The Construction Contract
Most construction projects are procured using a standard form of contract (such as JCT, NEC4, FIDIC etc.) as opposed to bespoke construction agreements. Wherever possible I always recommend using a standard form building contract with amendments as necessary to suits the needs of the parties and the project.
Where amending a standard contract does not allow sufficient flexibility to the parties, then it is possible to adopt a bespoke contract.
Bespoke construction agreements are specially drafted to suit the specific requirements of a particular project.
On some projects, in particular the more complex ones, creating a bespoke contract may be seen as the most efficient means of agreeing terms.
Bespoke construction agreements are also commonly used for very simple supply agreements, where the standard forms may be considered unnecessarily complex and inflexible.
Drafters beware when preparing bespoke construction agreements!
However, careful consideration should be given when implementing a bespoke contract.
They may not adequately or fairly make provision for all circumstances, and they are not supported by a history of case law.
A large number of legal issues have been created by bespoke contracts, and they are often costly and time consuming to draft, and disputes can be costly and time consuming to resolve in court.
Overall, a properly tailored standard form construction contract is the best way to ensure that you get the end result you want and any disputes are resolved in a fair and appropriate manner.
How can I help you?
During my career in private practice, I drafted a number of bespoke construction contracts for large PFI/PPP projects. Therefore, I can adequately advise on the advantages and disadvantages of using bespoke contracts on a project by project basis. Similarly, I can provide suitable bespoke drafting when required.
For further information or to discuss a matter, please Contact me.