Early contractor involvement in building procurement : by David Mosey

By David Mosey

Early contractor involvement : an outline -- Conditional contracts and early undertaking tactics -- difficulties and disputes below building part development contracts -- Early contractor involvement in layout, pricing and hazard administration -- purchaser management, communique structures and binding programmes -- Contractual and non-contractual preconstruction suggestions -- Preconstruction commitments below framework agreements -- venture administration and venture partnering -- hindrances to early contractor appointments -- executive and perspectives and event -- Conclusions : the golden age of rock 'n' roll?

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Extra resources for Early contractor involvement in building procurement : contracts, partnering and project management

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2, 505. 126 Barlow et al. (1997), 5. 127 For example, JCT 2005, NEC3 and GC/Works/1. 125 42 Causes of Problems and Disputes consequences of a variety of risk events and to complete by means of later pricing and instruction certain parts of the project that are undefined or ‘provisional’ at commencement of the construction phase128. By seeking to accommodate contractual systems designed to deal with the unforeseeable consequences of change and risk events and provisional items, the parties acknowledge that not all future contingencies can be fully anticipated, and to this extent their contract has the characteristics of neo-classical contract law.

The subcontract price requires the support of such a business case in order to obtain client approval, and preparation of the business case also gives the main contractor the opportunity to demonstrate the qualitative benefits justifying its proposals. 81 MacNeil (1974), 777. See MacNeil (1974), 780. 83 See MacNeil (1974), 780. 82 30 Conditional Contracts and Early Project Processes These techniques for overcoming the potential delay and uncertainty of negotiations require clear agreed processes to be set out in advance.

Third, such an agreement can encourage the parties’ commitments if it provides for reasonable reward in respect of activities performed during the preconstruction phase100, and if it states limits on the parties’ respective rights in relation to abandonment of the construction phase in the event that the outputs from preconstruction phase activities do not satisfy agreed preconditions. 8 Conditional relationships without full consideration In addition to regulating conditionality by agreeing early commitments, a further function of preconstruction phase agreements should be the harmonising of interests that would otherwise give way to the pursuit of what Williamson described as inconsistent and potentially ‘antagonistic sub-goal pursuits’101.

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