- •Introduction
- •List of tables
- •List of figures
- •Table of cases
- •Table of statutes
- •Glossary
- •1 UK construction sector context
- •1.1 The nature of the sector
- •1.2 The nature of professionalism in construction
- •1.3 The nature of projects
- •1.4 Procurement methods
- •2 Roles and relationships
- •2.1 Common problems
- •2.2 Client roles
- •2.3 Consultant roles
- •2.4 Professional services agreements
- •2.5 Architect
- •2.6 Quantity surveyor
- •2.7 Typical terms in professional services agreements
- •2.8 Integrated documentation
- •3 General contracting
- •3.1 Background
- •3.2 Use of general contracting
- •3.3 Basic characteristics
- •3.4 Risk in general contracting
- •3.5 Standardized approaches to general contracting
- •4 Design-build
- •4.1 Background
- •4.2 Features of DB contracts
- •4.3 Use of the JCT design build form (JCT DB 11)
- •4.4 Characteristics of JCT DB 11
- •4.5 Risk in DB
- •4.6 Approaches to DB
- •5 Construction management
- •5.1 Background
- •5.2 Use of construction management contracts
- •5.3 Principles of CM contracting
- •5.4 Overview of JCT CM Contract
- •5.5 Allocation of risk in construction management
- •5.6 Approaches to construction management
- •6 Collaborative contracting
- •6.1 Background
- •6.2 Use of collaborative contracting
- •6.3 Principles of collaborative contracting
- •6.4 Characteristics of collaborative contracting
- •6.5 Risk in collaborative contracting
- •6.6 Approaches to collaborative contracting
- •7 Risk allocation and procurement decisions
- •7.1 Types of risk in construction contracts
- •7.2 Dealing with risk
- •7.3 Procurement
- •7.4 Identifying and choosing procurement methods
- •7.5 Characteristics of procurement methods
- •8 Contract choice
- •8.1 Use of standard contracts
- •8.2 Contract drafting
- •8.3 JCT contracts
- •8.5 The burgeoning landscape of standard forms
- •9 Tendering and contract formation
- •9.1 The meaning of construction contracts
- •9.2 The formation of contracts by agreement
- •9.3 Contracts made by tender
- •10 Liability in contract and tort
- •10.1 Express terms
- •10.2 Exemption clauses
- •10.3 Incorporation by reference
- •10.4 Implied terms
- •10.5 Liability in tort for negligence
- •11.1 Standard of work
- •11.2 Statutory obligations
- •11.4 Transfer of materials
- •12.1 Implied obligations
- •12.3 Responsibility for the contract administrator
- •12.4 Responsibility for site conditions
- •12.5 Health and safety
- •13 Responsibility for design
- •13.1 Design management
- •13.2 Design duties in law
- •13.3 Legal responsibility for design
- •14 Time
- •14.1 Commencement
- •14.2 Progress
- •14.3 Completion
- •14.5 Adjustments of time
- •15 Payment
- •15.2 The contract sum
- •15.3 Variations
- •15.4 Fluctuations
- •15.5 Retention money
- •16.1 Contract claims and damages
- •16.2 Grounds for contractual claims
- •16.3 Claims procedures
- •16.4 Quantification of claims
- •17 Insurance and bonds
- •17.1 Insurance
- •17.2 Bonds and guarantees
- •18 Role of the contract administrator
- •18.2 Contract administrator as independent certifier
- •19 Sub-contracts
- •19.3 The contractual chain
- •19.7 Collateral warranties
- •20 Financial remedies for breach of contract
- •20.1 General damages
- •20.2 Liquidated damages
- •20.3 Quantum meruit claims
- •21 Defective buildings and subsequent owners
- •21.1 Claims in negligence
- •21.2 Statutory protection
- •21.3 Alternative forms of legal protection
- •21.4 Assessment of damages
- •22 Suspension and termination of contracts
- •22.1 Suspension of work
- •22.2 Termination for breach at common law
- •22.3 Termination under JCT contracts
- •22.4 Termination under NEC contracts
- •22.5 Termination under FIDIC contracts
- •22.6 Termination of contract by frustration
- •23 Non-adversarial dispute resolution
- •23.1 Background to disputes
- •23.2 The nature of construction disputes
- •23.3 The role of the contract administrator
- •23.4 Methods of dispute resolution
- •24 Adversarial dispute resolution
- •24.1 Adjudication
- •24.2 Arbitration
- •24.3 Litigation
- •24.4 Arbitration or litigation?
- •References
- •Author index
- •Subject index
132 Construction contracts
8.5THE BURGEONING LANDSCAPE OF STANDARD FORMS
Despite frequent calls from various quarters over the last few decades, there is no way that the number and diversity of standard-form contracts will reduce. First, there are many organizations and institutions who see the value in being perceived as originators of forms of contract. A new form of contract attracts a lot of attention and interest in the construction sector. If it is carefully thought out and introduces new and interesting ways of working, then even if it is not generally taken up in practice, it can have a strong influence on how future contracts are drafted. Second, the ever-growing diversity of materials, components and techniques requires increasingly diverse professional and technical skills to deal with them. These are the drivers for the kind of complexity and communication issues that require new kinds of contract to deal with new kinds of co-ordination and risk issues. Third, the expense of litigation, whether in time or money terms, is an ever-present threat to harmonious business relationships. Finally, institutions of all kinds are constantly battling for the attention of potential members or supporters, and for influence with policy-makers. Standard-form contracts are clearly important tools in shaping the institutional infrastructure of the construction sector. For all of these reasons, there are far more standard-form construction contracts than those covered in this Chapter. As stated at the beginning of the book, our aim is to cover the general principles of construction contracting, rather than to provide a comprehensive analysis of one or two specific forms.