act requires manufacturers to maintain Declarations of Performance (DoP) and valid UKCA or CE markings. The consistent message across this guidance is that responsibility sits firmly with dutyholders, including designers and contractors. It is not sufficient to rely on manufacturer assurances or historic approvals.

Implications of Manufacturer Insolvency

Insolvency poses a key risk by undermining access to, or confidence in, the information needed to evidence compliance.

The question is not about the status of the manufacturer, but the ability of dutyholders to evidence compliance at the point the product is used. Where that evidence remains complete, accessible and verifiable, the product may still be acceptable. Where it cannot be reliably obtained or validated, the risk profile changes significantly.

In practical terms, products become increasingly difficult to justify where test data cannot be accessed, certification cannot be confirmed, or ongoing technical support and lifecycle information are no longer available.

Gateway 2 and Higher-Risk Buildings

For Higher-Risk Buildings (HRBs), these issues are amplified. Gateway 2 approval rests on demonstrating compliance, competence and traceability across the design and construction process.

If manufacturer insolvency undermines access to product evidence, or creates uncertainty about the reliability or completeness of that evidence, it may affect the basis on which approval was originally granted. In such cases, project teams may need to revisit design assumptions, initiate formal change control, or consider product substitution.

This is not simply a technical issue but one of regulatory assurance. Without demonstrable evidence, compliance cannot be confidently maintained.

Building Control Compliance

From a Building Control perspective, the key issue is whether any change arising from this situation affects the approved design or its performance characteristics.

Where a Zentia product is replaced on a like-for-like basis, and the alternative can be clearly shown to deliver equivalent or better performance without altering the design intent, the impact on Building Control approval may be limited. In these circumstances, the focus should remain on evidencing equivalence and ensuring that documentation is properly recorded within the project in line with BSA specifications.

However, where a replacement product differs in its performance, or where its introduction alters any aspect of the approved design, the position becomes more complex. Such changes must be treated as design changes and should be reviewed with the project designer. The Principal Designer must be satisfied that the revised solution continues to meet regulatory requirements, and that the change has been properly assessed and justified.

The position is more stringent still on Higher-Risk Buildings. Under the Higher-Risk Buildings (HRB) Procedures Regulations, changes to specified products may constitute either notifiable or major changes, depending on their nature and impact.

Where a substitution affects fire performance (for example, a fire-rated ceiling system), it is likely to be at least a notifiable change and may be classified as a major change where it alters or undermines the approved fire strategy or the basis of compliance. This reflects the fact that such elements may form part of the building’s passive fire protection strategy.

Major changes require formal approval and can’t be implemented without following the prescribed process. Failure to recognise and manage this correctly carries significant regulatory risk, including the potential to invalidate approvals or delay project progression.

In this context, the safest and most robust approach is to treat any product substitution as a potential design change unless it can be clearly demonstrated otherwise. Early engagement with the design team, the Principal Designer, and the Building Safety Regulator or Building Control Body is essential. All decisions should be supported by clear evidence, including performance comparisons and impact assessments, and fully documented within the project record.

Other Considerations

If a manufacturer warranty is no longer available or valid, this may affect the contractual position for the parties, particularly where warranties are required as part of the project deliverables.

One practical tip for a project team would be to act quickly to secure all relevant documentation. At present, product data remains available via Zentia’s website, but there is no guarantee as to how long this will remain the case. Consider downloading and retaining all relevant test reports, certifications and technical data.

 

Additional Guidance on Manufacturer Warranties 3rd July 2026

Following publication of this guidance, FIS sought further clarification from its legal advisers, Hill Dickinson, regarding the status of manufacturer warranties where a manufacturer has entered administration.

The enforceability of a warranty will depend on who ultimately stands behind it. Where a warranty is insurance-backed, there may be continuing recourse through the insurer. However, where a warranty is simply a contractual commitment given directly by the manufacturer, administration can significantly affect its practical value.

Based on a review of information publicly available on Zentia’s website, there is currently no indication that Zentia’s standard product warranties are insurance-backed. If this is the case, the warranties are likely to have been provided directly by Zentia Limited.

As a result:

  • Any warranty claim would be against a company that is now in administration.
  • Administrators are not normally obliged to continue honouring warranty claims, although their position should be confirmed directly.
  • If the company is ultimately dissolved, there may be no entity remaining capable of fulfilling warranty obligations.

This does not automatically mean that every warranty is void, but it does create significant uncertainty regarding the practical enforceability of warranty claims.

Members with live projects where manufacturer warranties are a contractual requirement should review their contract obligations carefully and consider engaging early with clients and project teams if concerns arise. Depending on the contractual arrangements, options may include agreeing an alternative warranted product, securing an alternative form of protection, or exploring insurance-backed warranty solutions where appropriate.  Equally it may be deemed that given the circumstances the warranty is not longer expected, this should not be assumed unless the contract makes express provision.

FIS would encourage members who have concerns regarding existing Zentia warranties to contact the administrator directly to establish whether any provision has been made for warranty obligations going forward.

