NEW - SBCC Project Bank Account Documentation 2022
28 February 2023
The Scottish Building Contracts Committee (SBCC) is pleased to announce they have released an updated version of the Project Bank Account Documentation (PBA/Scot 2022). This new contract is available in digital format only. It can be purchased through the SBCC online service here:
The PBA/Scot 2022 supersedes the 2013 version and is available to purchase with both a Full subscription, or Free subscription. This contract has not been published in print format so is not available to purchase from selling agents.
Project bank accounts (PBAs) help to protect cash flow to sub-contractors, particularly in the event of the insolvency of the employer or contractor. The extent of the protection is dependent on the operation of the PBA and is generally limited as regards employer’s insolvency.
The SBCC PBA documentation comprises the following:
- SBCC Project Bank Account Agreement (PBA). This includes the SBCC form of Joining Agreement (PBA/JA).
- Enabling Provisions for insertion into the Building Contract and Sub-Contracts requiring the relevant parties to enter into the PBA.
- Guidance Notes.
The documentation is designed to be generic enough for use by both public and private sector clients and on any type or size of project. The suitability of the documentation for use in relation to any given project should be considered and appropriate legal advice taken as necessary.
The documentation is specifically designed to be used with the SBCC Standard Building Contract (SBC) (any of the three published versions) and SBCC Design and Build (DB) forms of SBCC main contract and their related standard forms of SBCC sub-contract i.e. the SBCC Standard Building Sub-Contract Agreement for use in Scotland 2016 (SBCSub/A/Scot), SBCC Standard Building Sub-Contract with sub-contractor’s Design Agreement Scotland 2016 (SBCSub/D/A/Scot) and SBCC Design and Build Sub-Contract Agreement For Use in Scotland 2016 (DBSub/A/Scot).
This document contains the three relevant parts, i.e. Project Bank Account Agreement, form of Joining Agreement and the Enabling Provisions, to enable a project bank account to be set up and operated.
It is appropriate for use in conjunction with the following standard forms of SBCC main contract and their related standard forms of SBCC sub-contract:
• a SBCC Standard Building Contract (SBC/ Scot);
o a SBCC Standard Building Sub-Contract Agreement for use in Scotland 2016 (SBCSub/A/Scot); or
o a SBCC Standard Building Sub-Contract with sub-contractor’s Design Agreement Scotland 2016 (SBCSub/D/A/Scot).
• a SBCC Design and Build Contract For Use in Scotland 2016 (DB/Scot);
o a SBCC Design and Build Sub-Contract Agreement For Use in Scotland 2016 (DBSub/A/Scot).
The SBCC produces building contracts and guides designed to meet the needs of the construction industry in Scotland. They are based on JCT contracts but compliant with Scottish law and practice.