If you have specific questions, please call FIS on 0121 707 0077 or email info@thefis.org and we will work with our legal advisors to get the best possible response for you.

 

 

Scottish Government Backs Commercial Payments Bill

Scottish Government Backs Commercial Payments Bill

The Scottish Government has confirmed its support for the UK Government’s Commercial Payments Bill, marking an important milestone in the drive for fairer payment practices across the construction supply chain. The Bill seeks to address long-standing concerns around payment terms, late payment, retentions and enforcement, with the aim of improving cashflow and strengthening protections for businesses.

The Scottish Government’s Legislative Consent Memorandum recognises that many of the Bill’s provisions extend into devolved areas and recommends that consent be granted.

Payment and retention abuse remain one of the most persistent challenges facing construction. While successive reforms have attempted to improve payment processes, they have largely failed to reduce cashflow pressures and disputes caused by delayed payments and the withholding of retention money. The Commercial Payments Bill is recognition that stronger legislative intervention is needed to deliver the improvements that industry has been seeking for many years.

FIS has consistently campaigned for measures that improve payment practices and strengthen the position of specialist contractors. Fair payment is fundamental to creating a healthier industry and supporting businesses to invest with confidence.

As the Bill progresses in juristictions across the UK, FIS will continue to engage with policymakers and officials to help ensure that the intent of the legislation is protected and that the final measures deliver meaningful benefits for the supply chain. Whilst there remains some opposition, this is a unique generational opportunity to translate the ambitions behind the Bill into practical improvements that support businesses, encourage investment and strengthen the construction sector for the long term.

The Scottish Government’s backing is more than a procedural step. It is an important endorsement of the principle that a sustainable construction industry depends on fair and effective payment practices. FIS will continue to monitor developments closely and represent members’ interests as the legislation moves towards implementation.

Small Business Protection Bill: The clock is ticking on late payment and retentions – FIS

The Commercial Payments Bill Scotland. Legislative Consent Memorandum(s) lodged:

https://www.parliament.scot/bills-and-laws/legislative-consent-memorandums/commercial-payments-bill
Impact of new Steel Tarriffs starting 1st July

Impact of new Steel Tarriffs starting 1st July

The Government’s new steel trade measure came into force on 1st July. These tarriffs reduce steel import quotas by 51%, with imports above these levels now subject to a 50% tariff. Following concerns raised by industry, the reduction is less than the 60% originally proposed, but the cost of delivering projects is still expected to increase significantly. Price rises of between 14% and 18% are currently being reported on projects, placing even further inflationary pressures on the construction supply chain.

The new UK steel measures have been introduced primarily to protect domestic steel producers from a growing volume of lower-cost imported steel, much of which the Government argues is being diverted into the UK market because of trade restrictions elsewhere (particularly the US and EU). The Government has also linked the measures to national security, resilience of critical infrastructure supply chains, and preserving UK steelmaking capacity.

The Government has confirmed that the quotas will be reviewed every 12 months, but the industry is pushing for this to be reduced to six months, warning that businesses are facing unsustainable financial pressures and there is a high risk of insolvencies. There is a transitional arrangement in place, which means that the new quotas and tariffs will not apply to steel under contract before 14 March 2026 and imported between 1 July and 30 September 2026.

This issue is subject to ongoing discussions between the Construction Leadersship Council and Government with the main concerns being:

Commercial impact: Structural steel prices have risen sharply. Market volatility has significantly increased, reducing the ability to forecast costs accurately and increasing commercial risk on lump-sum contracts.

Project viability: Evidence from the sector indicates that the proposed measures are already affecting scheme viability, with cost increases of 14–18% being reported on live projects and per-unit cost increases of up to £4,000 on residential developments which will further impact on the Government’s house building target.

Carbon impact: High tariffs on imported low-carbon steel may unintentionally force projects to procure more carbon-intensive domestic alternatives, with the potential to undermine project sustainability targets and embodied carbon reduction strategies.

Supply impact: The quota system creates significant risk of supply shortages for steel grades and section sizes where domestic mills are either at full capacity or do not manufacture the required products.

Critical issues for fabrication manufacturers: While the steel strategy is primarily intended to benefit the main producers, there are serious unintended consequences likely for the UK’s fabricated steel sector which employs approximately 60,000 in the UK.  Concerns continute in the steel fabrication sector that the omission of fabricated steel products from the new quota and tariff framework leaves UK manufacturers facing higher input costs, whilst overseas competitors can continue importing fabricated steel into the UK without equivalent quota restrictions. The concern here is that clients will be incentivised to move fabrication overseas, putting up to 30,000 UK jobs at risk.

Lead time impact: Uncertainty around quota availability has already triggered “panic buying” behaviour, increasing short-term demand and extending procurement lead times. This volatility makes programme certainty increasingly difficult for contractors and clients.

FIS members purchasing steel are advised to consult carefully with their supplier on lead times/availability and any potentialy impact on future pricing of works and looking at how fluctuation clauses are implemented on projects with longer lead time (advice available via our legal toolkit Q&A and helpline)

Full details available here.